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

Chapter 3Recovery of cash in summary proceedings

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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 a customs officer, a customs 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.

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,

the customs officer or constable who exercised the powers must give a written report to the appointed person.

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 and Northern Ireland, a person appointed by the Secretary of State,

b

in relation to Scotland, a person appointed by the Scottish Ministers.

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.