Civil recovery orders in SFO cases
Civil recovery orders in SFO cases

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Civil recovery orders in SFO cases
  • Investigatory orders in civil recovery investigations
  • When civil recovery, rather than criminal investigation, might arise in cases involving the SFO
  • Problems with civil recovery proceedings as a substitute for criminal proceedings
  • Advising commercial organisations about self-reporting
  • Serious crime prevention orders

Civil recovery orders in SFO cases

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for corporate crime?

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

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