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Police Cash Seizure

  • Writer: Ben Baker
    Ben Baker
  • 11 minutes ago
  • 6 min read

This article intends to set out the rules in relation to the seizure of cash by the Police and other authorities, and the common pitfalls encountered in criminal matters where seizure of this type of property has taken place.

 

What is cash seizure?

 

Cash can be seized by relevant authorities as part of an investigation. There are potentially serious ramifications for those who seize cash without regard to the requirements of the law, and for those whose cash has been seized. These requirements differ depending on the amount of cash seized.

 

Why are the Police allowed to seize cash?

 

The law regarding seizure of cash is governed by both the Police and Criminal Evidence Act 1984 (‘PACE’), and the Proceeds of Crime Act 2002 (‘POCA’).  The rules differ depending on the amount of cash seized.  PACE governs the seizure of cash under £1000 in value, with POCA stepping in once the £1000 threshold is reached.

 

Seizure of cash under £1000

 

Section 19 of PACE provides for a general power of seizure, which incorporates cash as a tangible form of property.

 

Section 19 (2) states that property may be seized where an officer has reasonable grounds for believing:

 

(a)   The property has been obtained through the commission of an offence (i.e., from dealing drugs);

 

(b)   The seizure is necessary to prevent loss, alteration, concealment or destruction of this type of evidence.

 

Section 19 (3) provides further circumstances in which an officer may seize cash, being:

 

(a)   That the property represents evidence in relation to an offence they are investigating, or any other offence.

 

Section 22 of PACE allows an officer to seize cash of up to £1000 should they have reasonable grounds to suspect that it belongs to another person, and so the seizure may be affected in circumstances where the rightful owner is to be sought out. Again, the officer must also have reason to believe that the cash was obtained in relation to the commission of a criminal offence.

 

Cash under £1,000 seized under PACE  – can the police keep it forever?

 

The short answer here is, no, the police cannot keep the cash forever. If the cash totals less than £1000, it will be seized under PACE and the usual rules on seizure and detention of evidence apply. In a nutshell, the police are likely to justify continued detention of the cash as an exhibit if the investigation is ongoing and the cash remains a relevant piece of evidence in that case.

 

If the case concludes, and you are acquitted or the police investigation is brought to an end by way of No Further Action, the police must return the cash and all other items seized from you, without delay.

 

There are other limits which apply to the police in continually detaining property as part of an investigation, such as the requirement to return it where copies of the evidence are sufficient, however, this is often unlikely given the cash would constitute criminal property and as such will not be returned until the case concludes.

 

If you are convicted of a crime concerning the cash, for example supplying controlled drugs or money laundering, the Judge is likely to order that the cash is forfeited. This will mean that you will lose the cash permanently. The procedure for forfeiture and destruction at the end of a case is outside of the scope of this article, but it is generally regarded as a legal certainty if convicted of offences where the cash constituted criminal property.  Additionally, it is important to note that for certain types of offences, confiscation proceedings under POCA may be pursued and the cash may form part of the available amount. 

 

Seizure of cash £1000 and over

 

Once the monetary value of cash reaches £1000, the appropriate power to seize is provided by section 294 POCA. In order to seize cash under POCA, section 294 provides that the officer must have reasonable grounds that the cash:

 

(a)   Is recoverable property (i.e. property obtained through unlawful conduct per s304); or

 

(b)   Is intended for use in unlawful conduct

 

Cash over £1,000 seized under POCA  – can the police keep it forever?

 

It is a common misconception that the police are able to seize any cash they find and detain it until the conclusion of the investigation, or the conclusion of criminal proceedings. The short answer is, they can’t.

 

The police or relevant seizing authority are unable to detain the cash for a prolonged period without first applying to the Magistrates’ Court for permission to do so. The initial power to seize is only for a duration of up to 48 hours – as provided for in section 294 POCA 2002.

 

Should the police seek to detain the cash for longer than 48 hours, an application must be made in writing to the Magistrates’ Court. The individual who owns the cash must be given an opportunity to make representations in relation to the seizure (using POCA Form A).

 

How do I get my money back from the police when they have seized over £1,000?

 

At the Magistrates’ Court hearing, the applicant (usually a police officer from the relevant force) will apply to the court for continued detention of the cash. That application should be supported with evidence as to why the police think that the money comes from criminal conduct. They will also need to include detail on how long they are applying to keep the cash for.

 

The respondent (the person whose cash has been seized) will have the opportunity to respond to the application in court. This is where it is wise to instruct a Solicitor, as arguments may need to be prepared and advanced that demonstrate why the suspicions held by the prosecuting authorities may be misguided or flawed entirely.

 

The Magistrates or the District Judge hearing the case will then need to consider whether, on the balance of probabilities, the cash may have come from criminal conduct. If they feel that the police have good reason to suspect the cash comes from such a source, the application is likely to be granted. If they feel that the police cannot justify the continued detention, they will refuse the application and the cash will be returned without delay.

 

The court may also decide to grant the application, but to limit the time the police may detain the cash for. For example, the police may ask for 3 months extra time, but the defence may be able to demonstrate that the checks can reasonably be completed within 1 month and so the court has the power to order 1 month instead.

 

When responding to these applications, it is always helpful to have evidence where possible of the source of the cash. For example, if you state that the cash seized came from the sale of your family vehicle, it would help to produce the record of sale and bank statements showing the date the buyer paid monies into your bank account. If the cash seized comes from a variety of sources, a witness statement from you (and perhaps others, for example, the buyer of the vehicle) setting out that information and providing exhibits to support your evidence, would also assist in tackling the application to detain the cash for a longer period of time.

 

 

Cases where the correct procedure is not followed by the Police after seizing cash


 

Our firm recently acted for a client who reported that £30,000 had been seized by police after a search of their home was carried out.

 

We quickly recognised that the officer in charge of the investigation had failed to seize the cash under the correct legislation. We discovered that the 48-hour window for the relevant forms to be served on the court and our client had passed – this seizure took place almost 12 months prior to the client contacting us.

 

By probing to obtain more information, it became apparent that the investigating officer were not aware of the correct procedure and therefore the cash had to be returned because it was seized unlawfully.  Further, should criminal proceedings be instigated, questions of admissibility of the cash can be challenged. 

 

The Police have to account for interest on the sum seized because of the requirement that the cash has to be placed into an interest bearing bank account within the initial 48-hour window.

 

 

Conclusion

 

Being aware of the correct procedure and the process to follow is crucial as this can have a direct impact on having funds returned – both to ensure the authorities have taken the correct steps but also to ensure you make the correct challenges in the appropriate format and timing in the proceedings. 



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Legal disclaimer: Articles are intended as an introduction to the topic and do not constitute legal advice. The information contained herein is accurate at the date of publication but please note that the law is ever changing and evolving.

 

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