Proceeds of Crime Act 2002, section 299

Appeal against decision under section 298

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

(1)Any party to proceedings for an order for the forfeiture of cash under section 298 who is aggrieved by an order under that section or by the decision of the court not to make such an order may appeal—

(a)in relation to England and Wales, to the Crown Court;

(b)in relation to Scotland, to the Sheriff Principal;

(c)in relation to Northern Ireland, to a county court.

(2)An appeal under subsection (1) must be made before the end of the period of 30 days starting with the day on which the court makes the order or decision.

(3)The court hearing the appeal may make any order it thinks appropriate.

(4)If the court upholds an appeal against an order forfeiting the cash, it may [F984 order the release of the whole or any part of the cashF984] .F983]

Definitions used in section 299 3

cash

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

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
part

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

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

Cases considering section 299 7

Murray, R (on the application of) v Birmingham Magistrates Court

[2009] EWHC 1546 (Admin) · 1 April 2009

The court treated section 299 as providing an adequate alternative appeal from an adverse magistrates’ court decision. The appeal would be by way of rehearing and the appellate court could make any appropriate order, so judicial review was not the normal route (see paras [19], [24], [27]).

Orton v Truro Crown Court & Ors

[2009] EWHC 168 (Admin) · 21 January 2009Interprets

The court interprets the power on appeal under section 299 as wide enough to include review of the magistrates’ court’s costs decision. The matter was remitted for reconsideration in accordance with that approach. (see paras [3]; [4]; [9]–[10])

Harrison, R (on the application of) v Birmingham Magistrate's Court & Anor (Rev 1)

[2011] EWCA Civ 332 · 25 March 2011

The court proceeded on the basis that a Crown Court appeal against forfeiture had to be made within 30 days and that there was no power to extend that period. This explained why judicial review was the available safeguard. (see para [32])

What each judgment says about section 299 is in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

Amendments

  1. F983S. 299 substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 101(1), 178(7)(a) (with s. 101(2)); S.I. 2005/1521, art. 2(1)(d) (with art. 2(2))
  2. F984Words in s. 299(4) substituted (1.6.2015) by Policing and Crime Act 2009 (c. 26), ss. 65(3), 116(1); S.I. 2015/983, art. 2(2)(c)

Modifications

  1. C75Pt. 5 Ch. 3 applied by 2007 c. 30, s. 24(1) (as substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 21(3), 58(1)(6); S.I. 2018/78, reg. 3(f))