If cash is discovered during a police search and the authorities reasonably suspect it is the proceeds of crime or intended for unlawful use, they can seize it immediately under the Proceeds of Crime Act (POCA). The money may be detained while an investigation takes place and, in some cases, the police may apply for permanent forfeiture.
Kings Solicitors specialise in challenging cash seizure and cash forfeiture applications, securing the return of money for both individuals and businesses.
Why Was Your Cash Seized?
Cash may be seized if officers suspect:
- It is the proceeds of criminal conduct
- It is intended for use in unlawful activity
- It is connected to drug supply, fraud, tax evasion or other financial crimes
The threshold for seizure is low—police only need reasonable suspicion, not proof. However, to keep the cash or apply for forfeiture, they must justify it in court.
How Do You Get Your Seized Cash Back?
To recover cash, you must show—on the balance of probabilities—that:
- The money is not intended for criminal activity; and
- It did not originate from illegal conduct.
This may involve providing:
- Evidence of legitimate income
- Bank statements and accounting records
- Proof of trading, savings or business activity
- Source of cash explanations (e.g., sale of assets, wages, gifts, or family loans)
Kings Solicitors prepare detailed evidence bundles to rebut police suspicion and secure early return of cash. Acting quickly is essential because the police can apply for repeated extensions of detention.
What We Can Do for You
We represent clients in two key types of cash seizure proceedings:
1. Applications for the Return of Cash
For individuals whose money has been seized, we:
- Challenge the legality of the seizure
- Demand disclosure of the basis for suspicion
- Prepare source-of-funds evidence
- Oppose applications for continued detention
- Apply for the immediate return of cash
2. Intervening on Behalf of Third-Party Owners
Sometimes cash seized from one person actually belongs to someone else (e.g., a business, employer, family member or corporate entity).
We act for third parties to prove ownership and recover their money even if:
- The person from whom it was seized is under investigation
- The police claim the cash is linked to wrongdoing
- The true owner had no involvement in the alleged offence
Why Early Legal Advice Matters
Police cash seizure cases move quickly. The authorities may apply to detain the cash for up to two years. Early intervention gives you the best chance to:
- Prevent long-term detention
- Avoid forfeiture
- Challenge the police’s assumptions
- Provide a clear and legitimate explanation for your funds
Kings Solicitors provide urgent, proactive representation to maximise your chance of securing the full return of your money.
FAQs
1. Why did the police seize my cash?
Cash can be seized if officers reasonably suspect it is linked to crime or intended for unlawful use. This does not require proof—only suspicion.
2. How long can the police keep seized cash?
The police can apply for detention for up to two years while they investigate. Detention must be approved by a court.
3. Can I get my seized cash back?
Yes. You can apply for the return of cash by proving it is legitimate and not connected to criminal activity.
4. What evidence do I need to prove my cash is legitimate?
Evidence may include bank statements, payslips, invoices, sales documents, business accounts and written explanations of the source.
5. Can a business claim ownership of cash seized from someone else?
Yes. Kings Solicitors frequently intervene on behalf of third-party owners such as companies, employers and family members.
6. Do I need a solicitor for a cash seizure case?
Yes. Cash seizure law is technical, and early legal intervention greatly increases your chance of getting your money back quickly.
