Josh Normanton succeeds in judicial review proceedings regarding cash detention under the Proceeds of Crime Act 2002 and non-compliance with procedural rules.
A significant sum of cash was seized from KS’s house during a police investigation. After the criminal investigation concluded, the police detained the cash and began cash detention proceedings under s.295 of the Proceeds of Crime Act 2002 (“POCA”) alleging that the money derived ultimately from organised criminal activity. KS’s instructed counsel in the Magistrates’ Court contested the Chief Constable’s application for further cash detention and also sought return of the monies under s.297 of POCA. Having regard to the length of the criminal investigation, the Magistrates agreed and ordered the immediate return of the monies. The Chief Constable alleged that due to the nature of the application advanced on behalf of KS, as well as serious non-compliance with the Magistrates’ Court (Detention and Forfeiture of Cash) Rules 2002, the order of the Magistrates should be declared invalid. In particular, the Chief Constable claimed that no s.297 application had actually been made and its representative had unaware of any application to return the monies. Permission to proceed with the judicial review was granted to Chief Constable by Eyre J.
In the substantive hearing, also before Eyre J, the High Court heard contested evidence from the two advocates who had appeared before the Magistrates. Josh submitted on behalf of KS that, having regard to the principles described in R v Soneji [2004] UKHL 4, the purpose of the applicable rules, and given the particular factual circumstances of the case, the order of the Magistrates’ Court should not be declared invalid. The court agreed, found there was substantial compliance with the rules in the circumstances, and dismissed the judicial review.
Josh regularly advises and represents clients in judicial review proceedings (generally arising from criminal, licensing or disciplinary decisions or proceedings) and has expertise in all matters relating to POCA, including cash detention and forfeiture.