Proceeds of Crime Act 2002 search powers: revised code of practice consultation

Footnotes

1. Sections 303B to 303Z were inserted into POCA by section 15 of the Criminal Finances Act 2017.

2. Section 303Z25 was inserted into POCA by Part 1 of Schedule 9 of the Economic Crime and Corporate Transparency Act 2023.

3. This Code also applies by virtue of Section 303H of POCA to the powers conferred by Article 213C (Searches) of the Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests)(Amendment) Order 2018 (SI 2018/1078) as it applies to the powers conferred by section 303C of POCA.

4. Entitled “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 2002” and brought into operation on 16 April 2018 by S.S.I. 2018/114.

5. See sections 293(6) and (7) and 303H(6) and (7) of POCA.

6. The Code of Practice will be published on the Scottish Government’s website at www.gov.scot.

7. As set out in section 10 of the Police and Fire Reform (Scotland) Act 2012.

8. See section 303 of POCA and the Proceeds of Crime Act 2002 (Recovery of Cash in Summary Proceedings: Minimum Amount) Order 2006 (S.I. 2006/1699). A copy of the Order is available here.

9. See section 289(6) to (7B) of POCA (as amended/inserted by section 14 of the Criminal Finances Act 2017).

10. See section 303Y(1) of POCA (as inserted by section 15 of the Criminal Finances Act 2017).

11. See section 303B(1) and (4) of POCA (as inserted by section 15 of the Criminal Finances Act 2017).

12. See section 303Z21 of POCA as inserted by Part 1 of Schedule 9 to the Economic Crime and Corporate Transparency Act 2023

13. See section 289(4)(b) of POCA (as amended by paragraph 2(4) of Schedule 11 to the Serious Crime Act 2007, section 63(3) of the Policing and Crime Act 2009 and paragraph 11(8) of Schedule 1 to the Criminal Finances Act 2017), section 303C(8)(b) of POCA (as inserted by section 15 of the Criminal Finances Act 2017) and section 303Z21(9) of POCA (as inserted by Part 1 of Schedule 8 to the Economic Crime and Corporate Transparency Act 2023.

14. Section 290(1) of POCA and section 303E(1) of POCA (as inserted by section 15 of the Criminal Finances Act 2017).

15. As amended by section 100(3) of the Serious Organised Crime and Police Act 2005, paragraph 3(3) of Schedule 11 to the Serious Crime Act 2007 and paragraph 3(b) of Schedule 48 to the Finance Act 2013.

16. As inserted by section 15 of the Criminal Finances Act 2017.

17. As inserted by Part 1 of Schedule 7 of the Economic Crime and Corporate Transparency Act 2023.

18. Detention of cash for more than 48 hours requires authorisation by a sheriff: see section 295(2) of POCA (as amended by section 64(1) of the Policing and Crime Act 2009).

19. Detention of listed assets for more than 48 hours requires authorisation by a sheriff: see section 303L(1) of POCA (as inserted by section 15 of the Criminal Finances Act 2017).

20. Detention of cryptoasset-related items for more than 48 hours requires authorisation by a sheriff: see section 303Z28(1)(b) of POCA (as inserted by Part 1 of Schedule 9 of the Economic Crime and Corporate Transparency Act 2023).

21. As amended by paragraph 2(4) of Schedule 11 to the Serious Crime Act 2007 and paragraph 11(7) of Schedule 1 to the Criminal Finances Act 2017.

22. As inserted by section 15 of the Criminal Finances Act 2017.

23. As inserted by Part 1 of Schedule 9 to the Economic Crime and Corporate Transparency Act 2023

24. See section 289(4)(b) of POCA (as amended by paragraph 2(4) of Schedule 11 to the Serious Crime Act 2007, section 63(3) of the Policing and Crime Act 2009 and paragraph 11(8) of Schedule 1 to the Criminal Finances Act 2017), section 303C(8)(b) of POCA (as inserted by section 15 of the Criminal Finances Act 2017) and section 303Z21(9)(b) of POCA (as inserted by Part 1 of Schedule 9 to the Economic Crime and Corporate Transparency Act 2023). .

25. Within the meaning of section 164 of the Customs and Excise Management Act 1979: see section 289(8) of POCA and section 303D(2) of POCA (as inserted by section 15 of the Criminal Finances Act 2017).

26. As amended by paragraph 2(2) of Schedule 11 to the Serious Crime Act 2007, paragraph 2(2) of Schedule 48 to the Finance Act 2013 and paragraph 11(2) of Schedule 1 to the Criminal Finances Act 2017.

27. As inserted by section 15 of the Criminal Finances Act 2017.

28. As inserted by Part 1 of Schedule 9 to the Economic Crime and Corporate Transparency Act 2023

29. See section 316(1) of POCA; section 23 of the Police and Criminal Evidence Act 1984 defines “premises”.

30. This should include consideration of any proxy decision makers with legal authority to make relevant decisions on the person's behalf.

31. As inserted by section 63(2) of the Policing and Crime Act 2009 and amended by paragraph 2(3) of Schedule 48 to the Finance Act 2013 and paragraph 11(5) of Schedule 1 to the Criminal Finances Act 2017.

32. As inserted by section 15 of the Criminal Finances Act 2017.

33. As inserted by Part 1 of Schedule 9 to the Economic Crime and Corporate Transparency Act 2023.

34. See section 289(4)(a) of POCA (as amended by paragraph 2(4) of Schedule 11 to the Serious Crime Act 2007, section 63(3) of the Policing and Crime Act 2009 and paragraph 11(8) of Schedule 1 to the Criminal Finances Act 2017), section 303C(8)(a) of POCA (as inserted by section 15 of the Criminal Finances Act 2017), and section 303Z21(9) of POCA (as inserted by Part 1 of Schedule 9 to the Economic Crime and Corporate Transparency Act 2023).