C1C2C3C5C4Part 4Confiscation: Northern Ireland
Pt. 4 applied by S.I. 1989/1341 (N.I. 12), arts. 57(5B), 59(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), Supreme Court s. 458(1), Sch. 11 para. 19(2)(3); S.I. 2003/333, art. 2, Sch.)
Pt. 4: 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)
Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 11(5)
Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 6(5)
F1Search and seizure powers
Ss. 195A-195T and cross-headings inserted (22.11.2014 for the insertion of ss. 195S(1)-(5), 195T(1)-(7) for specified purposes, 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 57(2), 116(1) (as amended by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 18(2)(m) (with arts. 24-28); S.I. 2014/3101, art. 3; S.I. 2016/147, art. 3(b))
195HExercise 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 195C without the approval of a lay magistrate, 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 195D, 195E and 195F without the approval of a lay magistrate, and
b
no property is seized under section 195C.
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 lay magistrate.
4
The appointed person means a person appointed for the purposes of this subsection by the F2Department of Justice .
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 F3Department of Justice .
F45A
“Government department” includes a Northern Ireland department.
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 Northern Ireland.
Pt. 4 functions of receiver extended (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 4(1)(a)