Forfeiture & Cash
Forfeiture and Cash Seizure Proceedings
The police or customs office can seize cash if they have reasonable grounds to believe that the cash is recoverable property or intended for use in unlawful conduct, however the amount of cash should be over £1,000.00
Once the cash is seized then the authorities must make an application to a magistrates court within 48 hours (this excludes weekends, Christmas Day, Good Friday and official bank holiday) for an order for its continued seizure. The magistrates can only make such an order where it is satisfied that:
* There are reasonable grounds to support the officer’s suspicion; and
* That the continued detention is justified for the purposes of investigating its origin or intended use
Magistrates can also make an order for the continued detention if the authorities are considering bringing criminal proceedings or such proceedings have been commenced and not concluded.
At this hearing, the magistrate can hear from the defence and may release the cash in where it can be presented that it is not recoverable property and is not intended for us in unlawful conduct. In addition, where the authorities can be convinced that the detention can be no longer justified, may release the cash or any part of it after notifying the magistrates court.
The contents of a confiscation order are as follows:
* the amount of the confiscation order in sterling
* the date that the confiscation order is made
* the default sentence for non-payment of the confiscation order and that the service of a term of imprisonment in default will not remove the debt and notice that the enforcing magistrates court has no power to remit all or part of the order
* The time to pay should be specified on the confiscation order. To be deleted as appropriate:
o Payment is required forthwith
o Payment is to be made in full by……
o Payments are to be made as follows…..
* Interest is payable on the outstanding balance of the confiscation order from the date upon which the confiscation order is due to be paid. The rate of interest is the same rate as that for the time being specified in section 17 of the judgements Act 1838. The rate is currently 8% per annum.
Once you have a confiscation order you will need to check if the contents are correct and have all of the above elements.