The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:
A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court, and is governed by the CPR. The power to bring proceedings for CROs under the Proceeds of Crime Act 2002 (POCA 2002) is available to the National Crime Agency (NCA), the Serious Fraud Office (SFO), the Crown Prosecution Service (CPS), HMRC and the Financial Conduct Authority (FCA) in England and Wales, see Practice Note: Civil recovery orders under the Proceeds of Crime Act 2002. Together, these agencies are known as the enforcement authorities.
No criminal conviction is required and the action is against the property, not the person.
The provisions in POCA 2002 provide for the recovery of property by the enforcement authority where, on the civil standard of proof, it can be established that such property was obtained through unlawful conduct. For information on civil recovery generally, see Practice Note: Civil recovery orders under the Proceeds of Crime Act 2002.
There are associated powers available to preserve property, notably the power the court has to make a property freezing order and interim receiving order. Additional powers exist under POCA 2002, Pt 5, known as investigatory powers, which are exercisable in a civil recovery investigations (see below). Civil recovery investigations are defined in POCA 2002 as an investigation
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.