Cash seized from car. What do I do now?
When the police seize cash from your car, it’s because they suspect that the cash is linked to criminal conduct. The police have the right, and the power to seize this cash under the Proceeds of Crime Act 2002 (usually referred to as ‘POCA’).
What do we mean by ‘linked to criminal conduct’? It could be that they suspect you of drug trafficking, or they suspect that you stole the money during a burglary. It can even be the case that they think you have received cash-in-hand income that you have not declared on a tax return.
It’s anything that suggests that you got hold of the money through crime, or you intend to use the money for crime.
How much can the police seize?
There is no maximum amount that the police can seize from you. Usually they will seize all of the cash that they find.
But there is a minimum amount. Police can only seize cash from you if it is more than £1,000 (in any type of currency).
What happens next
Immediately after they seize the cash, the police will give you a receipt for the amount they have confiscated. You’ll be asked to sign this receipt and the police will keep a copy for their file.
Then they get the courts involved. They go to the Magistrates Court to make an application to detain the cash for a period of up to six months. They have to make this application to the court within 48 hours of the seizure.
You’ll know when it happens because you’ll receive a ‘POCA Form A.’ This notice will tell you where and when the hearing will take place. It is likely to take place at your nearest Magistrates Court. You can go along if you want to, but it’s not essential that you attend.
If the order is granted, the police have six months to investigate where the cash came from.
If they decide that they need more time, then they can apply to the court again after the six months is up. The Magistrates Court can give them permission to keep the money for up to two years (ordered in six month intervals).
You’ll know if the police have been given permission for more time to investigate because you’ll receive a ‘POCA Form C ‘to inform you that the cash has been detained for a longer period.
Can I challenge the seizure?
You can challenge the seizure at any of the hearings. But it’s always best to seek legal advice before you do. A lawyer can help you prepare arguments, and collate the evidence to show that your money was acquired by legal means.
The biggest risk of making a challenge at the hearing is that if you don’t win, the police may seek costs against you. This means that you will be liable to pay for their costs of preparing for the contested hearing.
Your other option is simply to wait. The police will return the money to you after their investigation if they find no evidence of association with criminal activity. Find out more about how to get cash returned after it is seized in this blog.
Where does the cash go?
Initially, the police will put the cash into an interest-bearing account, provided is isn’t being used as evidence in a criminal investigation.
What happens after the criminal proceedings are finished?
When the police have finished their investigations, they will either return the money to you, or forfeit the money, which means that they take the money from you permanently.
If the money is forfeited, then it usually goes to the Home Office and the police. Sometimes, the money is given to the victim of your crime as compensation. Or it might go to community projects.
When to instruct a solicitor
If you’d like to discuss your situation, or contest the reasons why the police have seized cash from you, please get in touch. We can explain your rights to you and make an assessment on how strong your case is. We’ll also help prepare a defence for you and represent you in court hearings.