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Proceeds of Crime Act
The Proceeds of Crime Act 2002 is widely regarded as one of the best pieces of legislation created to tackle organised crime and strip assets from criminals.
A large piece of the legislation is to a civil standard of proof - this includes cash seizures and confiscation cases, which effectively strip assets from criminals.
Other parts of the act seek to simplify money laundering offences.
A confiscation order can be made using the Act by the Crown Court to deprive criminals of the benefit from their crimes. If it is proven that a criminal has committed an acquisitive crime (eg theft, drug trafficking) and they have benefitted from that crime, then an accredited financial investigator can identify the value of any assets the criminal holds (such as bank accounts, houses and vehicles). This can then be used to pay back the amount they are said to be have benefitted from their crime, even if the assets are legally held.
If the application for a confiscation order is successful, criminals have a specified number of days, weeks or months to pay the full amount or be subject to a prison sentence.
A cash forfeiture order can also be made against a person at Magistrates Court using the Proceeds of Crime Act. This is only made against cash, to a minimum value of £1,000, which is believed to be the proceeds of crime or intended for use in crime. An order can be made even if someone has not been charged or convicted of criminal offence.
The cash and assets recovered are then made available to fund community projects and other police operations to target criminals.