Cash Seizures

Under the Proceeds of Crime Act 2002, police, HMRC and certain other authorities can seize cash where they have reasonable grounds to suspect it is the proceeds of crime or intended for use in unlawful conduct. Cash can initially be detained for a short period and then, with court approval, for longer while investigations continue. 

Yes. Cash forfeiture proceedings are civil in nature and are usually dealt with in the Magistrates’ Court. The authorities do not need to secure a criminal conviction to obtain a forfeiture order. They must satisfy the court, on the balance of probabilities, that the cash represents criminal property or is intended for unlawful use. 

Cash can initially be detained for up to 48 hours without a court order. After that, continued detention requires authorisation from the Magistrates’ Court and can, in certain circumstances, be extended for up to two years while investigations continue. Early legal intervention is critical. 

Cash forfeiture is determined on the civil standard of proof, the balance of probabilities, rather than the criminal standard of beyond reasonable doubt. This makes it essential to present strong financial evidence and a clear explanation of the legitimate source of the funds. 

Our team provides urgent and strategic representation from the outset. We challenge the lawfulness of the seizure, scrutinise the evidence relied on, prepare detailed financial explanations and represent you at forfeiture hearings to seek the return of your money. 

Seek legal advice immediately. Do not provide detailed explanations or documents without first speaking to your solicitor. Preserve bank statements, invoices, tax records and any documents showing the legitimate source and intended use of the cash. Acting quickly can strengthen your position. 

It can. A cash seizure may form part of a wider investigation into suspected drug offences, conspiracy or other criminal conduct. Proper legal advice helps protect your position in both forfeiture proceedings and any related criminal investigation. 

Yes. If the Magistrates’ Court makes a forfeiture order, there is a right of appeal to the Crown Court within the prescribed time limits. Prompt legal advice is essential to preserve your right to challenge the decision.