Cash seizure and detention
Cash seizure and detention

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

  • Cash seizure and detention
  • Changes under CFA 2017
  • 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
  • The end of detention
  • Cash seizure—relationship with the criminal jurisdiction

Changes under CFA 2017

The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various changes to Part 5 of the Proceeds of Crime Act 2002 (POCA 2002) including:

  1. CFA 2017, s 14 inserted three new items to the list of items that may be seized under POCA 2002, s 289(6)—betting slips, gaming vouchers and fixed-value casino tokens. Gaming vouchers are vouchers in physical form issued by a gaming machine, which represent a right to be paid the amount stated on it. Fixed-value casino tokens are tokens that are issued by a casino that represent a right to be paid the value stated on them and betting slips are receipts in physical form that represent a right to be paid an amount in respect of a bet placed with a person holding a betting licence. This provision came into force on 16 April 2018

  2. CFA 2017, s 15 inserted a new Chapter 3A into POCA 2002, Pt 5 which creates new civil powers, similar to the existing cash seizure and forfeiture scheme, to enable the forfeiture of items of personal property, like precious metals and jewels, see Practice Note: Recovery of listed assets under the Proceeds of Crime Act 2002. The list of assets which are specified in the new section of POCA 2002 (POCA 2002, s 303B), can be

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