Proceeds of Crime Act 2002, section 295

Detention of seized cash

Part 5 Civil recovery of the proceeds etc. of unlawful conduct

(1)While the [F958officer of Revenue and CustomsF958][F959 , constable [F960 , SFO officerF960] or accredited financial investigatorF959] continues to have reasonable grounds for his suspicion, cash seized under section 294 may be detained initially for a period of 48 hours.

[F961 (1A)The period of 48 hours mentioned in subsection (1) is to be calculated in accordance with subsection (1B).

(1B)In calculating a period of 48 hours in accordance with this subsection, no account shall be taken of—

(a)any Saturday or Sunday,

(b)Christmas Day,

(c)Good Friday,

(d)any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom within which the cash is seized, or

(e)any day prescribed under section 8(2) of the Criminal Procedure (Scotland) Act 1995 as a court holiday in a sheriff court in the sheriff court district within which the cash is seized.F961]

(2)The period for which the cash or any part of it may be detained may be extended by an order made by a magistrates’ court or (in Scotland) the sheriff; but the order may not authorise the detention of any of the cash—

(a)beyond the end of the period of [F962six monthsF962] beginning with the date of the order,

(b)in the case of any further order under this section, beyond the end of the period of two years beginning with the date of the first order.

(3)A justice of the peace may also exercise the power of a magistrates’ court to make the first order under subsection (2) extending the period.

(4)An application for an order under subsection (2)—

(a)in relation to England and Wales and Northern Ireland, may be made by the Commissioners of Customs and Excise [F963, a constable [F964 , an SFO officerF964] or an accredited financial investigatorF963] ,

(b)in relation to Scotland, may be made by the Scottish Ministers in connection with their functions under section 298 or by a procurator fiscal,

and the court, sheriff or justice may make the order if satisfied, in relation to any cash to be further detained, that either of the following conditions is met.

(5)The first condition is that there are reasonable grounds for suspecting that the cash is recoverable property and that either—

(a)its continued detention is justified while its derivation is further investigated or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the cash is connected, or

(b)proceedings against any person for an offence with which the cash is connected have been started and have not been concluded.

(6)The second condition is that there are reasonable grounds for suspecting that the cash is intended to be used in unlawful conduct and that either—

(a)its continued detention is justified while its intended use is further investigated or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the cash is connected, or

(b)proceedings against any person for an offence with which the cash is connected have been started and have not been concluded.

(7)An application for an order under subsection (2) may also be made in respect of any cash seized under section 294(2), and the court, sheriff or justice may make the order if satisfied that—

(a)the condition in subsection (5) or (6) is met in respect of part of the cash, and

(b)it is not reasonably practicable to detain only that part.

(8)An order under subsection (2) must provide for notice to be given to persons affected by it.

Definitions used in section 295 9

constable

“constable”, in relation to Northern Ireland, means a police officer within the meaning of the Police (Northern Ireland) Act 2000 (c. 32),

Defined in s.316(1) · see it in the full Act
SFO officer

For the purposes of this Act “SFO officer” means a member of staff of the Serious Fraud Office.

Defined in s.454A · see it in the full Act
cash

“cash” has the meaning given by section 289(6) or (7),

Defined in s.316(1) · see it in the full Act
bank

“bank” (in Chapter 3B) has the meaning given by section 303Z7,

Defined in s.316(1) · see it in the full Act
part

“part”, in relation to property, includes a portion,

Defined in s.316(1) · see it in the full Act
the court

(10) In this section, sections 120 to 140 and Schedule 3 “the court” means—

(a)the Court of Session, where a trial diet or a diet fixed for the purposes of section 76 of the Procedure Act in proceedings for the offence or offences concerned is to be, is being or has been held in the High Court of Justiciary;

(b)the sheriff exercising his civil jurisdiction, where a diet referred to in paragraph (a) is to be, is being or has been held in the sheriff court.

