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Cash Seizure & Forfeiture
Cash seizure and forfeiture proceedings often occur where a person is suspected of committing an offence contrary to the Proceeds of Crime Act 2002.
We have experience of legitimate explanations being ignored by the authorities, who often assume “drug dealer” or “tax evader” when somebody is stopped with a large amount of cash.
If this has happened to you, we are in a position to help.
Whatever stage your case is at in relation to cash seizure or forfeiture, it is never too late to obtain legal advice.
We have experience of dealing with cash seizure and forfeiture proceedings. We leave no stone unturned in order to have legitimate cash which has been seized restored to its owners.
Contact us for further assistance.
The Law
The Proceeds of Crime Act 2002 gives the Police and Customs Officers the power to seize cash in your possession.
If the police or customs officers find in your possession an amount of cash in excess of £1000, and if they have reasonable grounds for suspecting it is either the proceeds of crime, or to be used in unlawful activity, they may seize it and require you to provide an evidence of where the cash has come from.
An application will need to be made for further detention of the cash, this will need to be made to the Magistrates Court within 48 hours.
The Magistrates Court then have the power to allow ongoing detention of the cash for an initial period of 3 months. Further applications can be made periodically for the cash to remain seized whilst investigations are ongoing.
At the end of the investigation, the authorities will need to decide whether to return the money or make an application for forfeiture.
Should the authorities decide to proceed with a forfeiture application, the matters will be determined by a Magistrates Court in a contested hearing.
An order of forfeiture made by the Magistrates Court can be appealed to the Crown Court.