Under Section 294 POCA a customs officer or constable may seize cash if he has reasonable grounds for suspecting that the cash is recoverable property or intended for use in unlawful conduct. Seized cash can be retained for a period of up to 48 hours following which a Magistrates Court must be satisfied that there are reasonable grounds for the suspicion and that continued retention is justified for the purposes of investigating its origin or intended use, or if criminal proceedings are contemplated or have commenced but not yet concluded.

Section 300 POCA allows a Magistrates Court to order the forfeiture of the cash or any part of it if it is satisfied that it is recoverable property or is intended for use in unlawful conduct.

It was these powers that were widely utilised by the Metropolitan Police during Operation Rize (the search of approximately 7,000 safety deposit boxes at three London locations) which enabled the seizure of a vast quantity of cash.

We can assist with:

• Providing advice to those faced with a cash seizure
• Providing representation in cash seizure proceedings
• Challenging the validity of a cash seizure