The Administrative Forfeiture of Cash (Forfeiture Notices) (England and Wales) Regulations 2015

These Regulations set out how a senior officer may give a forfeiture notice under section 297A of the Proceeds of Crime Act 2002 (c. 29) (“the 2002 Act”). A forfeiture notice relates to cash, seized because of a reasonable suspicion that it is the proceeds of crime, or is intended to be used as such, and subsequently detained under a magistrates’ court’s order under section 295(2) of the 2002 Act for the purposes of further investigation, or because criminal proceedings are being considered or have begun. A forfeiture notice informs the recipient of the senior officer’s intention to forfeit cash without a hearing before a magistrates’ court. If the recipient objects to forfeiture, there is a period during which objections can be made; if objections are made, forfeiture can only take place by way of proceedings before a magistrates’ court.