Kangs Solicitors has successfully recovered on behalf of a client cash which was seized from his home in October 2018 and at which time he was arrested on suspicion of slavery and servitude.
Helen Holder of Kangs Solicitors explains the circumstances.
Kangs Solicitors has acquired national recognition for its work in assisting clients in respect of all issues arising from Financial Restraint and Cash Seizure Orders and the Proceeds of Crime Act 2002 (‘POCA’).
We act for Respondents, Defendants and Third Parties affected by any of the above-mentioned matters.
Kangs Solicitors is a leading firm providing assistance in both criminal and civil aspects of financial seizure and recovery and, amongst other awards, has been ranked nationally for ‘POCA and Asset Forfeiture work’ by the legal directory Chambers & Partners since 2014.
For an initial no obligation discussion, please call our Team at any of our offices detailed below:
The Law | Kangs Cash Detention Solicitors
Under POCA Investigating authorities have the power:
to seize cash, when found in amounts in excess of one thousand pounds where:
- they believe that it represents the proceeds of crime or
- that it is intended for use by any person in the pursuit of unlawful conduct.
to retain cash, initially for forty-eight hours whereafter, should it be wished to retain the cash for a longer period of time, application has to be made to the Magistrates’ Court for:
- a Court Order for it to be retained for a further six months and
- thereafter for extensions to the Order for leave to hold the cash for up to two years from the date when the first Court Order was obtained.
The Law | Kangs Cash Forfeiture Solicitors
The Authorities may apply to the Magistrates’ Court at any time for cash to be forfeited at which time:
- it is not necessary that the person from whom the cash was seized has not been charged with a criminal offence
- it is up to the person from whom the cash was seized, or other interested party, to show to the Court that, on balance, the cash does not represent proceeds of crime and that it is lawfully claimed.
How We Assisted Our Client | Kangs Financial Restraint Order Solicitors
Despite the seizure of a large amount of cash from our client’s home, no criminal proceedings were taken by the police and the cash seized was detained under section 295(4) of POCA.
In order to secure the return of our client’s money the Team at Kangs Solicitors:
- attended upon our client taking detailed instructions, discussing the circumstances at length and advising upon the appropriate course to adopt,
- attend upon members of our client’s family taking detailed witness statements,
- prepared submissions and evidence to the police financial investigator to show
that the cash did not represent the proceeds of crime.
- All of the accumulated evidence and submissions were then presented to the Police and, following examination of this material, it has been confirmed that it is accepted the cash seized from our client did not arise from criminal activity and was not intended to be used in the commission of a criminal offence.
- The cash will be returned to our client who, naturally, is extremely pleased with the outcome.
How Can We Assist You? | Kangs National POCA Solicitors
If you find yourself faced with cash seizure/detention proceedings or financial restraint proceedings of any nature, it is essential that you have the support and guidance of experienced solicitors from the outset.
At Kangs Solicitors we have an experienced team defending clients in all aspects of the criminal law on a daily basis and who are very well versed in POCA, cash seizures and all manner of restraint procedures.
Our team is led by Hamraj Kang who is recognised as a leading expert in the field by both legal directories Chambers & Partners and the Legal 500.
Other members of the team are ranked in the Legal 500 and also ranked in Chambers & Partners.
Please do not hesitate to contact any of the following who will be happy to discuss your problem with you: