|
| |
| |
subsection (1D) only if the officer, constable or investigator has |
| |
reasonable grounds for believing— |
| |
(a) | that the suspect does not reside in the dwelling, and |
| |
(b) | that the vehicle is not in the place in question with the express |
| |
or implied permission of a person who resides in the dwelling. |
| 5 |
(1D) | The customs officer, constable or accredited financial investigator may, |
| |
so far as the officer, constable or investigator thinks it necessary or |
| |
expedient, require the suspect to— |
| |
(a) | permit entry to the vehicle, |
| |
(b) | permit a search of the vehicle. |
| 10 |
(1E) | Cash falls within this subsection if— |
| |
(a) | it is recoverable property or is intended by any person for use in |
| |
| |
(b) | the amount of it is not less than the minimum amount.” |
| |
(3) | In subsection (4) for the words from “exercising” to the end substitute “may— |
| 15 |
(a) | in exercising powers by virtue of subsection (1D), detain the |
| |
vehicle for so long as is necessary for their exercise, |
| |
(b) | in exercising powers by virtue of subsection (3)(b), detain the |
| |
suspect for so long as is necessary for their exercise.” |
| |
(4) | In subsection (5)(c) for the words from “premises” to the end substitute “the |
| 20 |
| |
(i) | premises in England, Wales or Northern Ireland (in the |
| |
| |
(ii) | vehicles and suspects in England, Wales or Northern |
| |
Ireland (in the case of subsections (1D) and (4)(a)), |
| 25 |
(iii) | suspects in England, Wales or Northern Ireland (in the |
| |
case of subsections (2), (3) and (4)(b)).” |
| |
61 | Detention of seized cash |
| |
(1) | In section 295(2)(a) of the Proceeds of Crime Act 2002 (c. 29) (period for which |
| |
court may authorise further detention of seized cash) for “three months” |
| 30 |
| |
(2) | The amendment made by subsection (1) applies in relation to cash seized |
| |
before or after the commencement of this section. |
| |
62 | Forfeiture of detained cash |
| |
(1) | After section 297 of the Proceeds of Crime Act 2002 insert— |
| 35 |
“Forfeiture without court order |
| |
| |
(1) | Subsection (2) applies while any cash is detained in pursuance of an |
| |
order under section 295(2) made by a magistrates’ court in England and |
| |
Wales or Northern Ireland. |
| 40 |
(2) | A senior officer may give a notice for the purpose of forfeiting the cash |
| |
or any part of it if satisfied that the cash or part— |
| |
| |
| |
|
| |
| |
(a) | is recoverable property, or |
| |
(b) | is intended by any person for use in unlawful conduct. |
| |
(3) | The Secretary of State must make regulations about how a notice is to |
| |
| |
(4) | The regulations may provide— |
| 5 |
(a) | for a notice to be given to such person or persons, and in such |
| |
manner, as may be prescribed; |
| |
(b) | for a notice to be given by publication in such manner as may be |
| |
| |
(c) | for circumstances in which, and the time at which, a notice is to |
| 10 |
be treated as having been given. |
| |
(5) | The regulations must ensure that where a notice is given it is, if |
| |
possible, given to every person to whom notice of an order under |
| |
section 295(2) in respect of the cash has been given. |
| |
(6) | A senior officer means— |
| 15 |
(a) | an officer of Revenue and Customs of a rank designated by the |
| |
Commissioners for Her Majesty’s Revenue and Customs as |
| |
equivalent to that of a senior police officer, |
| |
(b) | a senior police officer, or |
| |
(c) | an accredited financial investigator. |
| 20 |
(7) | A senior police officer means a police officer of at least the rank of |
| |
| |
(8) | A notice under this section is referred to in this Chapter as a forfeiture |
| |
| |
| 25 |
(1) | A forfeiture notice must— |
| |
(a) | state the amount of cash in respect of which it is given, |
| |
(b) | state when and where the cash was seized, |
| |
(c) | confirm that the senior officer is satisfied as mentioned in |
| |
| 30 |
(d) | specify a period for objecting to the proposed forfeiture and an |
| |
address to which any objections must be sent, and |
| |
(e) | explain that the cash will be forfeited unless an objection is |
| |
received at that address within the period for objecting. |
| |
(2) | The period for objecting must be at least 30 days starting with the day |
