Civil recovery orders under the Proceeds of Crime Act 2002
Civil recovery orders under the Proceeds of Crime Act 2002

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

  • Civil recovery orders under the Proceeds of Crime Act 2002
  • Civil recovery of property, which represents criminal property derived from unlawful conduct
  • When a CRO can be made
  • Recoverable property for the purposes of POCA 2002, Pt 5
  • Property freezing orders (PFOs) and interim receiving orders (IROs) in civil recovery proceedings
  • Effect of a PFO or IRO
  • Defences and exceptions to CROs
  • Exclusions from a PFO for legal expenses, living expenses or business expenses
  • Variation and set off of a PFO
  • When might civil recovery rather than criminal investigation arise?
  • more

Civil recovery of property, which represents criminal property derived from unlawful conduct

Civil recovery is the name given to the powers under Part 5 of the Proceeds of Crime Act 2002 (POCA 2002) to freeze and obtain an order for recovery of property, which represents criminal property derived from unlawful conduct. This Practice Note is concerned with the powers to make civil recovery orders (CROs), property freezing orders (PFOs) and interim receiving orders (IROs). The specific provisions relating to Scotland and Northern Ireland are beyond the scope of this Practice Note.

Various investigative powers exist under POCA 2002, which can be exercised by an appropriate officer in the context of a civil recovery investigation. These include the ability to obtain:

  1. a production order under POCA 2002, s 345, see Practice Note: Production orders under the Proceeds of Crime Act 2002

  2. a search and seizure warrant under POCA 2002, s 352, see Practice Note: Search and seizure warrants under section 352 of POCA 2002

  3. a disclosure order under POCA 2002, s 357, see Practice Note: Disclosure orders under the Proceeds of Crime Act 2002

  4. an unexplained wealth order (UWO) under POCA 2002, s 362A, see Practice Note: Unexplained Wealth Orders—UWOs

  5. a customer information order under POCA 2002, s 363, see Practice Note: Customer information orders under the Proceeds of Crime