Part 4Confiscation: Northern Ireland

F1Code of practice about search and seizure and detention of property: Secretary of State

195SCodes of practice F2: Secretary of State

(1)

The Secretary of State must make a code of practice in connection with—

(a)

the carrying out by F3officers of Revenue and Customs F4, immigration officers and SFO officers of the functions conferred by section 195C to 195H,

(b)

the carrying out by senior officers of their functions under section 195G, and

F5(c)

the detention of property F6by officers of Revenue and Customs F7, immigration officers F5, SFO officers and members of staff of SOCA by officers of Revenue and Customs and F8NCA officers under or by virtue of sections 190A, 193A and 195J to 195P.

F9(1A)

In subsection (1) senior officers means—

(a)

officers of Revenue and Customs of a rank designated by the Commissioners for Her Majesty’s Revenue and Customs as equivalent to that of a senior police officer,

(b)

immigration officers of a rank designated by the Secretary of State as equivalent to that of a senior police officer.

F10(c)

the Director of the Serious Fraud Office.

(1B)

A senior police officer means a police officer of at least the rank of inspector.

(2)

Where the Secretary of State proposes to issue a code of practice the Secretary of State must—

(a)

publish a draft,

(b)

consider any representations made about the draft,

(c)

if the Secretary of State thinks appropriate, modify the draft in the light of any such representations.

F11(2A)

The Secretary of State must also consult the Attorney General about the draft in its application to the exercise of powers by SFO officers and the Director of the Serious Fraud Office.

(3)

The Secretary of State must lay a draft of the code before Parliament.

(4)

When the Secretary of State has laid a draft of the code before Parliament the Secretary of State may bring it into operation by order.

(5)

The Secretary of State may revise the whole or any part of the code and issue the code as revised; and subsections (2) to (4) apply to such a revised code as they apply to the original code.

(6)

A failure by a person to comply with a provision of the code does not of itself make the person liable to criminal or civil proceedings.

(7)

The code is admissible in evidence in criminal or civil proceedings and is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.