Proceeds of crime
R (on the application of the Chief Constable of Greater Manchester Police) v City of Salford Magistrates’ Court R (on the application of Sarwar and Sons (Knitwear) Ltd) v Chief Constable of Greater Manchester Police [2008] All ER (D) 272 (Jul), [2008] EWHC 1651 (Admin)
In considering s 295 of the Proceeds of Crime Act 2002 (which deals with detention of cash following seizure) at an interim stage of a police investigation, the test for the court to consider was whether or not criminal monies had been a material contribution to the acquisition of restrained monies. It was in essence a lower threshold than that required under s 298.
The district judge was therefore not asking himself the right question—which was whether there were reasonable grounds for suspecting that this money derived to a material degree from the labour of people whom it was a criminal offence to employ, and whether its further detention was justified pending investigation of its derivation, or consideration was given to bringing proceedings against any person “for an offence with which the cash is connected”. Instead he
