Commentary on Sections Police and Criminal Evidence Act 1984 (c.60)
657.The amendments of sections 56 and 58 of the Police and Criminal Evidence Act 1984 enable the exercise of an arrested person’s rights to be delayed under certain circumstances where this might result in the dissipation of a person’s benefit from crime. These consequential amendments of the 1984 Act are similar to those made by the earlier confiscation legislation.
658.By virtue of the amendment of section 116 of the 1984 Act, a drug trafficking offence as defined in paragraph 1 of Schedule 2 to the Act is always a “serious arrestable offence” for the purposes of the 1984 Act. The classification of an offence as a serious arrestable offence makes certain powers available in relation to it which are not available in relation to other offences. Again, the position here is similar to that in earlier legislation.
659.In addition, however, the new principal “all crime” money laundering offences created by the Act are defined as offences which are always serious arrestable offences. At present, the principal drug money laundering offences are always serious arrestable offences but not the principal laundering offences applicable to the proceeds of other crimes.