A Cash Detention Order (CDO) is a court order issued under the Proceeds of Crime Act 2002 (POCA), enabling authorities to seize cash that is suspected to have been gained through criminal activities. This legal tool is commonly used to combat crimes like money laundering and to disrupt the flow of illicit funds to criminals.
Cash detention orders apply to sums of money over £1,000 that law enforcement suspects are linked to crime, including drugs, fraud, or other criminal enterprises. If law enforcement believes the money is unlawfully obtained or intended for criminal purposes, they can issue a Cash Detention Order.
Key Time Limits and Procedures for Cash Detention Orders
Understanding the timelines and legal procedures around Cash Detention Orders is crucial.
- Initial Detention Period (48 hours):
The cash can be detained for an initial period of up to 48 hours. During this time, law enforcement assesses whether there is enough evidence to link the money to criminal activity. - Court Application for Extension (Up to 90 Days):
If law enforcement still suspects the money is connected to crime after the initial 48 hours, they must apply to a magistrates’ court for an extension. If the court grants the application, the cash can be detained for a further period of up to 90 days (three months). - Further Extensions and Forfeiture Proceedings:
If the investigation continues beyond 90 days and there are still no charges, law enforcement must apply for cash forfeiture proceedings. This is where the court determines whether the cash should be permanently forfeited. The authorities must justify the prolonged detention in court, and if the detention period exceeds 90 days, it is subject to more rigorous legal scrutiny.
How Much Money Triggers a Cash Detention Order?
A Cash Detention Order can be applied if an individual is in possession of £1,000 or more in cash. This could include currency, banknotes, or other forms of cash. The key factor is that law enforcement must have reasonable suspicion that the money is from the proceeds of crime or is intended to finance illegal activities.
This power helps authorities prevent criminal groups from circulating illicit funds and supports efforts to combat financial crimes like money laundering.
Length of a Cash Detention Order
Under normal circumstances, cash can only be detained for an initial period of 48 hours without a court order. If further detention is required, law enforcement must seek approval from the court, and the total detention period can be extended up to 90 days (3 months).
If the investigation continues, the authorities can apply for forfeiture proceedings. Any extended detention beyond 90 days requires a formal court application and ongoing investigation by police.
How to Apply for the Release of Seized Cash
If you can prove that your detained money was not obtained through criminal means, you can apply for its release. This involves submitting a formal request to the authority holding the cash.
You will need to provide evidence that the money was obtained lawfully, such as bank statements or proof of legitimate earnings.
If your request is denied, you have the right to challenge the decision in court. In this case, you will need to demonstrate the lawful origin of the money and its intended use.
Legal Help and Your Rights
If you find yourself subject to a Cash Detention Order, it is highly advisable to seek specialised legal advice. Lawyers and barristers specialising in financial crime or with experience in POCA cases can help you navigate the complex process of challenging the order or seeking the return of seized funds.
Legal professionals can assist with:
- Contesting the detention order
- Presenting evidence of lawful possession
- Representing you in forfeiture proceedings
Having the right legal representation can significantly increase your chances of having your funds returned.
A Cash Detention Order is a powerful tool in the fight against financial crime, but it can also have a significant impact on innocent individuals who are wrongly caught up in investigations.
If your cash has been seized under a CDO, seeking legal advice as soon as possible can help protect your rights and potentially secure the return of your funds.
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