Q&As

Is there a specific form of appeal or notice of appeal when appealing against forfeiture orders?

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Published on LexisPSL on 23/08/2018

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

  • Is there a specific form of appeal or notice of appeal when appealing against forfeiture orders?
  • Forfeiture under POCA 2002, s 298
  • Appeals against forfeiture orders made under POCA 2002, s 298
  • Procedural requirements for an appeal
  • Appeals to the Crown Court
  • Notice of appeal
  • Persons who must be given notice of an appeal

For the purposes of this Q&A, it is assumed that reference is being made to appeals (under section 299 of the Proceeds of Crime Act 2002 (POCA 2002)) against cash forfeiture order made under POCA 2002, s 298.

Forfeiture under POCA 2002, s 298

Where cash has been seized under POCA 2002, s 295, or where the cash is detained under POCA 2002, ss 297C or 297D, a Magistrates’ Court may order the forfeiture of cash or any part of it under POCA 2002, s 298, if satisfied that the cash is recoverable property or is intended for use in unlawful conduct.

Forfeiture proceedings in the Magistrates’ Court are civil, rather than criminal, in nature. A forfeiture order is in effect an action in rem, that is to say against the property rather than against the person. For more information, see Practice Note: Forfeiture of cash by court order.

Appeals against forfeiture orders made under POCA 2002, s 298

Procedural requirements for an appeal

Both the complainant and the defenda

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