How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69661
Experience:  Over 5 years in practice.
12826847
Type Your UK Law Question Here...
Jo C. is online now
A new question is answered every 9 seconds

I'm speaking on behalf of a friend, he was convicted for

Customer Question

Hey I'm speaking on behalf of a friend, he was convicted for production of cannabis(personal use) in court(30th November 2016) at the time of arrest(july 2016) he had £1900 which was inheritance from his mother (he has bank statements to prove money deposited and withdrawn.) The money was seized at the time of arrest but nothing was mentioned in court (evidence, proceeds of crime etc.) Now he is trying to claim it back the police are saying they are going to seize the money indefinitely. Would like to know what is the official procedure to reclaim property from police and can it be done without a solicitor/barrister
Submitted: 1 month ago.
Category: UK Law
Expert:  Jo C. replied 1 month ago.

Is there a proceeds of crime application?

Expert:  Jo C. replied 1 month ago.

Hi - How can i help with this please?

Customer: replied 1 month ago.
No the case was closed
Expert:  Jo C. replied 1 month ago.

Yes, but that doesn't mean there wasn't a proceeds of crime application?

Customer: replied 1 month ago.
Because the charge was not cultivation no application was made, the solicitor dealing with the case had all the proof of monies but was not requested to show it.
Customer: replied 1 month ago.
My friend believes he should of received his property at court or shortly after, he hasn't received nothing to say to come and collect
Expert:  Jo C. replied 1 month ago.

The problem is that there are lots of means of confiscation.

They can bring a POCA matter or they can make a forfeiture order.

Expert:  Jo C. replied 1 month ago.

Quite frankly, it is quite unlikely that the ywould have done nothing given the nature of the charges.

Expert:  Jo C. replied 1 month ago.

However, if this is an unlawful retention then you can bring an application pursuant to the Police Property Act.

I would get to the bottom of what the Corwn Court did first though as that could be an expensive mistake if this is founded on a misconception.

Can I clarify anything for you?

Jo