Page 635 - IOM Law Society Rules Book

c.13 Proceeds of Crime Act 2008 257

that the property belongs to that person, or the court
making a declaration in that person’s favour under that
section.

(6) If the court makes such a declaration, that
person’s title to the chattel is to be treated as not having
been extinguished by section 3(2) of this Act.

(7) Expressions used in this section and Part 1 of
the Proceeds of Crime Act 2008 have the same meaning
in this section as in that Part.”.

Chapter 3

Recovery of cash in summary proceedings

Searches

43. (1) If a customs officer or constable who is lawfully on Searches
any premises has reasonable grounds for suspecting that there is
on the premises cash — P2002/29/289

(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,

the customs officer or constable may search for the cash there.

(2) If a customs officer or constable 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,

the customs officer or constable may exercise the following
powers.

(3) The officer or constable may, so far as the constable or
officer thinks it necessary or expedient, require the suspect —

(a) to permit a search of any article the suspect has with
him or her;

(b) to permit a search of the suspect’s person.