The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:
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:
a production order under POCA 2002, s 345, see Practice Note: Production orders under the Proceeds of Crime Act 2002
a search and seizure warrant under POCA 2002, s 352, see Practice Note: Search and seizure warrants under section 352 of POCA 2002
a disclosure order under POCA 2002, s 357, see Practice Note: Disclosure orders under the Proceeds of Crime Act 2002
an unexplained wealth order (UWO) under POCA 2002, s 362A, see Practice Note: Unexplained Wealth Orders—UWOs
a customer information order under POCA 2002, s 363, see Practice Note: Customer information orders under the Proceeds of Crime
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. 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
Take a free trial
0330 161 1234