Part 5Civil recovery of the proceeds etc. of unlawful conduct
C1Chapter 3Recovery of cash in summary proceedings
Searches
289 Searches
1
If F9an officer of Revenue and Customs or constable who F1, a constable or an accredited financial investigator is lawfully on any premises F2 and 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 F10an officer of Revenue and CustomsF3, a constable or an accredited financial investigator 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 F4, constable or accredited financial investigator 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 F5 , constable or accredited financial investigator 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)).
F11ba
are exercisable by an officer of Revenue and Customs only so far as the officer is exercising a function relating to a matter other than an excluded matter,
F6c
are exercisable by an accredited financial investigator only in relation to premises or (as the case may be) suspects in England, Wales or Northern Ireland.
F85A
The reference in subsection (5)(ba) to an excluded matter is to a matter specified in section 54(4)(b) of, or in any of paragraphs 3, 5, 7, 10, 12 and 14 to 30 of Schedule 1 to, the Commissioners for Revenue and Customs Act 2005.
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 F7or, in relation to Northern Ireland, is specified by the Department of Justice by an order.
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)).
Pt. 5 Ch. 3 applied (1.4.2010) by UK Borders Act 2007 (c. 30), ss. 24(1), 59(2); S.I. 2010/606, art. 2