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Section 195H: Exercise of powers without judicial approval

Proceeds of Crime Act 2002 · 2002 c. 29View on legislation.gov.uk

Part 4: Confiscation: Northern Ireland

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

the officer seizes property under section 195C without the approval of a lay magistrate, and
any of the property seized is not detained for more than 48 hours.

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

the officer exercises any of the powers conferred by sections 195D, 195E and 195F without the approval of a lay magistrate, and
no property is seized under section 195C.

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

the powers were exercisable, and
it was not practicable to obtain the approval of a lay magistrate.

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

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 .

"Government department" includes a Northern Ireland department.

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

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

any Saturday or Sunday,
Christmas Day,
Good Friday, or
any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in Northern Ireland.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.