| 35 |
after the notice is given. |
| |
| |
(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, |
| 40 |
(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 |
| 5 |
| |
(7) | An objection may be made by anyone, whether a recipient of the notice |
| |
| |
(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. |
| 10 |
(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 |
| |
| |
297D | Detention following lapse of notice |
| |
(1) | This section applies if— |
| 15 |
(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 |
| 20 |
(calculated in accordance with section 295(1B)). |
| |
(3) | But if within that period the Commissioners for Her Majesty’s Revenue |
| |
and Customs, a constable or an accredited financial investigator |
| |
decides that neither of the applications mentioned in subsection (4) |
| |
ought to be made, the cash must be released. |
| 25 |
(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 |
| 30 |
determined or otherwise disposed of. |
| |
297E | Application to set aside forfeiture |
| |
(1) | This section applies if any cash is forfeited in pursuance of a forfeiture |
| |
| |
(2) | A person aggrieved by the forfeiture may apply to a magistrates’ court |
| 35 |
in England and Wales or Northern Ireland for an order setting aside the |
| |
forfeiture of the cash or any part of it. |
| |
(3) | The application must be made before the end of the period of 30 days |
| |
starting with the day on which the period for objecting ended. |
| |
(4) | But the court may give permission for an application to be made after |
| 40 |
the 30-day period has ended if it thinks that there are exceptional |
| |
circumstances to explain why the applicant— |
| |
| |
| |
|
| |
| |
(a) | failed to object to the forfeiture within the period for objecting, |
| |
| |
(b) | failed to make an application within the 30-day period. |
| |
(5) | On an application under this section the court must consider whether |
| |
the cash to which the application relates could be forfeited under |
| 5 |
section 298 (ignoring the forfeiture mentioned in subsection (1) above). |
| |
(6) | If the court is satisfied that the cash to which the application relates or |
| |
any part of it could not be forfeited under that section it must set aside |
| |
the forfeiture of that cash or part. |
| |
(7) | Where the court sets aside the forfeiture of any cash— |
| 10 |
(a) | it must order the release of that cash, and |
| |
(b) | that cash is to be treated as never having been forfeited. |
| |
297F | Release of cash subject to forfeiture notice |
| |
(1) | This section applies while any cash is detained under section 297C |
| |
| 15 |
(2) | A magistrates' court may direct the release of the whole or any part of |
| |
the cash if the following condition is met. |
| |
(3) | The condition is that the court is not satisfied, on an application by the |
| |
person from whom the cash was seized, that the cash to be released— |
| |
(a) | is recoverable property, or |
| 20 |
(b) | is intended by any person for use in unlawful conduct. |
| |
(4) | An officer of Revenue and Customs, constable or accredited financial |
| |
investigator may release the cash or any part of it if satisfied that the |
| |
detention of the cash to be released is no longer justified. |
| |
297G | Application of forfeited cash |
| 25 |
(1) | Cash forfeited in pursuance of a forfeiture notice, and any accrued |
| |
interest on it, is to be paid into the Consolidated Fund. |
| |
(2) | But it is not to be paid in— |
| |
(a) | before the end of the period within which an application under |
| |
section 297E may be made (ignoring the possibility of an |
| 30 |
application by virtue of section 297E(4)), or |
| |
(b) | if an application is made within that period, before the |
| |
application is determined or otherwise disposed of.” |
| |
(2) | In section 298(1) of that Act (forfeiture by court order) after “section 295” insert |
| |
| 35 |
(3) | In section 299(4) of that Act (appeal against forfeiture order: release of cash) for |
| |
“order the release of the cash” substitute “order the release of the whole or any |
| |
| |
(4) | In section 297A(1) of that Act (inserted by subsection (1) above) the reference |
| |
to an order includes an order made before the commencement of this section. |
| 40 |
| |
| |
|
