Part 5Civil recovery of the proceeds etc. of unlawful conduct

C1C2Chapter 3Recovery of cash in summary proceedings

Annotations:
Modifications etc. (not altering text)
C1

Pt. 5 Ch. 3 applied (1.4.2010) by UK Borders Act 2007 (c. 30), ss. 24(1), 59(2); S.I. 2010/606, art. 2

C2

Pt. 5 Ch. 3 applied by 2007 c. 30, s. 24(1) (as substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 21(3), 58(1)(6); S.I. 2018/78, reg. 3(f))

Searches

289 Searches

1

If F7an officer of Revenue and Customs or constable F15, an SFO officer who F1, a constable or an accredited financial investigator is lawfully on any premises F2 and has reasonable grounds for suspecting that there is on the premises cash—

a

which is recoverable property or is intended by any person for use in unlawful conduct, and

b

the amount of which is not less than the minimum amount,

he may search for the cash there.

F111A

The powers specified in subsection (1D) are exercisable if—

a

F9an officer of Revenue and Customs, a constable F20, an SFO officer or an accredited financial investigator has reasonable grounds for suspecting that there is cash falling within subsection (1E) in a vehicle, and

b

it appears to the officer F27of Revenue and Customs, constable F28, SFO officer or investigator that the vehicle is under the control of a person (the suspect) who is in or in the vicinity of the vehicle.

1B

The powers are exercisable only if the vehicle is—

a

in any place to which, at the time of the proposed exercise of the powers, the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, or

b

in any other place to which at that time people have ready access but which is not a dwelling.

1C

But if the vehicle is in a garden or yard or other land occupied with and used for the purposes of a dwelling, the F10officer of Revenue and Customs, constable F21, SFO officerF22of Revenue and Customs or accredited financial investigator may exercise the powers under subsection (1D) only if the officer, constable F21, SFO officer or investigator has reasonable grounds for believing—

a

that the suspect does not reside in the dwelling, and

b

that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling.

1D

The F10officer of Revenue and Customs, constable F23, SFO officerF24of Revenue and Customs or accredited financial investigator may, so far as the officer, constable F23, SFO officer or investigator thinks it necessary or expedient, require the suspect to—

a

permit entry to the vehicle,

b

permit a search of the vehicle.

1E

Cash falls within this subsection if—

a

it is recoverable property or is intended by any person for use in unlawful conduct, and

b

the amount of it is not less than the minimum amount.

2

If F8an officer of Revenue and CustomsF3, a constable F16, an SFO officer or an accredited financial investigator has reasonable grounds for suspecting that a person (the suspect) is carrying cash—

a

which is recoverable property or is intended by any person for use in unlawful conduct, and

b

the amount of which is not less than the minimum amount,

he may exercise the following powers.

3

The officer F4, constable F17, SFO officer or accredited financial investigator may, so far as he thinks it necessary or expedient, require the suspect—

a

to permit a search of any article he has with him,

b

to permit a search of his person.

4

An officer F5, constable F18, SFO officer or accredited financial investigatorF12may—

a

in exercising powers by virtue of subsection (1D), detain the vehicle for so long as is necessary for their exercise,

b

in exercising powers by virtue of subsection (3)(b), detain the suspect for so long as is necessary for their exercise.

5

The powers conferred by this section—

a

are exercisable only so far as reasonably required for the purpose of finding cash,

b

are exercisable by F25a customs officerF25an officer of Revenue and Customs only if he has reasonable grounds for suspecting that the unlawful conduct in question relates to an assigned matter (within the meaning of the Customs and Excise Management Act 1979 (c. 2)).

F29ba

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

are exercisable by an F19SFO officer or accredited financial investigator only in relation to F13the following—

i

premises in England, Wales or Northern Ireland (in the case of subsection (1)),

ii

vehicles and suspects in England, Wales or Northern Ireland (in the case of subsections (1D) and (4)(a)),

iii

suspects in England, Wales or Northern Ireland (in the case of subsections (2), (3) and (4)(b)).

F305A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

Cash means—

a

notes and coins in any currency,

b

postal orders,

c

cheques of any kind, including travellers’ cheques,

d

bankers’ drafts,

e

bearer bonds and bearer shares,

F26f

gaming vouchers,

g

fixed-value casino tokens,

h

betting receipts

found at any place in the United Kingdom.

7

Cash also includes any kind of monetary instrument which is found at any place in the United Kingdom, if the instrument is specified by the Secretary of State by an order made after consultation with the Scottish Ministers F6or, in relation to Northern Ireland, is specified by the Department of Justice by an order.

F147A

For the purposes of subsection (6)—

a

“gaming voucher” means a voucher in physical form issued by a gaming machine that represents a right to be paid the amount stated on it;

b

“fixed-value casino token” means a casino token that represents a right to be paid the amount stated on it;

c

“betting receipt” means a receipt in physical form that represents a right to be paid an amount in respect of a bet placed with a person holding a betting licence.

7B

In subsection (7A)—

  • “bet”—

    1. a

      in relation to England and Wales and Scotland, has the same meaning as in section 9(1) of the Gambling Act 2005;

    2. b

      in relation to Northern Ireland, has the same meaning as in the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (S.I. 1985/1204 (N.I. 11)) (see Article 2 of that Order);

  • “betting licence”—

    1. a

      in relation to England and Wales and Scotland, means a general betting operating licence issued under Part 5 of the Gambling Act 2005;

    2. b

      in relation to Northern Ireland, means a bookmaker's licence as defined in Article 2 of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985;

  • “gaming machine”—

    1. a

      in relation to England and Wales and Scotland, has the same meaning as in the Gambling Act 2005 (see section 235 of that Act);

    2. b

      in relation to Northern Ireland, has the same meaning as in the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (see Article 2 of that Order).

7C

In the application of subsection (7A) to Northern Ireland references to a right to be paid an amount are to be read as references to the right that would exist but for Article 170 of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (gaming and wagering contracts void).

8

This section does not require a person to submit to an intimate search or strip search (within the meaning of section 164 of the Customs and Excise Management Act 1979 (c. 2)).