How to get cash returned after it is seized
The police can seize money from you if they suspect that you got hold of the money through crime, or you intend to use the money for crime.
But how do you get it back after it has been seized?
Option 1: Wait
Your first option is just to wait it out. If the police investigations finds that the cash is not linked to any criminal activity, then they will return it to you.
There are tight timescales that the police need to comply with. They have to conclude a hearing at the Magistrates Court within 48 hours of seizing the cash, and if they don’t manage to do that then the cash will be returned to you (unless it is also being retained as evidence in criminal proceedings).
Then they have six months to investigate. Before the six months is up, they need to apply for another order if they think they need more time. If they don’t manage to make the application before the first order expires, then they have to return the cash.
Option 2: Follow the instructions on the notice
When the police confiscated the cash from you, they might have given you a notice. The notice sometimes includes details about how you can reclaim the seized cash. This doesn’t always happen - it depends on which police force is in control. But it’s always worth checking and following those instructions.
Option 3: Apply to court
At any time, you can make an application to the court for the release of the cash (together with any accrued interest). If the court is satisfied that the cash is lawfully claimed by you, then it may order the release of the cash.
A successful application will be one that shows that there were no reasonable grounds to believe that you had the intent to use it for unlawful conduct, or that the cash was obtained through unlawful conduct.
You’ll need to collate compelling evidence to support your case, and we usually recommend that you have a lawyer on board at this stage. A lawyer can guide you through the process, help you make the application and advise you on the evidence that you need to show the court.
Forfeiture: Your money will not be returned
If the cash is ‘forfeited’, it means that it will not be returned. Usually it goes to the Home Office and the police. Sometimes it goes towards a compensation payment for any victims of the crime you are said to have committed.
Even if you are found innocent at the criminal proceedings, the police may still forfeit the money.
Can you get compensation if the cash was seized unfairly?
In theory, compensation is available to you. You’ll have to make an application to the court to say that you are seeking compensation.
The court can decide whether or not to give you compensation – there is no absolute right to it. You have to show that you suffered a loss, and the circumstances are exceptional.
However, in most cases, the court will say that the interest accrued on the cash while it was seized will be sufficient compensation, so they won’t give you any additional compensation.
If the cash was permanently taken away from you (or forfeited) then you can’t apply for compensation.
How a lawyer can help
A lawyer can advise you on the best steps to take in your situation. Depending on the facts of your case, the best strategy might be to wait rather than apply to court, and your lawyer can help you make a good decision on what to do. We can also help you prepare any application for the release of the money, or for compensation. Please get in touch if you’d like to know more.