The civil recovery provisions of the Proceeds of Crime Act 2002 are a powerful weapon in the State's armoury, designed to tackle criminal profit making. Andrew Mitchell QC and Linda Saunt explore the interplay between criminal confiscation and civil recovery.
THE INCREASING USE OF CIVIL RECOVERY RATHER THAN PROSECUTION
Has there been an increase? Should there be an increase? What was Parliament’s intention?
Civil Recovery is that part of the Act that provides for the recovery cash in summary proceedings and property obtained through unlawful conduct(s242). Unlawful conduct is conduct occurring in any part of the UK if it is unlawful in that part or unlawful in a country outside UK and unlawful in the UK (s.241). There has been an increase in the use of civil recovery but is there any evidence that this has been used in cases rather than criminal proceedings? Indeed was this the intention for introducing this legislation?
[Click here for the full article]