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Listen
The Scottish Government
Police and Community Safety Directorate
Police: Organised Crime and Support Services Division
F: 0131-244
E: cashsearchescodeofpractice@scotland.gsi.gov.uk
25 August 2008
Dear Colleagues,
SECTION 293 PROCEEDS OF CRIME ACT 2002 ( POCA): REVISED DRAFT CODE OF PRACTICE FOR SEARCHES CONDUCTED UNDER SECTION 289 OF POCA
- Section 293 of the Proceeds of Crime Act requires Scottish Ministers to make a code of practice in connection with the exercise by constables of the powers conferred by virtue of section 289 in relation to Scotland. Section 289 allows constables who are lawfully on a premise and who have reasonable grounds for suspicion to search for cash which is recoverable property or is intended by any person for use in unlawful conduct and not less than the minimum amount.
- The current code, which was approved by the Scottish Parliament and published in December 2002 requires updating to take account of provisions made in the Serious Crime Act 2007, which will allow the use of Production Orders in Detained Cash Investigations and accompanying search and seizure powers. It also required some updating following other legislative changes such as the reduced minimum threshold amount (£1000).
- Before the Code of Practice can be brought into force Scottish Ministers are required to publish a draft and consider any representations made to them about it and if they think appropriate modify the code in light of any such representations. The draft Code will then be laid before the Scottish Parliament and brought into force by order once approved.
- The Scottish Government has taken the opportunity of the requirement to review the Code to carry out a more fundamental review of the Code with the aim of providing a more useful and easily understood aid to those involved in the use of it or subject to it.
- We hope that the revised code, which was developed in partnership with colleagues from Crown Office and the police service is self explanatory and easier to understand.
- We would welcome any views you have on the draft code by 3 October 2008. We would particularly welcome comments on any section of the Code that you consider to be ambiguous or where you think there is relevant information not provided. The code is available on the Scottish Government website at http://www.scotland.gov.uk/Publications/2008/08/21130344
- Any responses should be sent to cashsearchescodeofpractice@scotland.gsi.gov.uk
ORGANISED CRIME UNIT
SCOTTISH GOVERNMENT
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