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Code of Practice on the Exercise by Constables in Scotland of Search Powers Conferred by Sections 289 and 303C of the Proceeds of Crime Act

Code of Practice on the Exercise by Constables in Scotland of Search Powers Conferred by Sections 289 and 303C of the Proceeds of Crime Act

Thursday, February 1, 2018

ISBN: 9781788515849

A Code of Practice for constables in Scotland on the exercise of powers to search for cash and listed assets under sections 289 and 303C of the Proceeds of Crime Act 2002.

Executive Summary

The code of Practice is intended to ensure that the responsibilities of constables undertaking searches for cash under section 289, and for listed assets under section 303C of the Proceeds of Crime Act 2002, are clearly set out and accessible.

It explains the scope of the search powers and emphasises the need to have reasonable grounds for suspicion to conduct a search. It also sets out: (a) the process for obtaining prior approval for a search and for submitting a report to the “Appointed Person” where it was not practicable to obtain judicial approval before conducting a search; (b) the steps a constable must take prior to, and during, a search of individuals, premises and vehicles, and (c) the information to be recorded in relation to any search that has taken place.