Successful Recovery of Cash Seizure
KANGS Solicitors recently represented a client who was being investigated in relation to offences relating to alleged human slavery. As part of the process, our client was interviewed under caution and documents and a cash seizure of over £50,000.
John Veale of Kangs Solicitors outlines the procedure.
Proceeds of Crime Act 2002 (‘POCA’)
Investigating authorities have the power under POCA to seize cash, when found in amounts in excess of one thousand pounds where:
- they believe that it represents the proceeds of crime or
- that it is intended for use by any person in the pursuit of unlawful conduct.
Continued Detention of Cash
POCA enables cash to be seized initially for forty eight hours after which the investigating authorities, should it be wished to retain the cash for a longer period of time, have to apply to the Magistrates’ Court for:
- a Court order for it to be retained for a further six months and
- thereafter for extensions to the order for leave to hold the cash for up to two years from the date when the first Court order was obtained.
Cash Seizure & Forfeiture
The authorities may apply to the Magistrates’ Court at any time for cash to be forfeited at which time:
- it is not necessary that the person from whom the cash was seized has not been charged with a criminal offence
- it is up to the person from whom the cash was seized, or other interested party, to show to the Court that, on balance the cash, does not represent the proceeds of crime and that it is lawfully claimed.
How We Were Able To Assist Our Client
In these particular circumstances, we were able to secure the return of the cash without the need for an application to the Magistrates’ Court as the result of:
- attending our client, taking detailed instructions and discussing the circumstance at length
- presenting submissions to the police financial investigator
- submitting cash books, receipts and other documentation that showed the cash did not represent the proceeds of crime but derived from our client’s legitimate car dealing business.
In addition to the successful recovery action conducted on behalf of our client, no further action was taken against him in regard to the criminal allegations.
Naturally, our client was extremely pleased with the outcome.
How Can We Assist You?
At KANGS we have an experienced team defending clients in all aspects of the criminal law on a daily basis and who are very well versed in POCA, cash seizures and all manner of restraint procedures.
Our team is led by Hamraj Kang who is recognised as a leading expert in the field by both legal directories Chambers & Partners and the Legal 500.
Other members of the team are ranked in the Legal 500 and also ranked in Chambers & Partners.
Please do not hesitate to contact any of the following who will be happy to discuss your problem with you:
Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888
John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396
Tim Thompson
tthompson@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396
