What happens if the police find money or property they think I got from criminal activity?

In Plain English

If police suspect you have money or property gained from criminal activity, they can seize it. If they seize it under a warrant or in emergency situations, they must give you a receipt. The head of the enforcement agency responsible must keep the seized items safe until they are dealt with according to the law.

If the items are seized as evidence, the police must return them to you after 60 days unless proceedings have started, a court has ordered they be kept longer, or there's another legal reason to keep them.

You can apply to a court to have the property returned to you if you claim you have a right to it, it's not actually tainted, and the person suspected of the crime doesn't have an interest in it.

Detailed Explanation

When property is seized because it is suspected of being "tainted property" or "evidential material" under a search warrant or in emergency situations as per section 251 of the Proceeds of Crime Act 2002, several procedures and potential outcomes are triggered.

  1. Receipt and Custody:

    • Under section 253 of the Proceeds of Crime Act 2002, the executing officer must provide a receipt for the seized items.
    • Section 254 of the Proceeds of Crime Act 2002 stipulates that the "responsible custodian" (typically the head of the enforcement agency) must arrange for the safekeeping and preservation of the seized property.

  2. Forfeiture Orders:

    • If a forfeiture order is made covering the seized property while it is in the possession of the responsible custodian, section 255 of the Proceeds of Crime Act 2002 mandates that the custodian must deal with the property as required by that order.

  3. Return of Seized Items:

    • Section 256 of the Proceeds of Crime Act 2002 outlines the conditions under which seized items must be returned. Generally, if the reason for the seizure no longer exists, or it is decided that the item will not be used as evidence, the authorized officer must take reasonable steps to return the item to the person from whom it was seized, or to the owner.
    • However, this is subject to exceptions. For example, if proceedings have been instituted within 60 days of the seizure, or if a court order is in place to retain the items, the authorized officer is not required to return them.

  4. Extension of Retention Period:

    • Under section 257 of the Proceeds of Crime Act 2002, an authorized officer can apply to a magistrate for an order to retain the seized item for a further period if proceedings have not commenced within 60 days of the seizure.
    • Section 258 of the Proceeds of Crime Act 2002 allows a magistrate to grant such an order if satisfied that it is necessary for initiating or conducting proceedings under the Proceeds of Crime Act 2002.

  5. Third-Party Claims:

    • Section 259 of the Proceeds of Crime Act 2002 allows a person who claims an interest in the seized property to apply to a court for an order that the property be returned to them.
    • The court must order the responsible custodian to return the property if satisfied that the applicant is entitled to possession, the property is not tainted, and the person suspected of the offense has no interest in the property.

These provisions ensure that while law enforcement has the power to seize property suspected of being linked to criminal activity, there are also safeguards in place to protect the rights of individuals and ensure that property is returned when it is no longer needed for investigative or legal purposes.