Proceeds of Crime Act 2002 (c. 29)

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

Chapter 3 U.K. Recovery of cash in summary proceedings

Modifications etc. (not altering text)

C1 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

Supplementary U.K.

301 Victims and other owners U.K.

(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 [F1 the conditions in section 295 for the detention of that cash are no longer met or, if an application has been made under section 298, the court or sheriff decides not to make an order under that section] [F1 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.

[F2 (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.]

Textual Amendments

F1 Words in s. 301(4)(c) substituted (1.6.2015 for E.W.S.) 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)

F2 S. 301(5) inserted (1.6.2015 for E.W.S.) 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)