Cash seizure and detention

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

  • Cash seizure and detention
  • Cash seizure and detention under POCA 2002
  • Meaning of cash, recoverable property and unlawful conduct
  • When cash can be seized
  • Extended detention of seized cash
  • Applications for an initial extension
  • Applications for further extensions
  • The end of detention
  • Cash seizure—relationship with the criminal jurisdiction

Cash seizure and detention

Cash seizure and detention under POCA 2002

Chapter 3 of POCA 2002, Pt 5 provides for the recovery of cash in summary proceedings in England and Wales and the associated powers of search, seizure, detention and forfeiture of cash. Under POCA 2002, s 294, specified officers can seize cash suspected of being either recoverable property or which is intended by any person for use in unlawful conduct. For information on cash searches, see Practice Note: Cash searches under the Proceeds of Crime Act 2002, which also covers what is cash, recoverable property and unlawful conduct in detail.

Chapters 3A and 3B of POCA 2002, Pt 5 contain complementary powers for the forfeiture of items of personal property, like precious metals and jewels and monies held in bank accounts. See further, Practice Notes: Recovery of listed assets under the Proceeds of Crime Act 2002 and Account freezing and forfeiture orders under the Proceeds of Crime Act 2002.

Where cash has been seized, a magistrates’ court may order the detention and, subsequently, the forfeiture of cash or any part of it.

In Campbell v Bromley Magistrates' Court, the Court of Appeal said of this scheme:

‘The statutory scheme is clear, moving through three stages: seizure (section 294), detention (section 295) and forfeiture (section 298)…provided the court is satisfied of the matters specified in section 295(4) or section 298(2), as

Popular documents