The Proceeds of Crime Act 2002 provides powers for police and customs officers to seize and then apply for the forfeiture of cash, which is or represents property obtained through unlawful conduct, or which is intended to be used in unlawful conduct.
To support the power to seize cash, there is a power of search. This is a power to search private premises where a police or customs officer has lawful authority to be present, and a power to search a person. Search powers should normally only be exercised where prior judicial authority has been obtained. In all cases where judicial approval is not obtained prior to a search of either private premises or a person and cash is not seized or cash is seized but is not detained for more than 48 hours, then the police or customs officer concerned must prepare a written report and submit it to an independent person referred to in the statute as ‘the appointed person’.
The appointed person must prepare a report each year giving his opinion as to circumstances and manner in which the powers of search are being exercised in cases where he has received a report and making any recommendations he considers appropriate.
Date: Tue Jul 19 11:29:40 BST 2011