Having cash seized under the Proceeds of Crime Act (POCA) can be a distressing and frustrating experience. No matter the context of the cash seizure, it is vital to act quickly to challenge the detention and safeguard your assets. These are high-stakes proceedings that require expert legal guidance from the outset.
If you believe your cash has been unfairly seized or that the authorities have acted outside of their powers, we are here to help you contest the decision. Our experienced solicitors will examine the circumstances surrounding the seizure, gather supporting evidence, and take steps to recover your money wherever possible.
At Carson Kaye, our expert cash seizure solicitors in London are recognised for achieving positive outcomes for clients facing cash forfeiture proceedings, including successful challenges to seizures made without lawful justification or where the source of the cash can be legitimately explained.
Cases involving cash seizure demand precise knowledge of POCA procedures and the ability to respond swiftly and strategically. A portfolio of clients across London and nationwide trust our firm to handle sensitive asset recovery matters with discretion, rigour, and a honed focus on results.
Our cash seizure solicitors in London can assist with various matters, including:
- How to Challenge and Recover Seized Cash
- Legal Defence Against Cash Forfeiture
- Navigating Proceeds of Crime Act (POCA) Proceedings
- Immediate Legal Support for Seized Cash Matters
Contact our Cash Seizure Solicitors
If your cash has been seized, don’t delay in seeking legal action. Contact our specialist cash seizure solicitors today by calling 020 8075 4147 or emailing info@carsonkaye.co.uk – a member of our team will be in touch promptly.
Why Choose Our Cash Seizure Solicitors?
At Carson Kaye, we provide tailored legal representation for individuals and businesses caught up in cash seizure investigations. Our prosecutions solicitors combine technical expertise with a practical, client-focused approach, working diligently to protect your assets and uphold your rights under POCA.
Our team is ranked Tier 2 by The Legal 500 for our work in complex criminal litigation, which reflects our dedication to achieving results in challenging and high-profile cases. We regularly act in cases involving cash seizure and forfeiture, offering proactive advice and robust representation at every stage of the process.
Whether you are facing a detention hearing, preparing to challenge a forfeiture application, or seeking advice on how to recover seized funds, we can guarantee clarity, tenacity, and discretion to every case we handle, fighting for your interests at each stage. Our clients in London and across the UK attest to our expert support throughout any case.
What Happens After Cash is Seized?
When the police seize money under suspicion of criminal activity, the process that follows is governed by the Proceeds of Crime Act 2002 (POCA). A POCA cash seizure typically occurs if the authorities believe the money is either the proceeds of crime or intended for unlawful use. This can happen at borders, during searches, or in routine stops.
Once the cash (amounting to £1,000 or more) is taken, the police must apply to a Magistrates’ Court within 48 hours to obtain permission to retain it for an initial period of up to six months while they investigate.
During this time, the authorities will examine financial records, interview relevant parties, and gather evidence to support a potential cash forfeiture application. The investigation may focus on the origin and intended use of the funds, and whether there is a link to criminal conduct such as drug trafficking, fraud, or money laundering. Sometimes, the investigation period can be extended for up to two years.
If the authorities believe there is sufficient evidence, they will apply for a formal forfeiture order. However, the person from whom the police seized money can challenge this in court. Recovering seized cash involves presenting documentation and arguments that show the money is lawfully obtained and intended for legitimate purposes.
Throughout this process, legal advice is vital. Engaging a solicitor experienced in POCA cash seizure cases can significantly increase your chances of a successful outcome. They can assess the legality of the seizure, gather supporting evidence, and argue your case before the court.
Our Cash Seizure Services
How to Challenge and Recover Seized Cash
Our solicitors provide expert support in challenging the seizure of cash by law enforcement agencies. We assess the legality of the seizure and help gather compelling evidence to prove that the funds are legitimate, ensuring that your interests are protected with due diligence throughout.
From submitting representations to contesting forfeiture proceedings, we guide you through every step of the recovery process. Our aim is to secure the prompt return of your money wherever possible.
Legal Defence Against Cash Forfeiture
If you're facing cash forfeiture proceedings, our experienced solicitors can build a robust defence on your behalf. We analyse the prosecution's evidence, identify procedural flaws, and present clear, lawful explanations for the cash in question.
