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Publication - Report

Proceeds of crime – search and seizure of cash: Appointed Person's report 2016-2017

Published: 25 Sep 2017
Part of:
Law and order
ISBN:
9781788511445

Report on the exercise of powers under the Proceeds of Crime Act 2002 regarding search and seizure of cash.

7 page PDF

243.2kB

7 page PDF

243.2kB

Contents
Proceeds of crime – search and seizure of cash: Appointed Person's report 2016-2017
Footnotes:

7 page PDF

243.2kB

Footnotes:

1. Policing and Crime Act 2009 (Commencement No.10 and Transitional Provision and Savings) Order 2015 article2(1), 2(2)(a)

2. Proceeds of Crime Act 2002 (External Requests and Orders)(Amendment) Order 2015 articles 1 and 11

3. Section 447(1) of the Act provides that 'An external request is a request by an overseas authority to prohibit dealing with relevant property which is identified in the request.' Section 447(2) provides that 'An external order is an order which--

(a) is made by an overseas court where property is found or believed to have been obtained as a result of or in connection with criminal conduct, and

(b) is for the recovery of specified property or a specified sum of money.'

4. Unless the context otherwise requires, statutory references are to the law in force on 31 March 2017

5. Section 24 of the UK Borders Act 2007 provides that Chapter 3 of Part 5 POCA (recovery of cash in summary proceedings) applies to an immigration officer as it applies in relation to a constable.

6. The power was extended to the search of vehicles by the commencement of section 9 of the Policing and Crime Act 2009 on 1 June 2015

7. Designated by the Director General of the NCA under section 10(1)(a) of the Crime and Courts Act 2013

8. UK Borders Act 2007 section 24(2)(c)

9. Code of Practice for Constables in Scotland issued under Section 293 of the Proceeds of Crime Act 2002 paragraph 21. The Code of Practice issued under section 292 of the Proceeds of Crime Act 2002 Recovery of Cash: Search Powers, which relates to the exercise of the section 289 powers in Scotland by officers of Revenue and Customs and by immigration officers, also provides at paragraph 54 that reports should be made as soon as possible and always within 14 days.

10. Section 127A of the Act

11. Designated by the Director General of the NCA under section 10(1)(a) of the Crime and Courts Act 2013

12. Lord Advocate's Guidance issued under Section 127R of the Proceeds of Crime Act was published on 24 February 2017


Contact

Email: Alan Nicholson, alan.nicholson@gov.scot

Phone: 0300 244 4000 – Central Enquiry Unit

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
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