Part 5Civil recovery of the proceeds etc. of unlawful conduct
C1Chapter 3Recovery of cash in summary proceedings
Searches
290 Prior approval
1
The powers conferred by section 289 may be exercised only with the appropriate approval unless, in the circumstances, it is not practicable to obtain that approval before exercising the power.
2
The appropriate approval means the approval of a judicial officer or (if that is not practicable in any case) the approval of a senior officer.
3
A judicial officer means—
a
in relation to England and Wales and Northern Ireland, a justice of the peace,
b
in relation to Scotland, the sheriff.
4
A senior officer means—
a
in relation to the exercise of the power by F7an officer of Revenue and Customs, such an officer of a rank designated by the Commissioners of Customs and Excise as equivalent to that of a senior police officer,
b
in relation to the exercise of the power by a constable, a senior police officer.
F2c
in relation to the exercise of the power by an accredited financial investigator, an accredited financial investigator who falls within a description specified in an order made for this purpose by the Secretary of State under section 453.
5
A senior police officer means a police officer of at least the rank of inspector.
6
If the powers are exercised without the approval of a judicial officer in a case where—
a
no cash is seized by virtue of section 294, or
b
any cash so seized is not detained for more than 48 hours F1(calculated in accordance with section 295(1B)),
7
The report must give particulars of the circumstances which led him to believe that—
a
the powers were exercisable, and
b
it was not practicable to obtain the approval of a judicial officer.
8
In this section and section 291, the appointed person means—
a
in relation to England and Wales F4..., a person appointed by the Secretary of State,
b
in relation to Scotland, a person appointed by the Scottish Ministers.
F5c
in relation to Northern Ireland, a person appointed by the Department of Justice.
9
The appointed person must not be a person employed under or for the purposes of a government department or of the Scottish Administration; and the terms and conditions of his appointment, including any remuneration or expenses to be paid to him, are to be determined by the person appointing him.
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