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WA Police Drugs Raid - How to Get Cash Returned?

Discussion in 'Criminal Law Forum' started by Tapwasher, 16 May 2015.

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  1. Tapwasher

    Tapwasher Member

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    Money (cash) taken by police during a property raid. Thought to have been from sale of drugs, this was not proven to be the case and a charge of being in possession being the outcome.

    Over 3 months ago now and still having trouble getting the money returned. How do I get them to return my money?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Tapwasher,

    Property confiscation is regulated by the Criminal Property Confiscation Act 2000 (WA). You may recover the money by (i) talking with the police, or (ii) applying to court for the return of your money under section 87. If you apply to court, you will need to argue one of the grounds for why court should order police to return the money (e.g. innocent party). Otherwise, you may object to the confiscation by filing to court an objection under section 79. However, this may not help you if the money is already taken away.
     

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