Specialist advice on cash seizure, frozen bank accounts, restraint orders and confiscation under the Proceeds of Crime Act 2002.
If the police have seized your cash, your bank account has been frozen, or you have been told the prosecution is seeking a confiscation order, the first few days matter. The Proceeds of Crime Act 2002 (POCA) gives the police, HMRC, the National Crime Agency and the Crown Prosecution Service wide powers to seize, freeze and recover money and property, often before anyone has been charged with an offence.
Sarah Waddington Solicitors, a specialist POCA practice led by barrister Mark Hemming. Together, we act as proceeds of crime solicitors and counsel for individuals, families and businesses across England and Wales, from the first contact with the police right through to the Crown Court and the Court of Appeal.
You instruct us, and we bring the Hemming Chambers team in to work on your case alongside us. That means one point of contact, one joined-up legal team, and specialist advocacy from day one.
Specialist solicitors: money laundering and financial crime
Money laundering allegations often run alongside POCA proceedings. As money laundering solicitors and financial crime solicitors, we defend individuals and business owners accused of handling criminal property, fraud, MTIC (VAT) fraud and mortgage fraud. We look at the whole picture, so the defence of the criminal case and the protection of your assets work together rather than against each other.
How our POCA solicitors can help
As Proceeds of Crime Act (POCA) solicitors, we advise on every stage of the asset recovery process, including:
- Confiscation orders. Our confiscation solicitors challenge inflated benefit figures and available amounts, prepare section 17 and section 18 statements, and negotiate with the prosecution.
- Cash seizure and cash forfeiture. Challenging seizures under section 294, detention hearings under section 295 and forfeiture applications in the Magistrates’ Court.
- Account freezing orders. Applying to release frozen funds and opposing account forfeiture.
- Restraint orders. Varying or discharging restraint orders and securing access to funds for living and legal expenses.
- Property freezing orders and Unexplained Wealth Orders (UWOs). Responding to civil recovery proceedings brought in the High Court.
- Third party interests (section 10A). Protecting spouses, partners, family members and business associates whose property is caught up in proceedings.
- Section 22 and section 23 applications. Opposing prosecution applications to increase a confiscation order, and applying to reduce one where your circumstances have changed.
- Money laundering and financial crime. Defending allegations under sections 327 to 329 of POCA and related fraud offences.
- Appeals against POCA orders. Including appeals to the Court of Appeal.
Police seized my cash: what happens next?
If you are searching “police seized my cash”, you are not alone, and you may have more options than you think. Our cash seizure solicitors deal with these cases every week.
Under section 294 of the Proceeds of Crime Act 2002, an officer can seize cash of £1,000 or more if they have reasonable grounds to suspect it is recoverable property or intended for use in unlawful conduct. No warrant is needed and no one has to be arrested. “Cash” includes notes and coins in any currency, as well as bearer instruments such as cheques and bank drafts.
The police can only hold the cash for 48 hours (excluding weekends and bank holidays) unless the Magistrates’ Court authorises continued detention under section 295. The authority must justify that detention at every stage, and the court decides any forfeiture application on the balance of probabilities.
This is where early advice makes the difference. A cash forfeiture solicitor can test whether the £1,000 threshold and the reasonable suspicion test were properly met, and present clear evidence of where your money came from. Business takings, savings, family loans and cultural or religious financial obligations, such as Zakat, are often misunderstood at the roadside but can be fully explained with the right documents.
Bank account frozen by police?
Money in a bank account is not “cash” under POCA, so the authorities use account freezing orders instead. A bank account frozen by police can stop you paying your rent, your staff or your suppliers overnight. Our account freezing orders solicitors act quickly to challenge the order, apply for funds to be released for reasonable living and business expenses, and oppose any application to forfeit the balance. If you need an account freezing order solicitor, contact us as soon as you receive notice from your bank or the court.
Restraint and confiscation orders
A restraint order freezes your assets while criminal proceedings are ongoing. It is meant to be a protective measure, not a punishment, and its continuation must remain legally justified.
As your restraint order solicitor, we look closely at whether the order was properly obtained, whether its scope is proportionate, and whether the prosecution has progressed the case with reasonable speed. Any person affected by a restraint order can apply to vary or discharge it under section 42(3) of POCA. The courts have recognised that delay is a relevant factor, including in R v Mundy [2018] EWCA Crim 105 and R v Wood [2022] EWCA Crim 1243. Delay alone will not always defeat an application, but delay combined with poor explanation and real prejudice can give strong grounds for the court to intervene.
After a conviction, the Crown Court may make a confiscation order. The court decides your benefit from crime, then the available amount you can actually pay. Statutory “lifestyle” assumptions can make the benefit figure far higher than anything you received, which is why our confiscation order solicitors focus on forensic detail, strong written statements and firm negotiation.
Recent results from our POCA team
These results were achieved by the Sarah Waddington Solicitors POCA team. Client names are anonymised.
High-Value Artefacts
£20m+ to £3m
Prosecution conceded after detailed Section 17 statements and forensic accounting evidence. All hidden asset allegations were withdrawn, with a nominal £1 order made.
Confiscation
£1.4m to £34k
Benefit figure reduced following detailed legal submissions and lengthy negotiations with the prosecution.
MTIC Fraud
£30m to £7m
Prosecution’s alleged benefit reduced by £23 million after our team contested its position at a full hearing.
Why choose our Proceeds of Crime Act solicitors?
- Early action. We move quickly to meet court deadlines and challenge seizures before they become forfeitures.
- Barrister-led advocacy. Your case is prepared and presented by the specialist POCA team.
- Forensic detail. We work with forensic accountants to test every figure the prosecution relies on.
- Clear costs. We agree fees with you before work starts, so there are no surprises.
- Complete confidentiality. Every enquiry is handled discreetly.
Frequently asked questions about POCA
What do proceeds of crime solicitors do?
Proceeds of crime solicitors advise and represent people whose money or property is targeted under the Proceeds of Crime Act 2002. This includes cash seizure, account freezing orders, restraint orders, confiscation orders and civil recovery.
The police seized my cash. Can I get it back?
Often, yes. The police must justify holding the cash in the Magistrates’ Court, and you can challenge both detention and forfeiture by showing the money has a legitimate source. The sooner you take advice, the stronger your position.
Can my assets be frozen if I have not been charged?
Yes. Cash seizure, account freezing orders and civil recovery do not require a criminal conviction. That is why specialist advice from Proceeds of Crime Act 2002 solicitors is important even if you have not been arrested.
Do you act for family members and third parties?
Yes. If your home, savings or business assets are caught up in someone else’s case, we can help you protect your interest.
Speak to our POCA team today
POCA cases move fast, and missing a deadline can cost you your money or property. Whether the police have seized your cash, your account has been frozen or you are facing confiscation, our proceeds of crime act solicitor team are ready to help.
Call 01924 601 094, email info@sarahwaddingtonsolicitors.co.uk or complete our contact form for a confidential consultation.
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