Cash, listed asset and bank account detention and forfeiture orders

The Proceeds of Crime Act 2002 (’POCA’) introduced provisions whereby cash can be seized by the police if it is suspected to be the proceeds of criminal activity, or intended by any person for use in unlawful conduct. Those provisions have now been extended to include ‘listed assets’ and the contents of bank accounts (to which see our separate page on Account Freezing Orders).

Cash includes notes, cheques, postal orders and bankers drafts.

Listed assets include watches, precious metals, precious stones and artistic works.

Orders in respect of the detention of cash, listed assets and bank accounts cannot continue beyond two years after the date that the first order was made. Usually, applications will be made for a shorter period and then can be extended if grounds still exist.

Yes, you can oppose applications for detention of cash, listed assets or the content of bank accounts. You can also apply to discharge or vary any order.

Either the money or listed asset will be returned to you or the police will apply for a forfeiture order. Likewise with bank accounts, either they will be unfrozen or the police will make an application for forfeiture of its contents.

The police can make an application to keep the cash, listed assets or contents of your bank account. The application is made on the basis that the cash, listed asset or content of bank account is recoverable property (i.e. derived from criminal conduct) or intended for use in crime.

Yes, you can oppose an application for a cash forfeiture order, a listed asset forfeiture order or an account forfeiture order.

You will be served with a copy of the application and a date to attend court. You should attend court or instruct a legal representative to do so for you. The case will then be set down for a final hearing and the court will give directions.