Section 290: Prior approval, Proceeds of Crime Act 2002

The powers conferred by section 289 may be exercised only with the appropriate approval unless, in the circumstances, it is not practicable to obtain that approval before exercising the power.

The appropriate approval means the approval of a judicial officer or (if that is not practicable in any case) the approval of a senior officer.

A judicial officer means—

in relation to England and Wales and Northern Ireland, a justice of the peace,

in relation to Scotland, the sheriff.

A senior officer means—

in relation to the exercise of the power by an officer of Revenue and Customs, such an officer of a rank designated by the Commissioners of Customs and Excise as equivalent to that of a senior police officer,

in relation to the exercise of a power by an SFO officer, the Director of the Serious Fraud Office,

in relation to the exercise of a power by a National Crime Agency officer, the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose,

in relation to the exercise of the power by a constable, a senior police officer.

in relation to the exercise of a power by an accredited financial investigator who is—

a member of the civilian staff of a police force in England and Wales (including the metropolitan police force), within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011,

a member of staff of the City of London police force, or

a member of staff of the Police Service of Northern Ireland,

a senior police officer,

in relation to the exercise of the power by an accredited financial investigator who does not fall within any of the preceding paragraphs, an accredited financial investigator who falls within a description specified in an order made for this purpose by the Secretary of State or the Welsh Ministers under section 453.

A senior police officer means a police officer of at least the rank of inspector.

If the powers are exercised without the approval of a judicial officer in a case where—

no cash is seized by virtue of section 294, or

any cash so seized is not detained for more than 48 hours (calculated in accordance with section 295(1B)),

the officer of Revenue and Customs , constable , SFO officer or accredited financial investigator who exercised the powers must give a written report to the appointed person.

But the duty in subsection (6) does not apply if, during the course of exercising the powers conferred by section 289, the relevant officer seizes property by virtue of section 303J , 303Z26 or 303Z29 and the property so seized is detained for more than 48 hours (calculated in accordance with section 303K(5) , 303Z27(3) or (as the case may be) 303Z31(3)).

The report must give particulars of the circumstances which led him to believe that—

the powers were exercisable, and

it was not practicable to obtain the approval of a judicial officer.

In this section and section 291, the appointed person means—

in relation to England and Wales ..., a person appointed by the Secretary of State,

in relation to Scotland, a person appointed by the Scottish Ministers.

in relation to Northern Ireland, a person appointed by the Department of Justice.

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

Section 290: Prior approval

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