Application to retain seized property
Application to retain seized property

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Application to retain seized property
  • When can an application to retain seized property be made?
  • Procedure
  • Resisting an application

This Practice Note explains the procedure to apply for the retention of property seized following a search under section 59(5) of the Criminal Justice and Police Act 2001 (CJPA 2001) and the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR) and the basis on which an application may be made. This Practice Note includes information on how this application may be resisted.

For information on the ways in which property may be lawfully seized under warrant, Police and Criminal Evidence Act 1984 (PACE 1984) and CJPA 2001, or with the consent of the owner and the process to apply for such a warrant, see Practice Notes: Seizure and retention of property and Obtaining and executing a search warrant.

For information on search and seizure warrants under the Proceeds of Crime Act 2002 (POCA 2002), see Practice Note: Search and seizure warrants under section 352 of POCA 2002.

When can an application to retain seized property be made?

An application for an order authorising the retention of property which has been seized, in purported exercise of a relevant power of seizure (eg under a PACE 1984, s 8 warrant) is made, under CJPA 2001, s 59(5).

The application is made by the police or enforcement agency which seized the property to the Crown Court who are empowered to make an order pursuant to CJPA 2001, s 59(6).

Property would 'otherwise fall

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