This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
(This note is not part of the Regulations)
These Regulations set out how a senior officer may give a forfeiture notice under section 297A of the Proceeds of Crime Act 2002 (c. 29) (“the 2002 Act”). A forfeiture notice relates to cash, seized because of a reasonable suspicion that it is the proceeds of crime, or is intended to be used as such, and subsequently detained under a magistrates’ court’s order under section 295(2) of the 2002 Act for the purposes of further investigation, or because criminal proceedings are being considered or have begun. A forfeiture notice informs the recipient of the senior officer’s intention to forfeit cash without a hearing before a magistrates’ court. If the recipient objects to forfeiture, there is a period during which objections can be made; if objections are made, forfeiture can only take place by way of proceedings before a magistrates’ court.
Regulation 3 prescribes the persons to whom a forfeiture notice must be given, being persons known to be affected by detention and forfeiture of the cash. If there are no persons falling within the description, or it would not be possible to give such a person a notice in accordance with the requirements of the Regulations, then the notice must be given instead by publication.
Regulation 4 sets out the manner in which a forfeiture notice must be given. A notice being given to a person may be sent by post or by means of an electronic communication. A notice given by publication must be published in the London Gazette.
Regulation 5 sets out the requirements for giving a forfeiture notice by post, and makes provision for when the notice is to be treated as having been given. Regulation 6 sets out the requirements for giving a forfeiture notice by means of electronic communication, and makes provision for when the notice is to be treated as having been given.
Regulation 7 concerns the giving of a forfeiture notice to a person known to be a child who is not a person lacking sufficient mental capacity (a “protected person”), or to a protected person. The notice must also be given to another person (as specified) on behalf of the child or protected person. If there is no such other person to whom a forfeiture notice can be given, then a forfeiture notice may not be given to the child or protected person.
An impact assessment has not been produced for this instrument as no impact is foreseen on the private, voluntary or public sectors.
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