Proceeds of Crime Act 2002

[F1 303Z21 Searches U.K.

(1) If an enforcement officer—

(a) is lawfully on any premises, and

(b) has reasonable grounds for suspecting that there is on the premises a cryptoasset-related item,

the enforcement officer may search for the cryptoasset-related item there.

(2) For the purposes of this Chapter, a “cryptoasset-related item” is an item of property that is, or that contains or gives access to information that is, likely to assist in the seizure under this Part of cryptoassets that—

(a) are recoverable property, or

(b) are intended by any person for use in unlawful conduct.

(3) The powers conferred by subsection (6) are exercisable by an enforcement officer if—

(a) the enforcement officer has reasonable grounds for suspecting that there is a cryptoasset-related item 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 (4).

(4) The places referred to in subsection (3)(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.

(5) But if the vehicle is in a garden or yard or other land occupied with and used for the purposes of a dwelling, the enforcement officer may exercise the powers conferred by subsection (6) only if the enforcement 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.

(6) 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.

(7) If an enforcement officer has reasonable grounds for suspecting that a person (the suspect) is carrying a cryptoasset-related item, the enforcement officer may require the suspect—

(a) to permit a search of any article the suspect has with them;

(b) to permit a search of the suspect’s person.

(8) The powers conferred by subsections (6) and (7) are exercisable only so far as the enforcement officer thinks it necessary or expedient.

(9) An enforcement officer may—

(a) in exercising powers conferred by subsection (6), detain the vehicle for so long as is necessary for their exercise;

(b) in exercising powers conferred by subsection (7)(b), detain the suspect for so long as is necessary for their exercise.

(10) The powers conferred by this section are exercisable by an SFO officer or an accredited financial investigator only in relation to the following—

(a) premises in England, Wales or Northern Ireland (in the case of subsection (1));

(b) vehicles and suspects in England, Wales or Northern Ireland (in the case of subsection (6));

(c) suspects in England, Wales or Northern Ireland (in the case of subsection (7)).]

Textual Amendments

F1 Pt. 5 Chs. 3C-3F inserted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 for E.W.N.I. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b)(c), Sch. 9 para. 1; S.I. 2024/269, reg. 4(b)(i)(ii)