Under the Proceeds of Crime Act 2002 a police constable or indeed a customs officer may seize cash if he has reasonable grounds for suspecting that the cash is recoverable property or intended for use in unlawful conduct as long as the sum seized is in excess of the minimum amount which currently stands at £1,000.
Seized cash may not be detained for more than a period of 48 hours unless directed by a magistrate. In order to be detained further, a magistrate has to be satisfied that there are reasonable grounds for the officer’s suspicion and that the continued detention of the seized cash is necessary for the purpose of investigating not only the source of the money but also its intended use.
Magistrates often make an order for continued detention of the cash if consideration is being given to instigate criminal proceedings, or if such proceedings have been commenced and not concluded. A Magistrates Court can order the detention of the cash for up to 90 days at a time so its source can be investigated. This process can be repeated for up to two years. At any time during this period the police or customs can apply to keep the cash permanently.
The Magistrates Court may release the cash in response to an application by the person from whom the cash was seized on the grounds that it is not recoverable property and is not intended for use in unlawful conduct. The person will often need to provide documentary or corroborative evidence to satisfy the court of its legitimate nature otherwise the cash may be forfeited.
Proving the source of cash, which effectively is what one is required to do, can be difficult and often requires detailed consideration of financial documents.
Should you be subject to cash forfeiture proceedings, please contact our specialist POCA solicitors who have experience in dealing with POCA proceedings.
Legal aid is rarely available in proceedings under this draconian legislation but expert legal advice is absolutely critical.
Sheppards Solicitors have represented many clients in cash seizure hearings, successfully recovering seized cash on many occasions.
