C2C1C3Part 2Confiscation: England and Wales
Pt. 2 applied by Police and Criminal Evidence Act 1984 (c. 60), ss. 56(5B), 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(2)(3); S.I. 2003/333, art. 2, Sch.)
Pt. 2: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)
F1Search and seizure powers
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.
Pt. 2 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 8(5A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(2)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.)