[127B Conditions for exercise of powers]
Proceeds of Crime Act 2002 (2002 c 29) | Legislation

[127B  Conditions for exercise of powers]

[(1)     An appropriate officer may exercise the power conferred by section 127C if satisfied that any of the following conditions is met.

(2)     The first condition is that—

(a)     a criminal investigation has been started in Scotland with regard to an indictable offence,

(b)     a person has been arrested for the offence,

(c)     proceedings for the offence have not yet been started against the person in Scotland,

(d)     there [are reasonable grounds to suspect] that the person has benefited from conduct constituting the offence, and

(e)     a restraint order is not in force in respect of any realisable property.

(3)     The second condition is that—

(a)     a criminal investigation has been started in Scotland with regard to an indictable offence,

(b)     a person has been

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