Defined in s.119(10) · see it in the full Act

“the court” (except in sections 253(2) and (3) and 262(2) and (3) and Chapters 3, 3A , 3B, 3C, 3D, 3E and 3F ) means the High Court or (in relation to proceedings in Scotland) the Court of Session,

Defined in s.316(1) · see it in the full Act
justice of the peace

“justice of the peace”, in relation to Northern Ireland, means lay magistrate;

Defined in s.316(1) · see it in the full Act
recoverable property

“recoverable property” is to be read in accordance with sections 304 to 310,

Defined in s.316(1) · see it in the full Act
unlawful conduct

“unlawful conduct” has the meaning given by section 241,

Defined in s.316(1) · see it in the full Act

Cases considering section 295 21

Campbell v Bromley Magistrates' Court

[2017] EWCA Civ 1161 · 28 July 2017Interprets

The court treated detention as a distinct statutory stage with its own criteria and safeguards. Lawful detention under section 295 was not a precondition to forfeiture under section 298 (see paras [3], [6]-[7], [17]). Cited only. The court identified judicial orders under section 295(2) as safeguards controlling detention beyond the initial period (see paras [3], [6]). Cited only. Cited only. The court relied on the requirement that a court be satisfied that one of the statutory detention conditions is met, supporting the separation of detention from forfeiture (see paras [3], [6]-[7]). The court used the continued-investigation language in section 295(5) to show that the basis for detention may differ from the basis for seizure or later forfeiture (see paras [3], [7]). The court treated continued detention while derivation is investigated as an example showing that the statutory basis may change between stages (see para [7]). Cited only. Cited only. Cited only. Cited only.

Perinpanathan, R (on the application of) v City of Westminster Magistrates Court & Anor (Rev 1)

[2010] EWCA Civ 40 · 4 February 2010

The statutory limit on detention meant that the police could not retain the cash indefinitely. Once reasonable grounds remained, they had to seek forfeiture or return the cash, which supported the reasonableness of bringing proceedings. (see paras [9]; [44])

The Chief Constable of Lincolnshire Police, R (on the application of) v Lincoln Magistrates' Court

[2025] EWHC 3474 (Admin) · 19 December 2025Interprets

Section 295(1) is used to identify the initial 48-hour period during which seized cash may be detained while reasonable grounds for suspicion continue. The judgment treats that period as capable of being ended early by an order under section 297. (see paras [11]; [25]-[27]) The judgment explains that a magistrates’ court may extend detention subject to the statutory maximum periods, but refusal of an extension does not itself end the initial 48-hour detention period. A section 297 order is required for release within that period. (see paras [11]; [25]-[27]) The judgment contrasts the prosecutor’s burden on a section 295 extension application with the applicant’s burden under section 297. The section 295 application may be made by a constable and requires the court to be satisfied of the statutory conditions. (see paras [11]; [35]-[37]) The first statutory condition is used to explain the additional requirements accompanying reasonable suspicion that cash is recoverable property. The judgment contrasts those requirements with the section 297 inquiry into whether detention conditions remain satisfied. (see paras [11]; [33]-[37]) The second statutory condition is used to explain the additional requirements where cash is suspected to be intended for unlawful conduct. The judgment treats sections 295 and 298 as imposing different thresholds and conditions. (see paras [11]; [33]-[37]) The judgment notes section 295(8) as an example of a statutory notice requirement, contrasting it with section 297’s less prescriptive wording. That contrast supports the conclusion that the written-application requirement in the Rules is not necessarily a bright-line statutory condition. (see paras [12]; [90](i))

1 more judgment, and what each says about section 295, are in the case-law panel in the full Act.

Explanatory note

411.The effect of section 295 is that cash may not be detained for more than 48 hours except by order of a magistrate (or a sheriff in Scotland). A magistrate may make such an order if satisfied that there are reasonable grounds for the officer’s suspicion and that the continued detention is justified for the purposes of investigating its origin or intended use. The magistrate may also make an order for continued detention if consideration is being given to the bringing of criminal proceedings, or if such proceedings have been commenced and not concluded. Monies detained would in most cases be paid into an interest bearing account as provided in section 296 pending the outcome of proceedings.

All the explanatory notes for the Act

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F958Words in s. 295(1) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 7
  2. F959Words in s. 295(1) substituted (6.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 11 para. 7(2); S.I. 2008/755, art. 17(1)(f)
  3. F960Words in s. 295(1) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 1 para. 16(2); S.I. 2018/78, reg. 3(aa); S.I. 2021/724, reg. 3(b)
  4. F961S. 295(1A)(1B) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 100(2), 178(7)(a); S.I. 2005/1521, art. 2(1)(c)
  5. F962Words in s. 295(2)(a) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 64(1), 116(1) (with s. 64(2); S.I. 2009/3096, art. 3(i)
  6. F963Words in s. 295(4)(a) substituted (6.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 11 para. 7(3); S.I. 2008/755, art. 17(1)(f)
  7. F964Words in s. 295(4)(a) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 1 para. 16(3); S.I. 2018/78, reg. 3(aa); S.I. 2021/724, reg. 3(b)