(This note is not part of the Order)
This Order is made in exercise of the powers conferred by section 293(4) of the Proceeds of Crime Act 2002 (“the Act”). The Order brings into operation a revised version of the code of practice which is required by section 293(1) of the Act for cash searches conducted by constables in relation to Scotland under section 289 of the Act. The revised code of practice replaces the code brought into force on 30th December 2002 entitled “Code of Practice for Constables in Scotland under the Proceeds of Crime Act 2002” and this Order revokes the Proceeds of Crime Act 2002 (Cash Searches: Constables in Scotland: Code of Practice) Order 2002 that brought that code of practice into operation.
Section 289 allows constables to search for cash, which is recoverable property or is intended by any person for use in unlawful conduct. Section 289 only confers a search power where certain conditions are met. There are limits on the extent to which the powers under section 289 are exercisable.