Section 297D: Detention following lapse of notice

Proceeds of Crime Act 2002 · 2002 c. 29View on legislation.gov.uk

Part 5: Civil recovery of the proceeds etc. of unlawful conduct — Chapter 3: Recovery of cash in summary proceedings

This section applies if—

a forfeiture notice is given in respect of any cash,
the notice lapses under section 297C(4), and
the period for which detention of the cash was authorised under section 295(2) has expired.

The cash may be detained for a further period of up to 48 hours (calculated in accordance with section 295(1B)).

But if within that period the Commissioners for Her Majesty's Revenue and Customs, a constable , an SFO officer or an accredited financial investigator decides that neither of the applications mentioned in subsection (4) ought to be made, the cash must be released.

The applications are—

an application for a further order under section 295(2);
an application for forfeiture of the cash under section 298.

" 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 determined or otherwise disposed of. "

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.