Cash
The term ‘cash’ includes notes and coins in any currency, postal orders, cheques of any kind (including travellers’ cheques), bankers’ drafts, bearer bonds and shares, gaming vouchers, fixed value casino tokens and betting receipts found anywhere in the UK. The Secretary of State can specify any monetary instrument as cash.
Search and Seizure
The search and seizure provisions relating to cash closely mirror the search and seizure provisions in Chapter 2 of PoCA 2002.
Relevant officers and constables may search premises, vehicles and persons if they have reasonable grounds to suspect the presence of cash. Thereafter, they may seize cash if they have reasonable grounds to suspect that it is recoverable property (i.e. property obtained through unlawful conduct) or intended for use in unlawful conduct and is worth more than £1,000.
If the suspicion attaches to only part of a cash sum and it is not reasonably practicable to seize only that part, the entire sum can be seized but only if the part to which the suspicion relates exceeds £1,000 in value.
Detention and Release
Cash that has been seized may be detained to facilitate investigation and/or prosecution. Detention is possible for an initial period of 48 hours. The Magistrates’ Court can order detention beyond 48 hours, in six-monthly periods, subject to an upper limit of 2 years.
Anyone (including victims and owners) who claims that a sum of detained cash, or any part of it, belongs to them can apply to the Magistrates’ Court for its release.
Interest
Any cash detained beyond the initial 48 hour period is required to be paid into an interest bearing account and held there, unless it is required as evidence in proceedings. Any accrued interest is added to the value of the cash at the time of forfeiture or release. On payment of cash into an account, any portion to which suspicion does not attach must be released.
Notice, Objection and Set-aside
A senior officer may give notice for the purpose of forfeiting cash or any part of it. Anyone can object to a notice, including persons other than the recipient; however, if no objection is made within the period for objecting, which cannot be less than 30 days, the cash is forfeited. If a timely objection is made the notice lapses.
If cash is forfeited pursuant to a notice, an aggrieved person can apply to set-aside the forfeiture within 30 days. This time limit can be extended by the Court in exceptional circumstances.
Forfeiture
Applications for forfeiture can be made to the Magistrates’ Court during the period of detention. The Magistrates’ Court will order forfeiture of cash, or part thereof, if satisfied that all or part represents recoverable property or is intended for use in unlawful conduct.
Appealing a forfeiture order
There is a right of appeal to the Crown Court. Any appeal must be made within 30 days of the relevant order or decision. If the Court upholds an appeal against a forfeiture order it may order release of all or part of the cash.
Legal expenses
There is no provision for reasonable legal expenses from seized cash. Please consult our specialist lawyers in relation to potential alternative funding options.
Application of forfeited cash
Cash forfeited in pursuance of a forfeiture notice, together with any accrued interest, is paid into the consolidated fund.
Compensation for losses
If a sum of detained cash is not forfeited and the circumstances are exceptional, any person from whom the cash was seized or to whom the cash belongs may apply to the court for compensation, including any loss of interest attributable to a failure to pay the cash into an account at the first opportunity. The amount of any compensation will be an amount the Court considers reasonable.
How our experts can help
We can deploy a multi-disciplinary team of expert lawyers to seek release of cash, object to forfeiture notices, oppose forfeiture applications, appeal forfeiture orders, protect and advance third party interests and to pursue compensation.
We benefit from a wealth of in-house expertise and experience in civil recovery proceedings and enjoy enduring relationships with leading consultants, including specialist PoCA barristers, forensic accountants and other industry experts.
Free Initial Discussion
If a sum of cash has been seized from you, is the subject of a forfeiture notice or application or has already been forfeited, you should contact us as soon as possible.
Contact our lawyers by calling us on 0203 987 0222 or complete our enquiry form and one of our team will call you back. We can assist you wherever you are based.
