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LLR: Financial Crime Plus

R (CHIEF CONSTABLE OF LINCOLNSHIRE POLICE) v LINCOLN MAGISTRATES’ COURT

[2026] Lloyd's Rep. FC Plus 20

KING’S BENCH DIVISION (ADMINISTRATIVE COURT)

Before Mr Justice Eyre

Civil recovery – Cash seizure and detention – Magistrates’ court ruled order for immediate release of detained cash prevented police from applying for forfeiture – Whether application had in fact been made for release of detained cash – Whether strict compliance necessary for validity of application for release of detained cash or whether substantial compliance sufficient – Whether irrational or unjust for magistrates’ court to have treated instant application as valid and substantially compliant – Proceeds of Crime Act 2002, sections 240, 294, 295, 297 and 298 – Magistrates’ Courts (Detention and Forfeiture of Cash) Rules 2002 (SI 2002 No 2998), rules 6 and 11.

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