Part 1: Proceeds of crime Forfeiture Section 15: Forfeiture of certain personal (or moveable) property
Section 15 inserts, in Part 5 of POCA, a new Chapter 3A, which make provision for the seizure and recovery of listed types of personal or moveable property ("listed assets") that are the proceeds of unlawful conduct or intended for use in such conduct. The provisions build on existing powers in Chapter 3, to seize and recover cash that is the proceeds of unlawful conduct or intended for use in such conduct. The definition of unlawful conduct can be found in section 241.
	Listed assets are defined by section 303B. This section also provides that the Secretary of State, following consultation with Scottish Ministers and the Department of Justice in Northern Ireland, may by regulations remove a description of property from the definition, or add a description of tangible personal (or corporeal moveable) property to the list.
	Section 303C provides that the search powers are only exercisable on private premises where the relevant officer has lawful authority to be present. Sub-sections (5) and (6) include the power to search vehicles and persons. Section 303C(9) provides that constables, HMRC officers, SFO officers and AFIs are relevant officers for the purpose of these provisions. Section 303C(10) provides that the new powers may only be exercised where the suspected listed asset or assets exceed the threshold set under 303Y.
	Section 303D sets out further detail as to the conditions under which the powers of search may be used.
	Section 303E provides that the search powers may only be used where prior judicial authority has been obtained or, if that is not practicable, with the approval of a senior officer. "Senior officer" is defined in section 303E(4) for all of the agencies permitted to use these powers.
	Section 303E(6) provides that, where the search powers are not approved by a judicial authority prior to the search and any listed asset is either not seized or is released before the matter comes before a court, the officer exercising the power must prepare a written report and submit it to an independent person. The independent person is appointed by the Secretary of State, in relation to England and Wales, by the Scottish Ministers in relation to Scotland, or by the Department of Justice in relation to Northern Ireland.
	Section 303F provides that the appointed person must provide a report, to be laid before Parliament, the Scottish Parliament and the Northern Ireland Assembly as appropriate. This report must give the appointed person’s opinion as to the circumstances in which the search powers were exercised in cases where the relevant officer was required to make a report under section 306E(6).
	Section 303G provides that a code of practice must be made by the Secretary of State in connection with the exercise of the search powers in 303C. The provisions require consultation on the draft code with the Attorney General in relation to the use of the powers by the SFO.
	Section 303H provides that a code of practice must be made by the Scottish Ministers in connection with the exercise of the search powers in 303C in Scotland.
	Section 303I provides that a code of practice must be made by the Department of Justice in connection with the exercise of the search powers in 303C in Northern Ireland.
	Section 303J provides that a relevant officer may seize any listed asset or assets found, if he has reasonable grounds for suspecting that the listed asset or assets are recoverable property or intended for use in unlawful conduct and where the value of the listed asset or aggregate value of listed assets exceeds the minimum threshold (£1,000, under section 303Y). Under sub-section (2) a relevant officer may seize a listed asset where that asset cannot reasonably be divided and only part of that asset is under suspicion (provided that part meets the minimum threshold).
	Section 303K provides that any listed asset seized by a relevant officer may only be detained for an initial period of six hours. It may be further detained for a period of 42 hours with the approval of a senior officer.
	Section 303L provides that the detention of any listed asset may be extended by a judicial authority up to a maximum of two years (from the first order). To make such an order, the judicial authority must be satisfied that there are reasonable grounds for suspecting that the continued detention is justified, for the purposes of investigating the property’s origin or the property’s intended use, or continued detention is justified because consideration is being given to the bringing of criminal proceedings or such proceedings have been commenced and not concluded.
	Section 303M provides for the testing of the listed property to determine whether it is a listed asset, and that it must be safely stored while this is done.
	Section 303N provides that the listed assets may be released to the person from whom they were seized where a judicial authority is satisfied, on application by the person from whom the property was seized, that they are not recoverable property or are not intended for use in unlawful conduct.
	Section 303O provides that a judicial authority may order the forfeiture of property or any part of it if satisfied that it is recoverable property or is intended for use in unlawful conduct, and defines who may apply for forfeiture. The section also provides that a relevant court may provide for the payment of reasonable legal expenses to the person from whom the property was seized from the proceeds of realisation.
	Sections 303P to 303R explain how associated property and joint property are to be dealt with when forfeiture is ordered.
	Section 303P sets out the circumstances in which the provisions on associated property and joint property in sections 303Q and 303R apply. The terms "associated property" and "joint property" are defined in section 316 of POCA. Section 303Q provides that a judicial authority may order that a person who holds associated property or who is an excepted joint owner may retain the property but must pay the law enforcement agency a sum equivalent to the value of the recoverable share. This section applies where there is agreement amongst the parties as to the extent of the recoverable portion of the property. The section also provides that a relevant court may provide for the payment of reasonable legal expenses to the person from whom the property was seized from the proceeds of realisation.
	Section 303R describes how a judicial authority can deal with a person who holds associated property or who is an excepted joint owner but where there is no agreement under section 303Q. If an order for forfeiture of part of the property is made, and the court considers it is "just and equitable" to do so, it may also order that the excepted joint owner’s interest will be extinguished, or that the excepted joint owner’s interest will be severed, and it may order that a payment be made to that individual.
	Section 303S provides for a right of appeal against a forfeiture decision made under sections 303O to 303R.
	Section 303T provides that the relevant law enforcement agency must realise the property or make arrangements for it realisation, subject to any appeal rights against the forfeiture being exhausted.
	Section 303U sets out the order in which the proceeds realised should be applied.
	Section 303V provides that the true owner of the property may apply for its release.
	Section 303W provides that where no forfeiture is made, following seizure, the person from whom the property was seized, or the person to whom the property belongs, may apply to the court for compensation, where the circumstances are exceptional.
	Section 303X provides that the CPS or the Director for Public Prosecution in Northern Ireland (DPPNI) may appear in proceedings on behalf of a constable or an AFI, if asked to do so and if it is considered appropriate for them to do so.
	Section 303Y sets the minimum value threshold below which these powers do not apply. It also provides a power for the Secretary of State to amend this figure by Regulations.
	Section 303Z specifies that where an AFI makes an application under this section, subsequent steps in any proceedings can be taken by a different AFI of the same description.