Cash seizure: the police have seized cash belonging to me, what happens now?
When the police seize cash during a search or following an arrest, there are strict procedures that must be followed in order for them to detain the money.
The Law
The Police have 48 hours from the time they seize the cash to make an application in front of the Magistrates’ Court to detain the money.
In order to persuade the Court to grant an Order permitting the further detention of the cash, section 295 of the Proceeds of Crime Act 2002 (POCA) provides that the police must establish that:
- there are reasonable grounds for suspecting that the cash is recoverable property;
Or
- that there are reasonable grounds for suspecting that the cash is intended to be used in unlawful conduct;
And, that either-
- its continued detention is justified while its derivation is further investigated or consideration is given to bringing proceedings against any person for an offence with which the cash is connected;
Or
- proceedings against any person for an offence with which the cash is connected have been started and have not been concluded.
The Procedure
A police officer must make the application on oath in front the Court. The person whose cash has been seized (the Respondent) is entitled to attend the hearing and make representations.
It is advisable for a Respondent to be legally represented. The lawyer acting for the Respondent will be able cross examine the officer to question how credible the grounds are for making the application in the first place. A lawyer can also advise in advance on documentary evidence that should be presented to the Court to demonstrate that the cash is lawful. They can also advise whether the Respondent should prepare a witness statement to be put before the Court explaining why the cash is lawful or call the Respondent to give evidence live on oath.
