Part 5

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

Recovery of cash in summary proceedings

Supplementary

Victims and other owners
301
1
A person who claims that any cash detained under this Chapter, or any part of it, belongs to him may apply to a magistrates’ court or (in Scotland) the sheriff for the cash or part to be released to him.
2
The application may be made in the course of proceedings under section 295 or 298 or at any other time.
3
If it appears to the court or sheriff concerned that—
a
the applicant was deprived of the cash to which the application relates, or of property which it represents, by unlawful conduct,
b
the property he was deprived of was not, immediately before he was deprived of it, recoverable property, and
c
that cash belongs to him,
the court or sheriff may order the cash to which the application relates to be released to the applicant.
4
If—
a
the applicant is not the person from whom the cash to which the application relates was seized,
b
it appears to the court or sheriff that that cash belongs to the applicant,
c
the court or sheriff is satisfied that the release condition is met in relation to that cash, and
d
no objection to the making of an order under this subsection has been made by the person from whom that cash was seized,
the court or sheriff may order the cash to which the application relates to be released to the applicant or to the person from whom it was seized.
5
The release condition is met—
a
in relation to cash detained under section 295, if the conditions in that section for the detention of the cash are no longer met,
b
in relation to cash detained under section 297C or 297D, if the cash is not recoverable property and is not intended by a person for use in unlawful conduct, and
c
in relation to cash detained under 298, if the court or sheriff decides not to make an order under that section in relation to the cash.
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))
Words in s. 301(4)(c) substituted (1.6.2015 for E.W.S., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 108(2); S.I. 2015/983, arts. 2(2)(e), 3(ff); S.I. 2016/147, art. 3(j)
S. 301(5) inserted (1.6.2015 for E.W.S., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 108(3); S.I. 2015/983, arts. 2(2)(e), 3(ff); S.I. 2016/147, art. 3(j)
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