Applying for the return of seized cash


Published by a ½Û×ÓÊÓƵ Corporate Crime expert
Practice notes

Applying for the return of seized cash


Published by a ½Û×ÓÊÓƵ Corporate Crime expert

Practice notes
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Application by the person from whom the cash was seized

When cash has been seized and detained under sections 294 and 295 of the Proceeds of Crime Act 2002 (POCA 2002), an officer (ie an immigration officer, HMRC officer, officer of the Serious Fraud Office (SFO), police officer or an accredited financial investigator) may, after notifying the magistrates’ court, release it, or any part of it if they are satisfied that the conditions for detention under POCA 2002, s 295 no longer apply and therefore detention can no longer be justified. However, where this does not occur, applications for the return of detained cash can be made to the magistrates’ court either by the person from whom the cash was seized or by a third party owner of the cash. See Practice Note: Cash seizure and detention.

The magistrates’ court may release cash seized before the expiration of a continued detention order on the application of the person from whom the cash was seized if the conditions for the detention of the cash contained in POCA

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United Kingdom
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