Proceeds of Crime Act 2002, section 47G

“Appropriate approval”

Part 2 Confiscation: England and Wales

(1)This section has effect for the purposes of sections 47C, 47D, 47E and 47F.

(2)The appropriate approval, in relation to the exercise of a power by an appropriate officer, means the approval of a justice of the peace or (if that is not practicable in any case) the approval of a senior officer.

(3)A senior officer means—

(a)in relation to the exercise of a power by an officer of Revenue and Customs, an officer of Revenue and Customs of a rank designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that of a senior police officer,

[F239 (aa)in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,F239]

[F240 (ab)in relation to the exercise of a power by a National Crime Agency officer, the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose,F240]

[F241 (ac)in relation to the exercise of a power by an SFO officer, the Director of the Serious Fraud Office,F241]

(b)in relation to the exercise of a power by a constable, a senior police officer,

[F242 (ba)in relation to the exercise of a power by an accredited financial investigator who is—

(i)a member of the civilian staff of a police force in England and Wales (including the metropolitan police force), within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011, or

(ii)a member of staff of the City of London police force,

a senior police officer,F242]

(c)in relation to the exercise of a power by an accredited financial investigator [F243 who does not fall within any of the preceding paragraphsF243] , an accredited financial investigator who falls within a description specified in an order made for this purpose by the Secretary of State [F244 or the Welsh MinistersF244] under section 453.

(4)A senior police officer means a police officer of at least the rank of inspector.

Definitions used in section 47G 2

appropriate officer

In sections 127B to 127R “appropriate officer” means—

(a)an officer of Revenue and Customs, or

(aa)an immigration officer, or

(b)a constable.

Defined in s.127A · see it in the full Act

(1) In sections 195B to 195S “appropriate officer” means—

(a)an officer of Revenue and Customs,

(aa)an immigration officer, or

(b)a constable, ...

(ba)an SFO officer, or

(c)an accredited financial investigator.

Defined in s.195A(1) · see it in the full Act
SFO officer

For the purposes of this Act “SFO officer” means a member of staff of the Serious Fraud Office.

Defined in s.454A · see it in the full Act

Cases considering section 47G 3

Faisal Zahoor Ahmad, R (on the application of) v The Crown Court at Leeds

[2026] EWHC 684 (Admin) · 23 March 2026

Applies the prior-approval requirement to seizure of cryptoassets and related items. The court held that the approval was lawful and did not overlap with the section 352 warrants.

Jonathan Edward Peter Tipper & Ors, R (on the application of) v The Crown Court at Birmingham

[2022] EWHC 2615 (Admin) · 18 October 2022

Applies section 47G to the applications for appropriate approval to search for and seize realisable property. The challenge based on alleged non-disclosure was not arguable. (see paras [1]; [37]-[38])

Greater Manchester Police v Ali

[2019] EWHC 2213 (Admin) · 24 July 2019Interprets

Confirms that section 47G supplies the approval framework for the powers under sections 47C to 47F. (see para [14]) Interprets section 47G(2) as conferring an open discretion on a justice of the peace or senior officer. It does not require satisfaction that a section 47B condition has already been fully met, although approval must be properly justified and will usually require assurance about future compliance. (see paras [14]; [17]-[23]) Identifies the senior officer who may approve the exercise of a constable’s powers, subject to the statutory scheme’s preference for judicial approval. (see para [14]) Defines a senior police officer for the approval scheme as a police officer of at least the rank of inspector. (see paras [5]; [14])

What each judgment says about section 47G is in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F239S. 47G(3)(aa) inserted (22.11.2014) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 17 (with Sch. 21 para. 40); S.I. 2014/3098, art. 2(e)
  2. F240S. 47G(3)(ab) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), ss. 13(2), 88(1); S.I. 2016/148, reg. 3(a)
  3. F241S. 47G(3)(ac) inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 1 para. 4; S.I. 2018/78, reg. 3(aa)
  4. F242S. 47G(3)(ba) inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 31(2), 58(1)(6); S.I. 2018/78, reg. 3(n)
  5. F243Words in s. 47G(3)(c) inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 21; S.I. 2018/78, reg. 5(1)(e)
  6. F244Words in s. 47G(3)(c) inserted (1.4.2018) by The Tax Collection and Management (Wales) Act 2016 (Consequential and Supplemental Provisions) Regulations 2018 (S.I. 2018/285), regs. 1(2), 5(b)

Modifications

  1. C24S. 47G(3)(c) modified (1.4.2018) by The Proceeds of Crime Act 2002 (References to Welsh Revenue Authority Financial Investigators) Order 2018 (S.I. 2018/196), arts. 1(2), 4, Sch. para. 9