No matter whether the case involves allegations of criminal conduct or financial irregularities, we ensure your side is heard. Our goal is to challenge unjust forfeiture and protect your financial interests.
Navigating Proceeds of Crime Act (POCA) Proceedings
We offer tailored legal advice and representation for individuals and businesses involved in POCA cash seizure matters. Our team have in-depth experience in managing the complexities of POCA investigations and court applications. From early intervention to defending against forfeiture, we help minimise disruption and protect your assets while informing you clearly on your rights under this complex legislation.
Immediate Legal Support for Seized Cash Matters
Cash seizures can happen suddenly and without warning, so fast legal action is essential. Our solicitors are available to provide urgent advice and representation to protect your rights and assets.
Our cash seizure solicitors act quickly to review the circumstances, prevent further action, and begin the recovery process. Early intervention can make a significant difference in challenging the seizure and recovering your money.
FAQs about Cash Seizures
Can I Get My Seized Cash Back?
Yes, it is possible to recover seized cash, but it depends on the circumstances of the seizure and the evidence presented. Cash is usually seized under the Proceeds of Crime Act 2002 (POCA) if authorities suspect it is linked to criminal activity or intended for unlawful use. However, suspicion alone is not proof.
If you can provide legitimate explanations for the cash's origin, purpose, and intended use, you may be able to challenge the seizure.
Once cash is seized, the authorities must apply to the Magistrates’ Court within 48 hours to retain it for up to 6 months while they investigate. During this time, you have the right to contest the seizure and apply for the return of your money.
If the case proceeds to forfeiture, the authorities have to show whether the cash is the proceeds of crime or intended for unlawful conduct.
What Evidence is Needed to Successfully Recover Seized Cash?
To recover seized cash, you'll need to present credible, documented evidence demonstrating that the funds are lawfully obtained and intended for legitimate purposes. The strength of your evidence can significantly influence the outcome of the case.
Acceptable proof often includes bank statements showing cash withdrawals or transfers, business records if the cash relates to commercial activity, payslips or invoices, and tax returns that illustrate a consistent pattern of income or cash handling.
If the cash was for a specific purpose, such as buying a car, paying for medical treatment, or a personal transaction, you should provide contracts, receipts, or written communications to back up your claim. Witness statements can also support your case if someone else was involved in the transaction or can confirm the source.
How Long Does the Cash Forfeiture and Recovery Process Take?
The timeframe for the cash forfeiture and recovery process can vary significantly depending on the complexity of the case, the strength of the evidence, and how quickly both parties engage with the process.
Initially, when cash is seized under the Proceeds of Crime Act 2002, the authorities have 48 hours to apply to a Magistrates’ Court for permission to retain it. The court may allow them to hold the money for up to six months while they investigate. In some cases, this investigation period can be extended to a maximum of two years if the court is satisfied that further inquiries are necessary.
What Should I Do If Accused of Money Laundering Related to Cash Seizure?
If you’re accused of money laundering following a cash seizure, you must act quickly and obtain expert legal advice. Money laundering allegations are serious and can result in criminal charges, forfeiture of your assets, and reputational harm.
You should not attempt to explain yourself informally to investigators without a solicitor present, as anything you say may be used as evidence against you. Your solicitor will assess the allegations and help you understand the basis for the suspicion.
They’ll work with you to gather documentation and build a defence demonstrating both the lawful origin and intended use of the cash. Evidence might include employment records, banking history, loan agreements, or transaction receipts; essentially, anything showing the funds are not linked to criminal conduct.
At Carson Kaye, our legal team can carefully represent you in police interviews or court hearings, ensuring your rights are protected. They can also explore whether the seizure was lawfully conducted and whether any procedural errors occurred. Prompt, professional support is crucial for an effective defence and protecting your assets and future.
Contact our Cash Seizure Solicitors
If your cash has been seized, don’t delay in seeking legal action. Contact our specialist cash seizure solicitors today by calling 020 8075 4147 or emailing info@carsonkaye.co.uk – a member of our team will be in touch promptly.
