Section 289 SearchesC1

United Kingdom

(1)

If F1an officer of Revenue and Customs or constable F2, an SFO officer who F3, a constable or an accredited financial investigator is lawfully on any premises F4 and has reasonable grounds for suspecting that there is on the premises cash—

(a)

which is recoverable property or is intended by any person for use in unlawful conduct, and

(b)

the amount of which is not less than the minimum amount,

he may search for the cash there.

F5(1A)

The powers specified in subsection (1D) are exercisable if—

(a)

F6an officer of Revenue and Customs, a constable F7, an SFO officer or an accredited financial investigator has reasonable grounds for suspecting that there is cash falling within subsection (1E) in a vehicle, and

(b)

it appears to the officer F8of Revenue and Customs, constable F9, SFO officer or investigator that the vehicle is under the control of a person (the suspect) who is in or in the vicinity of the vehicle.

(1B)

The powers are exercisable only if the vehicle is—

(a)

in any 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, or

(b)

in any other place to which at that time people have ready access but which is not a dwelling.

(1C)

But if the vehicle is in a garden or yard or other land occupied with and used for the purposes of a dwelling, the F10officer of Revenue and Customs, constable F11, SFO officer F12of Revenue and Customs or accredited financial investigator may exercise the powers under subsection (1D) only if the officer, constable , SFO officer or investigator 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.

(1D)

The officer of Revenue and Customs, constable F13, SFO officer F14of Revenue and Customs or accredited financial investigator may, so far as the officer, constable , SFO officer or investigator thinks it necessary or expedient, require the suspect to—

(a)

permit entry to the vehicle,

(b)

permit a search of the vehicle.

(1E)

Cash falls within this subsection if—

(a)

it is recoverable property or is intended by any person for use in unlawful conduct, and

(b)

the amount of it is not less than the minimum amount.

(2)

If F15an officer of Revenue and Customs F16, a constable F17, an SFO officer or an accredited financial investigator has reasonable grounds for suspecting that a person (the suspect) is carrying cash—

(a)

which is recoverable property or is intended by any person for use in unlawful conduct, and

(b)

the amount of which is not less than the minimum amount,

he may exercise the following powers.

(3)

The officer F18, constable F19, SFO officer or accredited financial investigator may, so far as he thinks it necessary or expedient, require the suspect—

(a)

to permit a search of any article he has with him,

(b)

to permit a search of his person.

(4)

An officer F20, constable F21, SFO officer or accredited financial investigator F22may—

(a)

in exercising powers by virtue of subsection (1D), detain the vehicle for so long as is necessary for their exercise,

(b)

in exercising powers by virtue of subsection (3)(b), detain the suspect for so long as is necessary for their exercise.

(5)

The powers conferred by this section—

(a)

are exercisable only so far as reasonably required for the purpose of finding cash,

(b)

are exercisable by F23an officer of Revenue and Customs only if he has reasonable grounds for suspecting that the unlawful conduct in question relates to an assigned matter (within the meaning of the Customs and Excise Management Act 1979 (c. 2)).

F24(ba)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

are exercisable by an F25SFO officer or accredited financial investigator only in relation to F26the following—

(i)

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

(ii)

vehicles and suspects in England, Wales or Northern Ireland (in the case of subsections (1D) and (4)(a)),

(iii)

suspects in England, Wales or Northern Ireland (in the case of subsections (2), (3) and (4)(b)).

F27(5A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

Cash means—

(a)

notes and coins in any currency,

(b)

postal orders,

(c)

cheques of any kind, including travellers’ cheques,

(d)

bankers’ drafts,

(e)

bearer bonds and bearer shares,

F28(f)

gaming vouchers,

(g)

fixed-value casino tokens,

(h)

betting receipts

found at any place in the United Kingdom.

(7)

Cash also includes any kind of monetary instrument which is found at any place in the United Kingdom, if the instrument is specified by the Secretary of State by an order made after consultation with the Scottish Ministers F29or, in relation to Northern Ireland, is specified by the Department of Justice by an order.

F30(7A)

For the purposes of subsection (6)—

(a)

“gaming voucher” means a voucher in physical form issued by a gaming machine that represents a right to be paid the amount stated on it;

(b)

“fixed-value casino token” means a casino token that represents a right to be paid the amount stated on it;

(c)

“betting receipt” means a receipt in physical form that represents a right to be paid an amount in respect of a bet placed with a person holding a betting licence.

(7B)

In subsection (7A)—

“bet”—
1. (a)
  in relation to England and Wales and Scotland, has the same meaning as in section 9(1) of the Gambling Act 2005;
2. (b)
  in relation to Northern Ireland, has the same meaning as in the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (S.I. 1985/1204 (N.I. 11)) (see Article 2 of that Order);
“betting licence”—
1. (a)
  in relation to England and Wales and Scotland, means a general betting operating licence issued under Part 5 of the Gambling Act 2005;
2. (b)
  in relation to Northern Ireland, means a bookmaker's licence as defined in Article 2 of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985;
“gaming machine”—
1. (a)
  in relation to England and Wales and Scotland, has the same meaning as in the Gambling Act 2005 (see section 235 of that Act);
2. (b)
  in relation to Northern Ireland, has the same meaning as in the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (see Article 2 of that Order).

(7C)

In the application of subsection (7A) to Northern Ireland references to a right to be paid an amount are to be read as references to the right that would exist but for Article 170 of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (gaming and wagering contracts void).

