The Proceeds Of Crime Act 2002 Joint guidance given by the Secretary of State and Her Majesty's Attorney General on when to use civil powers to recover the proceeds of crime has been published on-line.
The Secretary of State to the Serious Organised Crime Agency (SOCA), the Attorney General to the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions, the Director of the Serious Fraud Office and the Director of Public Prosecutions for Northern Ireland have provided guidance on the use of civil recovery under the Proceeds of Crime Act 2002 in accordance with section 2A of the Proceeds of Crime Act 2002.
The guidance can be downloaded here:
It is essential reading for anyone acting or advising in cases where property is alleged to be criminal. Most importantly, it sets out the State's policy of bringing claims where criminal prosecution cannot (for whatever reason) result in a conviction.
There will plainly be a greater drive to use these tools in the disruption of profit making by criminal acts. The advantage for the State is clear: assets can be recovered on the balance of probabilities, even in the event of an acquittal.
Chambers has an extensive and unparalleled experience of civil recovery cases. 33 Chancery Lane has been involved in most of the key decisions in this developing and complex area of law. Click here: to understand the work we do.