Cash Seizure and Forfeiture

A customs officer or a police officer is allowed to seize cash of more than £1,000 from someone entering the country, or who is already in the country if it seems that:

• The cash has come from a criminal act
• The cash is going to be used illegally.

That cash can normally only be held for up to 48 hours unless a court order says that it can be kept for longer. The cash will normally be held in an account that carries interest until the court proceedings have finished.

The police can hold seized cash for up to 48 hours. If they want to hold it longer, they have to get permission from a judge (a court order). If the judge agrees, they can hold it for up to 90 days.

Police can increase the holding time by 3–6 months at a time, up to 2 years.

In the worst case scenario, if they can prove it was “more likely than not” your cash was illegally gained, or was going to be illegally spent, you won’t get it back. This is called forfeiture.

You might’ve had cash seized during a police stop and search, or by customs officers as you have come through border control into the UK.

Having large sums of money taken from you is frightening. Very few people know what to do, whether they can challenge it, or how to get it back.

A skilled lawyer will make sure the police or investigators are acting legally. We’ll start work immediately to defend you and your use of the money, and argue to have your money returned to you as soon as possible.

Even if you are later acquitted (or cleared) of a crime, a cash forfeiture might stay in place.

Investigators need proof to convict you of a criminal offence. But for forfeiture, they only have to show that illegal use of the money was “more likely than not”. So in some situations, people are able to clear their name, but lose the cash permanently.

This means a case like this is never “black and white”. But that’s what lawyers are expertly trained to handle. We’ll always explain to you what’s going on, how likely it is you will get your money back, and what a “best case scenario” looks like for you.

We usually take private payment (directly from you). If you can’t afford costs, or if your assets or accounts have been seized or frozen, we can help you understand whether you can get legal aid, and how to apply.

Legal costs can be an added worry on top of an extremely stressful situation – we will always be upfront about what we charge, and help you explore legal aid as a possible option.