Part 5Civil recovery of the proceeds etc. of unlawful conduct
C1F1CHAPTER 3ARecovery of listed assets in summary proceedings
Pt. 5 Ch. 3A applied by 2007 c. 30, s. 24(1) (as substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 21(3), 58(1)(6); S.I. 2018/78, reg. 3(f))
Searches
303CSearches
1
If a relevant officer is lawfully on any premises and has reasonable grounds for suspecting that there is on the premises a seizable listed asset, the relevant officer may search for the listed asset there.
2
The powers conferred by subsection (5) are exercisable by a relevant officer if—
a
the relevant officer has reasonable grounds for suspecting that there is a seizable listed asset in a vehicle,
b
it appears to the officer that the vehicle is under the control of a person (the suspect) who is in or in the vicinity of the vehicle, and
c
the vehicle is in a place falling within subsection (3).
3
The places referred to in subsection (2)(c) are—
a
a place to which, at the time of the proposed exercise of the powers, the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, and
b
any other place to which at that time people have ready access but which is not a dwelling.
4
But if the vehicle is in a garden or yard or other land occupied with and used for the purposes of a dwelling, the relevant officer may exercise the powers conferred by subsection (5) only if the relevant officer has reasonable grounds for believing—
a
that the suspect does not reside in the dwelling, and
b
that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling.
5
The powers conferred by this subsection are—
a
power to require the suspect to permit entry to the vehicle;
b
power to require the suspect to permit a search of the vehicle.
6
If a relevant officer has reasonable grounds for suspecting that a person (the suspect) is carrying a seizable listed asset, the relevant officer may require the suspect—
a
to permit a search of any article the suspect has with him or her;
b
to permit a search of the suspect's person.
7
The powers conferred by subsections (5) and (6) are exercisable only so far as the relevant officer thinks it necessary or expedient.
8
A relevant officer may—
a
in exercising powers conferred by subsection (5), detain the vehicle for so long as is necessary for their exercise;
b
in exercising powers conferred by subsection (6)(b), detain the suspect for so long as is necessary for their exercise.
9
In this Chapter, a “relevant officer” means—
a
an officer of Revenue and Customs,
b
a constable,
c
an SFO officer, or
10
For the purposes of this section a listed asset is a seizable listed asset if—
a
all or part of it is recoverable property or is intended by any person for use in unlawful conduct, and
b
the value of the asset, or the part of it that falls within paragraph (a), is not less than the minimum value.
11
Where a power conferred by this section is being exercised in respect of more than one seizable listed asset, this section is to apply as if the value of each asset or (as the case may be) part of an asset was equal to the aggregate value of all of those assets or parts.
Pt. 5 Ch. 3A inserted (27.4.2017 for specified purposes, 31.10.2017 for the insertion of ss. 303G, 303H for E.W.S. so far as not already in force, 30.1.2018 for the insertion of s. 303E(4) for E.W.S. so far as not already in force, 16.4.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 15, 58(1)(6); S.I. 2017/991, reg. 2(d); S.I. 2018/78, regs. 2(a), 4(b)