At any point in a criminal investigation, the authorities can seize and detain money or assets suspected to have some connection with criminal activity. The main basis for this seizure is the Proceeds of Crime Act 2002 (POCA), though seizures can take place originally under the Police and Criminal Evidence Act 1984 (PACE) where the detained items are used as evidence or under other legislation such as the Anti-terrorism, Crime and Security Act 2001.

The authorities may also pursue civil recovery of cash or assets where they are unable to secure a forfeiture under a criminal standard of proof.

Having assets and cash seized can cause high levels of stress. Often, the cash is set aside for debts or other undertakings.

Why have my cash and assets been seized?

There are generally two grounds for cash or asset seizure. Either:

• The detained item is evidence (a brick of cash found next to a pile of individually wrapped units of a Class A controlled substance infers that the cash was generated by the sale of Class A drugs) or;
• It is suspected that it is the proceeds of criminal behaviour.

If the cash is seized as the proceeds of criminal behaviour, the authorities can apply to have the funds permanently forfeited.

Similarly, if an asset is suspected to be either used in the commission of a crime (i.e. a jewelled zombie knife) or was funded through money gained from criminal conduct, it can be seized and forfeited.

The POCA forfeiture procedure often follows the seizure of cash as evidence.

How much cash can be seized?

The amount of money which can be seized depends on the relevant law used to authorise the seizure, so it is important to identify which provision the authorities have used.

If the original seizure was made using PACE to retain the money as evidence, there is no minimum amount which can be seized.

Under POCA, however, the minimum amount which can be seized is £1,000. Therefore, if a sum of £500 was seized by a police officer under PACE as evidence for a case which then collapses, the money ought to be returned.

What assets can be seized?

Under the Criminal Finances Act 2017, the authorities may seize items representing a value of over £1000. This includes jewellery, watches, lump metals such as gold and silver and much more.

When can cash be seized?

It does not matter that cash is found on a property without an immediate owner, cash can be seized at any time if it fulfils the appropriate test. It can also be ‘re-seized’, meaning cash already under detention is seized via another legal provisions even if that money has not yet been returned to the owner.

The cash can be seized without a court order for up to 48 hours. Thereafter a court must approve the cash detention at least every six months that it is under detention.

What happens to the seized cash?

Detained cash is usually deposited in a bank account to earn interest unless it is to be used in court as a physical exhibit.

For how long will my cash or assets be seized?

The cash and assets can be detained for up to two years. If they have been under detention for two years, it must either be released or the subject of an application for forfeiture

How can I get my cash or assets back?

Those whose cash or assets has been seized can apply to the court for the cash release, which can be ordered by the court.

At ABV we have a dedicated team with a wealth of experience in criminal defence. Should you face any investigation, it is critical that you take immediate legal advice so you can benefit from the best possible defence. If proceedings are already underway, instructing a lawyer is still the best course of action.

Please call ABV Solicitors on 0344 587 9996 to speak to our specialists.