C2C1C3Part 2Confiscation: England and Wales

Annotations:

F1Search and seizure powers

Annotations:
Amendments (Textual)
F1

Ss. 47A-47S and cross-heading inserted (22.11.2014 for the insertion of ss. 47A, 47G, 47S(1)-(5) for specified purposes, 1.6.2015 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 55(2), 116(1); S.I. 2014/3101, art. 3; S.I. 2015/983, art. 2(2)(a)

47HExercise of powers without judicial approval

1

An appropriate officer must give a written report to the appointed person in any case where—

a

the officer seizes property under section 47C without the approval of a justice of the peace, and

b

any of the property seized is not detained for more than 48 hours.

2

An appropriate officer must also give a written report to the appointed person in any case where—

a

the officer exercises any of the powers conferred by sections 47D, 47E and 47F without the approval of a justice of the peace, and

b

no property is seized under section 47C.

3

A report under this section must give particulars of the circumstances which led the officer to believe that—

a

the powers were exercisable, and

b

it was not practicable to obtain the approval of a justice of the peace.

4

The appointed person means a person appointed for the purposes of this subsection by the Secretary of State.

5

The appointed person must not be a person employed under or for the purposes of a government department; and the terms and conditions of appointment, including any remuneration or expenses to be paid, are to be determined by the Secretary of State.

6

The period of 48 hours mentioned in subsection (1)(b) is to be calculated in accordance with subsection (7).

7

In calculating a period of 48 hours in accordance with this subsection, no account is to be taken of—

a

any Saturday or Sunday,

b

Christmas Day,

c

Good Friday, or

d

any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.