Civil asset recovery

Civil recovery orders under the Proceeds of Crime Act 2002

Civil recovery proceedings are proceedings whereby an enforcement authority can pursue a civil recovery order (CRO) and associated interim orders freezing property on the basis that the property in question represents ‘recoverable property’. The powers are contained in Part 5 of the Proceeds of Crime Act 2002 (POCA 2002).

For the purposes of civil recovery proceedings, recoverable property is defined by POCA 2002, s 304. Where property that represents property obtained through unlawful conduct has been disposed of, if it can be traced then any property which thus represents 'the original property' is also deemed to be 'recoverable property'. For example, if stolen goods are sold for cash, then the cash is recoverable property.

CROs are a significant tool for those seeking to combat acquisitive crime. They facilitate the recovery of the proceeds of crime without the need for a conviction and, therefore, for an offence to be proven to the criminal standard. All that is required is for the court to be satisfied on the balance of probabilities that