Part 5Civil recovery of the proceeds etc. of unlawful conduct

Chapter 3Recovery of cash in summary proceedings

F1Forfeiture without court order

297DDetention following lapse of notice

(1)

This section applies if—

(a)

a forfeiture notice is given in respect of any cash,

(b)

the notice lapses under section 297C(4), and

(c)

the period for which detention of the cash was authorised under section 295(2) has expired.

(2)

The cash may be detained for a further period of up to 48 hours (calculated in accordance with section 295(1B)).

(3)

But if within that period the Commissioners for Her Majesty's Revenue and Customs, a constable F2, an SFO officer or an accredited financial investigator decides that neither of the applications mentioned in subsection (4) ought to be made, the cash must be released.

(4)

The applications are—

(a)

an application for a further order under section 295(2);

(b)

an application for forfeiture of the cash under section 298.

(5)

“ If within that period an application is made for a further order under section 295(2) the cash may be detained until the application is determined or otherwise disposed of. ”