One of the many implications of the Proceeds of Crime Act 2002 concerned the extension of the law in regard to cash seizures. Indeed, thanks to the Act, cash can now be seized in any area of the jurisdiction, and there is no longer a necessity to establish an association with drug trafficking beforehand. The Act also ensures that, once seized, cash can be detained for a maximum of two years before the application for forfeiture of the cash is made.
The powers provided for under the Proceeds of Crime Act were perhaps most prominently reported following Operation Rize, when a number of safety deposit box companies were raided and the contents of those boxes seized under the Proceeds of Crime Act.
Under the terms of the Act, proceedings are initiated solely against property rather than any person. This means the proceedings are not criminal in nature, and do not result in a criminal conviction. However, before the property can be forfeited, it is necessary for the state to establish a likelihood that the property is either the proceeds of crime or intended to be used in crime. The Crown must establish this likelihood on the balance of probabilities, which is the same standard as in civil proceedings, but is notably less onerous than the criminal standard, which requires proof so that a court is sure of a person’s guilt.
This is a specialist and often bewildering area of UK law; it falls outside the range of traditional criminal law, although proceedings often run in parallel to an existing criminal investigation or prosecution. It is for this reason that anyone involved in a case involving cash forfeiture should draw on the expert legal advice and representation offered by Goldkorns Solicitors.
Our specialist staff are thoroughly knowledgeable and experienced with making applications for the release of detained cash. They are also very familiar with the processes for resisting applications for cash forfeiture and appealing cash forfeiture orders, covering seizures of cash from as little as £1,000 up to millions of pounds. We also continue to assist individuals and corporate clients who have lost property to seizures by the authorities.
Goldkorns Solicitors has a proud history of involvement in a number of well-known cases involving cash forfeiture, including some which have attracted considerable media attention during recent years. It is in part due to this experience that we can provide swift, advice following a seizure, working closely with the leading barristers in this field.
More information relating to our legal services concerning cash forfeiture can be obtained by contacting us using the contact details displayed on this website.