Samir Pasha on Cash Seizures Under POCA: How a Criminal Barrister Can Help

Having cash seized by police, Border Force, or HMRC can be a shocking experience. Under the Proceeds of Crime Act 2002 (POCA), law enforcement agencies have extensive powers to seize and potentially forfeit cash they suspect is linked to criminal activity or intended for use in crime. Understanding your rights and acting quickly is essential to recovering your money.

How Cash Seizure Powers Work

Authorities can seize cash of £1,000 or more if they have reasonable grounds to suspect it represents proceeds of crime or is intended for unlawful use. Seizures commonly occur at airports, ports, during traffic stops, or at business premises. You don’t need to be arrested or charged with any offence for your cash to be taken.

Once seized, the authorities can detain the cash for up to 48 hours initially, then apply to a magistrates’ court for extensions of up to two years whilst they investigate. If they believe the cash is recoverable property, they’ll seek a forfeiture order, meaning you lose the money permanently.

The Burden of Proof

Whilst criminal prosecutions require proof beyond reasonable doubt, civil forfeiture proceedings under POCA operate on the lower “balance of probabilities” standard. This means the authorities only need to show it’s more likely than not that the cash is linked to crime. The burden often shifts to you to prove the legitimate origin of the funds—a challenging task without proper legal representation.

How a Criminal Barrister Can Protect Your Interests

A specialist criminal barrister can challenge cash seizures at every stage. We can represent you at detention hearings to oppose extensions, argue against forfeiture applications, and present evidence of legitimate sources for the cash. Time is critical—early intervention allows us to gather supporting documentation, witness statements, and financial records to demonstrate the lawful origin of your money.

We have extensive experience advising and representing company directors, sole traders, companies, and self-employed individuals facing POCA proceedings. Whether your cash was seized during business travel, from business premises, or in personal circumstances, we understand how to navigate these complex proceedings effectively.

Direct Access Representation

Many criminal barristers, including ourselves, accept instructions on a direct access basis. This means you can instruct us without engaging a solicitor first, significantly reducing costs whilst ensuring specialist advocacy. You work directly with your barrister throughout the process, benefiting from continuity and expert guidance.

Cash seizures can devastate businesses and individuals alike. Don’t let authorities forfeit your legitimately earned money. Specialist legal representation from a criminal barrister can make the critical difference in recovering what’s rightfully yours. Contact Samir via Chambers at info@hillhousechambers.co.uk or by calling 020 3026 1945