A drug-related investigation can involve more than the seizure of suspected drugs. Police may also seize cash, vehicles, phones, documents and other property where they believe the items may be evidence or may be connected with criminal conduct. The eventual outcome depends on the legal power used, the circumstances and whether the investigation leads to a prosecution.
Cash and property should not be assumed to be permanently lost simply because they have been seized. Different legal regimes apply to evidence, cash recovery, forfeiture and confiscation. Understanding the distinction is important.
What happens to seized cash?
Under the Proceeds of Crime Act 2002 and related powers, law enforcement can in appropriate circumstances seize and detain cash where there are reasonable grounds for suspecting it is recoverable property or intended for use in unlawful conduct. There are procedures governing detention, applications to extend detention and potential forfeiture. The precise process depends on the circumstances.
If the authorities seek forfeiture, the person affected may have an opportunity to challenge the application. Evidence about the source and intended use of the money can therefore be important. A person may need to demonstrate a legitimate explanation supported by appropriate evidence.
What about vehicles, homes and other property?
Property may be relevant as evidence, may be restrained during an investigation, or may become the subject of confiscation proceedings following conviction. The Proceeds of Crime Act 2002 gives the courts powers to make confiscation orders where the statutory requirements are satisfied. The purpose is to recover the benefit derived from criminal conduct rather than simply to impose an additional fine.
Confiscation is different from ordinary seizure. A seizure may occur during an investigation, while confiscation is generally a post-conviction process dealt with by the court. The CPS states that confiscation is an important tool for depriving offenders of the proceeds of criminal conduct.
Why the source of money matters
In a drug investigation, unexplained cash or assets may be treated as potentially relevant to the prosecution's case. Bank records, business documents, contracts, invoices, tax records and other evidence may help establish a legitimate source where one exists. Conversely, prosecutors may seek to connect assets to criminal benefit where the evidence supports that position.
Getting advice early
Asset issues can become complicated quickly, particularly when a person needs access to money for ordinary living expenses or when property is jointly owned. Anyone whose cash, vehicle or other assets have been seized should establish the legal basis for the seizure and understand what process is being used.
Drug-related asset recovery can continue beyond the initial arrest, so it is important not to ignore correspondence or court applications. If your money or property has been seized in connection with a drug investigation, obtain independent legal advice promptly. This article provides general information for England and Wales and is not a substitute for case-specific advice.