Under the Proceeds of Crime Act 2002, the court must decide on a number of things if it is to attempt to seize the property of someone. Firstly, the must decide whether the accused has a criminal lifestyle. This means that they must consider whether not the accused engages in activities which involve criminal behaviour. If the court decided that this is the case, they must then make a decision as to whether or not the accused actually benefited from this in any way. If however they decide that the accused does not have a criminal lifestlye, they must decide instead whether or not they have benefited from a particular instance of criminal conduct. If any of these conditions are met, it may be possible for the court to order the seizure of your property.
If the court decided to make an order under this Act, we can represent you in an action to have the money or property returned. Our proceeds of crime solicitors have acted on the behalf of many individuals whose property has been wrongfully seized, often having thousands of pounds returned to them. The most common situations from which these actions usually stem is when the police raid and search a property which does not belong to the person who was subject to the search. In these cases, the police will often make mistakes regarding to whom the property belongs. This can often amount to thousands of pounds. If your property has been seized by the police, contact our proceeds of crime solicitors and we will challenge this on your behalf.