Q&As

Is a bankers draft considered to be ‘cash’ in relation to a cash seizure and what can a client do to have it returned when he is the owner of the bankers draft but not the person from whom it was seized?

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Published on LexisPSL on 22/11/2013

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

  • Is a bankers draft considered to be ‘cash’ in relation to a cash seizure and what can a client do to have it returned when he is the owner of the bankers draft but not the person from whom it was seized?

Is a bankers draft considered to be ‘cash’ in relation to a cash seizure and what can a client do to have it returned when he is the owner of the bankers draft but not the person from whom it was seized?

Cash is defined in chapter 3 part 5 of the Proceeds of Crime Act 2002 (POCA 2002) (recovery of cash in summary proceedings) 2002 section 289(6). The definition of cash includes notes and coins in any currency, postal orders, cheques of any kind including travellers' cheques, bankers' drafts, bearer bonds and bearer shares, and any kind of monetary instrument. Please see the Practice Note: Cash seizure.

Where the owner of the detained cash is not the person from whom it was seized, they may make an application for its

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