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Campbell v Bromley Magistrates' Court

Lloyd's Law Reporter Financial Crime

Campbell v Bromley Magistrates' Court

Court of Appeal (Civil Division) [2017] EWCA Civ 1161, Sir James Munby, President of the Family Division and Lord Justice McFarlane, 11; 28 July 2017

Cash - Seizure and detention - Forfeiture order - Proceeds of Crime Act, section 298

This case concerned forfeiture proceedings under section 298 of the Proceeds of Crime Act 2002 ("POCA"). The facts can be briefly summarised: a police constable executed a search warrant at the appellant's house (10 January 2014), during which a quantity of cash was seized and the appellant was arrested on suspicion of money laundering. Later, a constable purported to "re-seize" the cash under section 294, POCA (17 February 2014). Subsequently, orders were granted by Bromley Magistrates' Court under section 295, POCA for one month (19 February 2014) and for three months (14 March 2014). During the currency of this latter order, an application was made by the police for a forfeiture order under section 298 POCA. This application eventually came before DJ(MC) Hunter (10 March 2015).

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