Page 768 - IOM Law Society Rules Book

390 Proceeds of Crime Act 2008 c.13

(a) the Attorney General;

(b) constables; and

(c) customs officers.

(2) A draft of the code must be published by the Department
of Home Affairs in such manner as it considers appropriate.

(3) The Department of Home Affairs must —

(a) consider any representations made about the draft; and

(b) amend the draft accordingly.

(4) The code may then be brought into operation by order
made by the Department of Home Affairs.

(5) A person or body specified in subsection (1)(a) to (c)
must comply with a code of practice which is in operation under
this section in the exercise of any function that person has under
this Chapter.

(6) A person or body who fails to comply with any
provision of such a code of practice is not by reason only of that
failure liable in any criminal or civil proceedings.

(7) But the code of practice is admissible in evidence in
such proceedings and a court may take account of any failure to
comply with its provisions in determining any question in the
proceedings.

(8) Section 76(5) of the Police Powers and Procedures Act
[c.9] 1998 (application of codes of practice under that Act to persons
other than police officers) does not apply to an appropriate officer
in the exercise of any function under this Chapter.

Interpretation

“Appropriate 195. (1) In relation to a civil recovery investigation, an
officers” appropriate officer is the Attorney General or a person authorised
P2002/29/378 in writing as such by the Attorney General.

(2) In relation to a confiscation investigation, a detained
cash investigation and a money laundering investigation, an
appropriate officer is —

(a) a constable;

(b) a customs officer.