Part 5

Civil recovery of the proceeds etc. of unlawful conduct
Chapter 3

Recovery of cash in summary proceedings

Forfeiture without court order

Effect
297C
1
This section applies if a forfeiture notice is given in respect of any cash.
2
The cash is to be detained until—
a
the cash is forfeited under this section,
b
the notice lapses under this section, or
c
the cash is released under a power conferred by this Chapter.
3
If no objection is made within the period for objecting, and the notice has not lapsed, the cash is forfeited (subject to section 297E).
4
If an objection is made within the period for objecting, the notice lapses.
5
If an application is made for the forfeiture of the whole or any part of the cash under section 298, the notice lapses.
6
If the cash or any part of it is released under a power conferred by this Chapter, the notice lapses or (as the case may be) lapses in relation to that part.
7
An objection may be made by anyone, whether a recipient of the notice or not.
8
An objection means a written objection sent to the address specified in the notice; and an objection is made when it is received at the address.
9
An objection does not prevent forfeiture of the cash under section 298.
10
Nothing in this section affects the validity of an order under section 295(2).
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)
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))
Pt. 5 Ch. 3 applied (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by 2007 c. 30, s. 24(1) (as substituted by Criminal Finances Act 2017 (c. 22), ss. 21(3), 58(1)(6); S.I. 2018/78, reg. 3(f); S.I. 2021/724, reg. 2(1)(i))
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