Quentin achieves return of £45,000 seized cash under Proceeds of Crime Act 2002
Mr HN was stopped by Border Force Officers when leaving the country via the Eurotunnel to travel to Romania. Upon being questioned HN admitted to having £15,000 on his person but upon being searched officers found £45,000 in cash upon his person. GB told the officers that the monies were held for an innocent purpose but he was not believed. The monies were seized under section 295(4) of the Proceeds of Crime Act 2002 and rules 4(1) and 5(1) of the Magistrates Court (Detention and Forfeiture of Cash) Rules 2002 as the cash was suspected to be recoverable property under POCA.
Under s304(1) of the Proceeds of Crime Act 2002, recoverable property is defined as being property gained through unlawful conduct.
Quentin appeared at the Folkestone Magistrates Court on behalf of HN to argue that the cash should be returned. Upon initial application the Court refused the Home Office application for 4 months detention and granted 2 months.
Following the hearing, Quentin worked with his client to provide a verifiable audit trail for the monies as well as to provide explanations as to why he had lied about the amounts of the monies he had with him, and why he had bank cards in different names upon his person when searched. This involved a large amount of work on financial evidence and the gaining of evidence and statements from Romania.
Once the evidential pack had been assembled, Quentin submitted it to the Home Office designated Officer with submissions as to why the cash should be returned. Within a week of the submission of the evidence the Home Office contacted Quentin to say that they no longer sought to detain the cash, and that it could be collected by HN from their offices in Dover. HN was naturally delighted with the return of his cash.
Quentin Hunt is an experienced Criminal Defence Barrister who specialises in cash detention and forfeiture cases. If you need a POCA cash detention and forfeiture lawyer you may contact Quentin for a free, no obligation conversation about your case.