Page 637 - IOM Law Society Rules Book

c.13 Proceeds of Crime Act 2008 259

(a) in relation to the exercise of the power by a constable,
a police officer of at least the rank of inspector;

(b) in relation to the exercise of the power by a customs
officer, a customs officer who is not below such grade
as is designated by the Collector of Customs and Excise
as equivalent to the rank of chief inspector.

(4) If the powers are exercised without the approval of the
High Bailiff or a justice of the peace in a case where —

(a) no cash is seized under section 46; or

(b) any cash so seized is not detained for more than 48
hours,

the constable or customs officer who exercised the powers must
give a written report to the Chief Constable or, as the case may
be, the Collector.

(5) The report must give particulars of the circumstances
which led the constable or customs officer to believe that —

(a) the powers were exercisable; and

(b) it was not practicable to obtain the approval of the High
Bailiff or a justice of the peace.

45. (1) The Department of Home Affairs must make a code of Searches: code
practice in connection with the exercise of the powers conferred of practice
by section 43 and bring it into operation by order. P2002/29/292

(2) It may revise the whole or any part of a code issued by
it and issue the code as revised.

(3) A failure by a customs officer or constable to comply
with a provision of the code does not of itself make that officer or
constable liable to criminal or civil proceedings.

(4) The code is admissible in evidence in criminal or civil
proceedings and is to be taken into account by a court or tribunal
in any case in which it appears to the court or tribunal to be
relevant.

Seizure and detention

46. (1) A customs officer or constable may seize any cash if Seizure of cash
the officer or constable has reasonable grounds for suspecting that
it is — P2002/29/294