Appeal court clarifies law on seizure and retention of suspected proceeds of crime

Court of Appeal, in a consultative case stated, determines that cash seized under section 7 of the Criminal Justice Act 2006 can be subsequently seized under section 38 of the Criminal Justice Act 1994. The court held that the original seizure of cash during a warranted search did not preclude a subsequent seizure under different statutory powers when the cash was suspected to be the proceeds of crime. The Court of Appeal found that the Circuit Court judge was entitled to state the case for determination and that the procedural objections raised were not well-founded. The Court of Appeal's decision affirms that the word "shall" in section 7 of the Criminal Justice Act 2006 is not mandatory in excluding other statutory provisions for dealing with seized cash, thus providing clarity on the application of the Police Property Act 1897 in such circumstances.