Section 115Part 2 — The Financial Reporting Authority
Detention of seized cash
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While the customs officer or constable continues to have reasonable grounds for that person’s suspicion, cash seized under section 114 may be detained initially for a period of 48 hours which shall not include any Saturday or any excluded day.
The period for which the cash or any part of it may be detained may be extended by an order made by a summary court but the order may not authorise the detention of any of the cash —
beyond the end of the period of three months beginning with the date of the order; and
in the case of any further order under this section, beyond the end of the per iod of two years beginning with the date of the first order.
An application for an order under subsection (2) may be made by the Director of Customs and Border Control or by a constable and the summary court may make the order if satisfied, in relation to any cash to be further detained, that —
there are reasonable grounds for suspecting that the cash is recoverable property and that either —
its continued detention is justified while its derivation is further investigated or consideration is gi ven to bringing (in the Islands or elsewhere) proceedings against any person for an offence with which the cash is connected; or
proceedings against any person for an offence with which the cash is connected have been started and have not been conclud ed; or
there are reasonable grounds for suspecting that the cash is intended to be used in criminal conduct and that either —
its continued detention is justified while its intended use is further investigated or consideration is given to bringing (in the Islands or elsewhere) proceedings against any person for an offence with which the cash is connected; or
proceedings against any person for an offence with which the cash is connected have been started and have not been concluded, and the summ ary court may order that cash to be detained where the Director of Public Prosecutions has applied to the court for the cash to be detained while consideration is being given to the institution of proceedings for civil recovery under section 118 .
An application for an order under subsection (2) may also be made in respect of any cash seized under section 114 (2), and the summary court m ay make the order if satisfied that —
the condition in subsection (3) (a) or
is met in respect of part of the cash; and ( b ) it is not reasonably practicable to detain only that part.
An order under subsection (2) shall provide for notice to be g iven to persons affected by it.