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Proceeds of Crime Act 2002, Section 297F is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies while any cash is detained under section 297C or 297D.
(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
(b)is intended by any person for use in unlawful conduct.
(4)An officer of Revenue and Customs, [F2immigration officer,] 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.]
Textual Amendments
F1Ss. 297A-297G and cross-heading inserted (22.11.2014 for the insertion of s. 297A(3)-(5) for specified purposes, 1.6.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 65(1), 116(1) (with s. 65(4)); S.I. 2014/3101, art. 3; S.I. 2015/983, art. 2(2)(c); S.I. 2016/147, art. 3(e)
F2Words in s. 297F(4) inserted (22.11.2014) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 29 (with Sch. 21 para. 40); S.I. 2014/3098, art. 2(e)
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