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).

Practice Note: Civil recovery orders under the Proceeds of Crime Act 2002 explains the power to make a CRO under POCA 2002, Pt 5 and when and how civil recovery proceedings arise, including the relevant enforcement authority responsible for making an application for the recovery of the proceeds of unlawful conduct. It refers to the guidance provided by the SFO and the Attorney General’s Office (AGO) and explains what is meant by recoverable property and the extension of the definition of ‘unlawful’ to cover gross human rights violations. It also considers property freezing orders (PFOs) and the basis on which you can freeze assets and covers applications for exclusions for living expenses, legal expenses and business expenses or business expenditure. It details...