Section 303E: Prior approval, Proceeds of Crime Act 2002

The powers conferred by section 303C 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 a power by an officer of Revenue and Customs, such an officer of a rank designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that of a senior police officer;

in relation to the exercise of a power by a constable, 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 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 a 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 property is seized by virtue of section 303J, or

any property so seized is not detained for more than 48 hours (calculated in accordance with section 303K(5)),

the relevant officer who exercised the power 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 303C, the relevant officer seizes cash by virtue of section 294 or property by virtue of section 303Z26 or 303Z29 and the cash or property so seized is detained for more than 48 hours (calculated in accordance with section 295(1B) , 303Z27(3) or (as the case may be) 303Z31(3)).

A report under subsection (6) must give particulars of the circumstances which led the relevant officer 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 303F, 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 the person's appointment, including any remuneration or expenses to be paid to the person, are to be determined by the person making the appointment.

Section 303E: Prior approval

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