Police can seize cash under the Proceeds of Crime Act (POCA) 2002 if they have reasonable grounds to believe that it was unlawfully obtained, or will be used to commit a crime. The cash can be detained for six months, although this can be extended up to a maximum of two years.

Are you under a criminal investigation?

If your cash or other assets have been seized during a criminal investigation, please contact us at Ashmans Solicitors. We have a leading team of criminal defence solicitors ready to help you. We are available to take your call 24 hours a day, 7 days a week.

Can the police take cash off you?

The police can take cash off your person if they have reasonable grounds to believe that:

  • It was obtained by unlawful conduct; or
  • It is intended for use in unlawful conduct

You do not have to be arrested or formally charged in order for the police to seize cash. However, the Proceeds of Crime Act does not give officers the authority to demand a strip search or an intimate search.

Can the police take money from your house?

The police can also take cash from your house, business, car or other premises, subject to them having a search warrant. Again, cash can only be seized if the police have reasonable grounds to believe that:

  • It was obtained by unlawful conduct; or
  • It is intended for use in unlawful conduct

How much money can the police seize?

If cash is seized under the Proceeds of Crime Act 2002, the value of the cash must be at least £1,000. There is no upper limit, so the police could in theory seize hundreds of thousands of pounds. Cash includes bank notes, coins, bank drafts, bonds and cheques in any currency.

Money that is held in a bank account or building society can also be ‘frozen’ under the terms of a freezing order.

The police can seize cash worth less than £1,000 under the Police and Criminal Evidence Act 1984, but specific circumstances apply which are not discussed here. This article focuses on cash seizures under POCA 2002.

How long can the police keep my money?

Once cash is seized, the police can initially keep it for 48 hours. If the police want to detain the money for longer, they must get a court order from the Magistrates’ Court. They have 48 hours (not including weekends and bank holidays) to get this order.

If the court approves, it will issue an order allowing the police to keep the money for a period of six months. The police can request time extensions every six months, up to a period of two years.

Subject to these time limits, the police can keep seized cash for the duration of a criminal investigation. It will only be returned to you if the criminal investigation is closed, or you successfully challenge the seizure.

What happens to cash that the police seize UK?

Cash that is seized must be sorted into:

  • Money that is linked to crime; and
  • Money that is not implicated in crime

Cash that is not implicated in the commission of a criminal offence (or the possible commission of a criminal offence) must be returned to you. The remainder must be placed in an interest-bearing account. It must remain in this account until the cash is either released back to you, or officially confiscated under the Proceeds of Crime Act. Either way, any interest that has accrued must be added to the balance once it is released or forfeited.

Confiscation under the Proceeds of Crime Act

If the authorities believe that the cash is linked to unlawful conduct, you may face confiscation proceedings under the Proceeds of Crime Act 2002. This is known as ‘forfeiture’ and it means the cash will be permanently removed from you. No criminal conviction is needed for forfeiture to take place. So, even if you are found not guilty by a criminal court, the authorities can still make a forfeiture application.

Cash forfeiture takes place under civil law, so a lower standard of proof is needed than the one used in criminal cases. For cash forfeiture, the authorities must prove ‘on the balance of probabilities’ that the money was gained from (or would be used for) criminal activity.

Where do forfeited assets go?

If the court agrees that cash should be forfeited, the proceeds will be split between the Home Office and the police. The court may also order a certain sum to be paid to victims of the crime as a form of compensation. Sometimes, funds are allocated to community programmes.

How do I get my seized cash back?

If the police have seized your cash, you will understandably want to get it back. Your options are to:

  • Wait – if the police decide that the money is not linked to criminal activity, then there is no justification for detaining it and the cash must be returned to you (with interest).
  • Apply to get the money back – or, you can make an application to the Magistrates’ Court to have the money returned. You must prove that the money was not made through illegal activity, nor will it be used for illegal activity.

Get further help

If cash has been seized and you want to discuss your options, please contact us at Ashmans Solicitors. As leading criminal defence solicitors, we can represent you throughout a criminal investigation.

If appropriate, we can make an application to have your cash returned to you. The wording of this application requires careful consideration, as it is necessary to prove on the balance of probabilities that the funds were obtained lawfully, and will not be used for criminal activity.

We can also help you navigate any forfeiture proceedings that are brought following your conviction/acquittal. We are highly experienced in defending proceedings brought under POCA, including freezing orders, confiscation orders and restraint orders.

Call us on 0333 009 6275. We are available 24 hours a day, 7 days a week.

You can also email us on enquiries@ashmanssolicitors.com or complete our Free Online Enquiry Form and we will contact you.

Police seizure of cash – frequently asked questions

Can the police seize cash?

Yes, the police have the power to seize cash under various legislation, including the Proceeds of Crime Act 2002. However, the police must not seize cash without reason – there are strict criteria that they must obey.

How much cash can the police seize?

If cash is being seized under POCA 2002, there is a minimum value of £1,000. There is no maximum limit.

How long can police detain cash for?

The police can detain cash for 48 hours without a court order, and up to six months with a court order. The police can request a time extension every six months, up to a maximum of two years.

Will I ever get my cash back?

You will get your cash back if the police close the criminal investigation or you make a successful application the Magistrates’ Court. If you make an application, you must prove that the cash was lawfully obtained and will not be used for criminal activity.

Can the police keep my cash forever?

No, after a certain amount of time the police must either release the cash back to you, or request that it is forfeited. If the court agrees that the cash should be forfeited, you will not see that money again. Instead, it will be shared out between the police, the Home Office and potentially some other parties.

Can a solicitor help me?

Our criminal defence solicitors can help you get your cash back and/or challenge forfeiture proceedings. Call us on 0333 009 6275. We are available 24 hours a day, 7 days a week.

You can also email us on enquiries@ashmanssolicitors.com or complete our Free Online Enquiry Form and we will contact you.