Civil recovery orders under the Proceeds of Crime Act 2002
Published by a LexisNexis Corporate Crime expert
Practice notesCivil recovery orders under the Proceeds of Crime Act 2002
Published by a LexisNexis Corporate Crime expert
Practice notes
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. For information about recovering property in criminal proceedings, see Practice Note: Confiscation under the Proceeds of Crime Act 2002.
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:
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a production order under POCA 2002, s 345, see Practice Note: Production orders under the Proceeds of Crime Act 2002
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a search and seizure warrant under POCA 2002, s 352, see Practice Note:
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Freezing order definition
What does Freezing order mean?
The pensions regulator can issue a freezing order when it is considering winding up a defined benefit scheme. It must be satisfied that it is necessary for member protection and that there is an immediate risk to the interests of the members or the assets of the scheme. The effect of a freezing order is that benefits cease to accrue and the scheme cannot be wound up (except by order of the Pensions Regulator).
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