Criminal Defence case in which attempted cash forfeiture by the police under the Proceeds of Crime Act 2002 (“POCA”) was successfully challenged: Police-v-H

H instructed David Phillips and Partners criminal solicitors at short notice following a police search of his home at which £10,000 was found. As a result of the work done by his solicitor the police failed in their attempt to detain his money.

H was arrested at his home for a firearms offence. He was granted police bail after an interview under caution.

The police searched his home and found £10,000 in cash which they seized. They made an immediate application to the Magistrates’ Court to keep it while they investigated its origins, which was due to be dealt with at court within 48 hours.

H instructed David Phillips and Partners criminal defence lawyers to represent him in the proceedings. He was determined that the money was his, and that we could prove it. We immediately got to work proofing witnesses and obtaining business and accounts documentation to support his case, working under highly pressured conditions given the tight deadline.

As a result of the work done by David Phillips and Partners’ criminal solicitors the police’s application was thrown out at the first hearing and H was able to retain his money.