Part 5Civil recovery of the proceeds etc. of unlawful conduct
C1C2C3Chapter 3Recovery of cash in summary proceedings
Pt. 5 Ch. 3 applied by 2007 c. 30, s. 24(1) (as substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 21(3), 58(1)(6); S.I. 2018/78, reg. 3(f))
Pt. 5 Ch. 3 modified (E.W.) (1.4.2018) by The Proceeds of Crime Act 2002 (References to Welsh Revenue Authority Financial Investigators) Order 2018 (S.I. 2018/196), arts. 1(2), 3, Sch. para. 3 (as amended (20.7.2018) by The Proceeds of Crime Act 2002 (References to Welsh Revenue Authority Financial Investigators) (Amendment) Order 2018 (S.I. 2018/767), arts. 1(2), 2(2)(a))
F2Forfeiture without court order
Ss. 297A-297G and cross-heading inserted (22.11.2014 for the insertion of s. 297A(3)-(5) for specified purposes, 1.6.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 65(1), 116(1) (with s. 65(4)); S.I. 2014/3101, art. 3; S.I. 2015/983, art. 2(2)(c); S.I. 2016/147, art. 3(e)
297AC2Forfeiture notice
1
Subsection (2) applies while any cash is detained in pursuance of an order under section 295(2) made by a magistrates' court in England and Wales or Northern Ireland.
2
A senior officer may give a notice for the purpose of forfeiting the cash or any part of it if satisfied that the cash or part—
a
is recoverable property, or
b
is intended by any person for use in unlawful conduct.
3
The Secretary of State must make regulations about how a notice is to be given.
4
The regulations may provide—
a
for a notice to be given to such person or persons, and in such manner, as may be prescribed;
b
for a notice to be given by publication in such manner as may be prescribed;
c
for circumstances in which, and the time at which, a notice is to be treated as having been given.
5
The regulations must ensure that where a notice is given it is, if possible, given to every person to whom notice of an order under section 295(2) in respect of the cash has been given.
6
A senior officer means—
a
an officer of Revenue and Customs of a rank designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that of a senior police officer,
F1aa
an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,
b
a senior police officer, F4or
F5ba
the Director of the Serious Fraud Office, or
F3bb
the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose,
C4c
an accredited financial investigator.
7
A senior police officer means a police officer of at least the rank of inspector.
8
A notice under this section is referred to in this Chapter as a forfeiture notice.
Pt. 5 Ch. 3 applied (1.4.2010) by UK Borders Act 2007 (c. 30), ss. 24(1), 59(2); S.I. 2010/606, art. 2