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Proceeds of Crime Act 2002
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- UK Public General Acts
- 2002 c. 29
- Part 5
- Chapter 3
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- Section 289
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This section has no associated Explanatory Notes
(1)If a customs officer or constable who is lawfully on any premises has reasonable grounds for suspecting that there is on the premises cash—
(a)which is recoverable property or is intended by any person for use in unlawful conduct, and
(b)the amount of which is not less than the minimum amount,
he may search for the cash there.
(2)If a customs officer or constable has reasonable grounds for suspecting that a person (the suspect) is carrying cash—
(a)which is recoverable property or is intended by any person for use in unlawful conduct, and
(b)the amount of which is not less than the minimum amount,
he may exercise the following powers.
(3)The officer or constable may, so far as he thinks it necessary or expedient, require the suspect—
(a)to permit a search of any article he has with him,
(b)to permit a search of his person.
(4)An officer or constable exercising powers by virtue of subsection (3)(b) may detain the suspect for so long as is necessary for their exercise.
(5)The powers conferred by this section—
(a)are exercisable only so far as reasonably required for the purpose of finding cash,
(b)are exercisable by a customs officer only if he has reasonable grounds for suspecting that the unlawful conduct in question relates to an assigned matter (within the meaning of the Customs and Excise Management Act 1979 (c. 2)).
(6)Cash means—
(a)notes and coins in any currency,
(b)postal orders,
(c)cheques of any kind, including travellers’ cheques,
(d)bankers’ drafts,
(e)bearer bonds and bearer shares,
found at any place in the United Kingdom.
(7)Cash also includes any kind of monetary instrument which is found at any place in the United Kingdom, if the instrument is specified by the Secretary of State by an order made after consultation with the Scottish Ministers.
(8)This section does not require a person to submit to an intimate search or strip search (within the meaning of section 164 of the Customs and Excise Management Act 1979 (c. 2)).
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