Forfeiture of cash without court order
Published by a LexisNexis Corporate Crime expert
Last updated on 16/10/2019

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

  • Forfeiture of cash without court order
  • Forfeiture of cash without court order under section 297A of POCA 2002
  • Content of a forfeiture notice
  • The effect of a forfeiture notice
  • Service of a forfeiture notice
  • Detention after a forfeiture notice has lapsed
  • Applications to set aside forfeiture by notice
  • Compensation

Forfeiture of cash without court order

This Practice Note explains the process for obtaining the forfeiture of cash under the sections 297A, 297B, 297C, 297D, 297E, 297F and 297G of the Proceeds of Crime Act 2002 (POCA 2002).

This Practice Note also explains the process for securing the forfeiture of cash without an order from the magistrates’ court, under POCA 2002, s 297A.

For detailed guidance on cash searches, seizure and detention provisions which support this power, consult the following:

  1. Cash searches under the Proceeds of Crime Act 2002

  2. Cash seizure and detention

Seized cash can be forfeited in two ways under POCA 2002:

  1. administrative forfeiture under POCA 2002, s 297A (forfeiture without court order), and

  2. court-ordered forfeiture under POCA 2002, s 298 (forfeiture by court order)

For information on forfeiture by court order under POCA 2002, s 298, see Practice Note: Forfeiture of cash by court order.

Note, there are separate statutory regimes governing the forfeiture of money in bank accounts and also of personal property, see Practice Notes: Account freezing and forfeiture orders under the Proceeds of Crime Act 2002 and Recovery of listed assets under the Proceeds of Crime Act 2002 respectively.

Forfeiture of cash without court order under section 297A of POCA 2002

A senior officer may give a forfeiture notice to any person in relation to cash which has been detained under the POCA 2002,

Related documents:
Key definition:
Forfeiture definition
What does Forfeiture mean?

The act of bringing a lease to an end following a covenant'>breach of covenant, where an express right to forfeit is reserved in the lease for the particular breach complained of, or where there is a breach by the tenant of an express or implied condition.

Popular documents