Article 103G Exercise of powers without judicial approvalF1

(1)

An appropriate officer must give a written report to the appointed person in any case where—

(a)

the officer seizes property under article 103B without the approval of a lay magistrate; and

(b)

any of the property seized is not detained for more than 48 hours.

(2)

An appropriate officer must also give a written report to the appointed person in any case where—

(a)

the officer exercises any of the powers conferred by articles 103C to 103E without the approval of a lay magistrate; and

(b)

no property is seized under article 103B.

(3)

A report under this article must give particulars of the circumstances which led the officer to believe that—

(a)

the powers were exercisable; and

(b)

it was not practicable to obtain the approval of a justice of the peace.

(4)

The appointed person means a person appointed for the purposes of this article by the Department of Justice.

(5)

The appointed person must not be a person employed under or for the purposes of a government department; and the terms and conditions of appointment, including any remuneration or expenses to be paid, are to be determined by the Department of Justice.

(6)

The period of 48 hours mentioned in paragraph (1)(b) is to be calculated in accordance with paragraph (7).

(7)

In calculating a period of 48 hours in accordance with this paragraph, no account is to be taken of—

(a)

any Saturday or Sunday;

(b)

Christmas Day;

(c)

Good Friday; or

(d)

any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in Northern Ireland.

Annotations

Textual amendments

F1: Pt. 4 Ch. 1A inserted (11.8.2016) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2016 (S.I. 2016/662), arts. 1, 27