Q&As

How can administrative cash forfeiture notices under section 297A of the Proceeds of Crime Act 2002 be challenged?

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Published on LexisPSL on 08/03/2018

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • How can administrative cash forfeiture notices under section 297A of the Proceeds of Crime Act 2002 be challenged?

How can administrative cash forfeiture notices under section 297A of the Proceeds of Crime Act 2002 be challenged?

Section 297E of the Proceeds of Crime Act 2002 (POCA 2002) deals with the application to set aside an administrative cash forfeiture. A person aggrieved by the forfeiture of cash under POCA 2002, s 297A can apply to the magistrates’ court for an order setting aside all or part of the forfeiture. This could be, for example, because they are affected by the order but received no prior notice. See Practice Note: Forfeiture of cash without court order.

Such an application must be made in writing before the end of 30 days starting with the day on which the period for objecting ended (see Magistrates’ Courts (Detention and Forfeiture of Cash) Rules 2002, SI 2002/2998, r 8A(1)). The use of a set form is not provided for so an application should be made by letter to the appropriate magistrates’ court. Magistrates’ Courts (Detention and Forfeiture of Cash) Rules 2002, SI 2002/2998, r 8A allows applications to be sent to

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