What Do Police Do With Seized Money? What you Need to Know

What Do Police Do With Seized Money? What you Need to Know

When the police seize money, it can be confusing and stressful. Understanding what do police do with seized money helps you know your rights and the process involved.

Key Takeaways

• Understanding Police Cash Seizures: The UK’s Proceeds of Crime Act 2002 allows police to seize cash if it’s believed to be linked to illegal activities. The minimum amount that can be seized is £1,000.
• Seizure Process and Legal Proceedings: Cash can be held for up to 48 hours without a court order. For longer periods, a detention order is required. Seized money can lead to both criminal and civil proceedings.
• Claiming Back Seized Money: If your money was legally obtained, you can apply for its return at a Magistrates Court. You’ll need to prove the money’s legal origin and that it won’t be used for illegal activities. It’s important to get legal advice from a solicitor experienced in criminal law and asset recovery.

The Legal Framework for Seizing Money

In the UK, the Proceeds of Crime Act 2002 (POCA) governs the seizure of cash by the police and other law enforcement agencies. They can seize cash if there are reasonable grounds to believe that the money is either the proceeds of unlawful conduct or intended for use in such conduct. The minimum amount that can be seized under this law is £1,000.

Reasons Why Police Seize Cash

Police officers might seize cash for several reasons:

• Drug trafficking: Money from the sale of illegal drugs.
• Money laundering: Funds involved in hiding the origins of illegally obtained money.
• Tax evasion: Money on which the appropriate taxes have not been paid.
• Stolen money: Cash obtained through theft or fraud.

These actions usually happen during a criminal investigation where there is suspicion of criminal activity.

How the Cash Seizure Process Works

When the police seize cash, they follow a strict process. Initially, the money can be detained for up to 48 hours without a court order. If they need to keep it longer, they must apply to a Magistrates Court for a cash detention hearing, which involves legal requirements for arranging the hearing and can extend the detention period up to six months. This period can be further extended in six-month intervals up to a maximum of two years if necessary for the investigation.

Forensic Examination and Interest on Seized Cash

Seized cash often undergoes forensic examination to detect traces of drugs or other evidence linking it to criminal conduct. If the cash is held for more than 48 hours, it must be placed in an interest-bearing account. This ensures that any interest accrued is added to the original amount if the money is returned to the owner.

Legal Proceedings and Proof Requirements

Money seized by the police can lead to both criminal and civil proceedings. It is important to notify relevant parties about any further court applications for cash detention. Criminal proceedings require proof beyond a reasonable doubt, while civil forfeiture cases are decided on the balance of probabilities. This means that even if criminal charges are not brought, the money can still be forfeited if it is more likely than not connected to criminal activities.

Distribution of Forfeited Money

If the investigation concludes that the cash is linked to criminal activity, the UK’s law enforcement agencies, with their wide-ranging powers under the Proceeds of Crime Act 2002, can seize and forfeit the money. Typically, half of the forfeited money goes to the Home Office, and the other half to the law enforcement agency involved. In some cases, funds might be allocated to specific community projects or given as compensation to victims of the crime.

How to Get Seized Money Back

If you believe your seized money was legally obtained, you can apply to the Magistrates Court for its return. You will need to provide evidence proving the money’s legitimate origin and that it will not be used for illegal activities. It’s crucial to seek immediate legal advice from a solicitor experienced in criminal law and asset recovery to help with this process.

Final Word

Understanding what do police do with seized money can help you handle the situation more effectively if it happens to you. Knowing your rights and the legal basis for cash seizure, seeking professional legal advice, and keeping detailed financial records are essential steps. If you find yourself in this situation, stay informed and proactive to protect your interests.

FAQs

Can I Get My Seized Cash Back?

Yes, you can potentially get your seized cash back. If you believe the money was legally obtained, you can apply to the Magistrates Court to have it returned. You will need to provide evidence proving the legitimate origin of the money and that it will not be used for illegal activities. Seeking immediate legal advice is crucial.

What Happens to Seized Cash if I Am Found Guilty?

If you are found guilty, the seized cash is typically forfeited. The funds are then split, with half going to the Home Office and the other half to the law enforcement agency involved. Sometimes, the money is allocated to community projects or given as compensation to crime victims.

How Long Can the Police Hold My Seized Cash?

Initially, the police can hold seized cash for up to 48 hours without a court order. To keep it longer, they must apply to a Magistrates Court for a detention order, which can extend the detention up to six months. This period can be extended in six-month intervals up to a maximum of two years if necessary.

What Is the Process for Seizing Cash?

The process begins with the police having reasonable grounds to believe that the cash is connected to unlawful conduct. Under the Proceeds of Crime Act 2002, this legal basis allows for cash seizures during criminal investigations. They can then seize cash and must follow legal procedures, including forensic examination and securing the money in an interest-bearing account if held for more than 48 hours.

Can Police Seize Cash Without Charging Me With a Crime?

Yes, under civil forfeiture laws, the police can seize cash without charging you with a crime. They only need to demonstrate that it is more likely than not that the money is connected to criminal activities. This is based on the balance of probabilities rather than beyond a reasonable doubt.

What Should I Do if My Cash Is Seized at an Airport?

If your cash is seized at an airport, it’s important to seek legal advice immediately. Airport seizures often involve different rules and may be processed under federal laws. An experienced attorney can help navigate the process and increase the chances of recovering your money.

What Happens to the Interest Earned on Seized Cash?

If the seized cash is held in an interest-bearing account, any interest accrued is added to the original amount. If the money is returned, the interest is included. If the money is forfeited, the interest also goes to the law enforcement agencies or other designated recipients.

Are There Specific Circumstances Where Cash Cannot Be Seized?

Cash cannot be seized if it is proven to be legally obtained and not intended for illegal use. Additionally, some exceptions may apply, such as money used for legitimate business operations or personal savings with clear documentation.

How Do I Prove That My Seized Cash Is Legal?

To prove that your seized cash is legal, you need to provide documentation such as bank statements, tax records, or receipts that show the legitimate source of the funds. An attorney can help compile and present this evidence effectively in court.

What If the Police Seize More Cash Than Is Connected to a Crime?

If the police seize more cash than is suspected to be connected to a crime, they must return the excess amount. The investigation will determine the exact portion of the money that is linked to unlawful conduct, and any unconnected funds should be returned to the owner.