(8)

This section does not require a person to submit to an intimate search or strip search (within the meaning of section 164 of the Customs and Excise Management Act 1979 (c. 2)).

Annotations

Textual amendments

F1: Words in s. 289(1) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 2(2)
F2: Words in s. 289(1) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 1 para. 11(2); S.I. 2018/78, reg. 3(aa); S.I. 2021/724, reg. 3(b)
F3: Words in s. 289(1) substituted (6.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 11 para. 2(2)(a); S.I. 2008/755, art. 17(1)(f)
F4: Word in s. 289(1) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 11 para. 2(2)(b); S.I. 2008/755, art. 17(1)(f)
F5: S. 289(1A)-(1E) inserted (1.6.2015 for E.W.S., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 63(2), 116(1); S.I. 2015/983, art. 2(2)(b); S.I. 2016/147, art. 3(d)
F6: Words in s. 289(1A)(a) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 2(2)
F7: Words in s. 289(1A)(a) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 1 para. 11(3)(a); S.I. 2018/78, reg. 3(aa); S.I. 2021/724, reg. 3(b)
F8: Words in s. 289(1A)(b) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 1 para. 11(3)(b)(i); S.I. 2018/78, reg. 3(aa); S.I. 2021/724, reg. 3(b)
F9: Words in s. 289(1A)(b) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 1 para. 11(3)(b)(ii); S.I. 2018/78, reg. 3(aa); S.I. 2021/724, reg. 3(b)
F10: Words in s. 289(1C)(1D) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 2(3)
F11: Words in s. 289(1C) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 1 para. 11(4)(a); S.I. 2018/78, reg. 3(aa); S.I. 2021/724, reg. 3(b)
F12: Words in s. 289(1C) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 1 para. 11(4)(b); S.I. 2018/78, reg. 3(aa); S.I. 2021/724, reg. 3(b)
F13: Words in s. 289(1D) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 1 para. 11(5)(a); S.I. 2018/78, reg. 3(aa); S.I. 2021/724, reg. 3(b)
F14: Words in s. 289(1D) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 1 para. 11(5)(b); S.I. 2018/78, reg. 3(aa); S.I. 2021/724, reg. 3(b)
F15: Words in s. 289(2) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 2(2)
F16: Words in s. 289(2) substituted (6.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 11 para. 2(3); S.I. 2008/755, art. 17(1)(f)
F17: Words in s. 289(2) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 1 para. 11(6); S.I. 2018/78, reg. 3(aa); S.I. 2021/724, reg. 3(b)
F18: Words in s. 289(3) substituted (6.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 11 para. 2(4); S.I. 2008/755, art. 17(1)(f)
F19: Words in s. 289(3) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 1 para. 11(7); S.I. 2018/78, reg. 3(aa); S.I. 2021/724, reg. 3(b)
F20: Words in s. 289(4) substituted (6.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 11 para. 2(4); S.I. 2008/755, art. 17(1)(f)
F21: Words in s. 289(4) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 1 para. 11(8); S.I. 2018/78, reg. 3(aa); S.I. 2021/724, reg. 3(b)
F22: Words in s. 289(4) substituted (1.6.2015 for E.W.S., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 63(3), 116(1); S.I. 2015/983, art. 2(2)(b); S.I. 2016/147, art. 3(d)
F23: Words in s. 289(5)(b) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 31; S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(g)
F24: S. 289(5)(ba) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Criminal Finances Act 2017 (c. 22), ss. 18(4)(a), 58(4)(6)
F25: Words in s. 289(5)(c) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 1 para. 11(9); S.I. 2018/78, reg. 3(aa); S.I. 2021/724, reg. 3(b)
F26: Words in s. 289(5)(c) substituted (1.6.2015 for E.W.S. for specified purposes, 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 63(4), 116(1); S.I. 2015/983, art. 2(2)(b); S.I. 2016/147, art. 3(d)
F27: S. 289(5A) omitted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by virtue of Criminal Finances Act 2017 (c. 22), ss. 18(4)(a), 58(4)(6)
F28: S. 289(6)(f)-(h) inserted (27.4.2017 for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 14(1), 58(1)(6); S.I. 2018/78, reg. 4(a); S.I. 2021/724, reg. 2(1)(e)
F29: Words in s. 289(7) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 57 (with arts. 28-31)
F30: S. 289(7A)-(7C) inserted (27.4.2017 for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 14(2), 58(1)(6); S.I. 2018/78, reg. 4(a); S.I. 2021/724, reg. 2(1)(e)

Modifications

C1: Pt. 5 Ch. 3 applied (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by 2007 c. 30, s. 24(1) (as substituted by Criminal Finances Act 2017 (c. 22), ss. 21(3), 58(1)(6); S.I. 2018/78, reg. 3(f); S.I. 2021/724, reg. 2(1)(i))

Notes on Chapter 3

Modifications

C1: Pt. 5 Ch. 3 applied (1.4.2010) by UK Borders Act 2007 (c. 30), ss. 24(1), 59(2); S.I. 2010/606, art. 2
C2: Pt. 5 Ch. 3 modified (E.W.) (1.4.2018) by The Proceeds of Crime Act 2002 (References to Welsh Revenue Authority Financial Investigators) Order 2018 (S.I. 2018/196), arts. 1(2), 3, Sch. para. 3 (as amended (20.7.2018) by The Proceeds of Crime Act 2002 (References to Welsh Revenue Authority Financial Investigators) (Amendment) Order 2018 (S.I. 2018/767), arts. 1(2), 2(2)(a))