This item was published during the term of a previous administration that ended in April 2007
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Confiscation of drug profits
05/01/2004
The first proceeds of crime in the UK to be paid back
following a civil court action have been recovered at the
Court of Session in Edinburgh by the Civil Recovery Unit
(CRU) which acts on behalf of Scottish Ministers.
The £24,000 recovered from a 34-year-old Aberdeen man
was the suspected profit of drug trafficking.
The man had been acquitted of drug trafficking offences,
following the acceptance of a not guilty plea, but could
not account for the substantial sum. A co-accused was
convicted.
The successful recovery followed a civil action taken by
the CRU under the Proceeds of Crime Act 2002 (POCA)
introduced early last year. Prior to the introduction of
the Act only those convicted of a criminal offence could
have assets confiscated.
CRU successfully argued that, on the balance of
probabilities, the money held at the bank represented the
profits of drug trafficking. The balance of the bank
account was therefore recoverable property within the
meaning of the Act.
Lord Advocate Colin Boyd QC said:
"The money recovered today was profit suspected to have
been gained through drug trafficking at the expense of
vulnerable members of our society - but it is not the
amount that is significant.
"What is significant about today's seizure is it
demonstrates the new legislation is working and those
suspected of profiting through crime are being penalised.
This is a first for the Civil Recovery Unit who have other
targets under investigation - so we can expect more
proceeds of crime to be recovered in the future.
"In its first year of operation the Civil Recovery Unit
used its cash seizure powers to forfeit over £300,000 and
now their civil recovery powers are having an effect. These
add to the existing powers to confiscate the assets of
those convicted of criminal offences.
"This year criminals and those in possession of the
proceeds of crime should take note that they will not be
permitted to profit from the misery of others".
Fifty per cent of the assets recovered are retained in
Scotland for initiatives to tackle drug issues and to help
communities that have suffered as a consequence of serious
and organised crime.
The Proceeds of Crime Act 2002 makes provision for a
civil recovery scheme, whereby the proceeds of unlawful
conduct are recoverable, and an enhanced cash forfeiture
scheme.
Scottish Ministers institute civil recovery proceedings.
The CRU is responsible for the implementation of civil
recovery and cash forfeiture in Scotland. The Lord Advocate
is the Scottish Minister responsible for the operation of
the Unit.
Civil recovery is a longer process than cash seizure but
it has the same end result. The procedural rules mean that
the action can take months at least between lodging of the
first documents and the final court decision. In a defended
case this period would be extended even further.
On November 23 last year the Lord Advocate announced
that £1,548,461 had been forfeited under POCA. This figure
has risen by a further £20,360 forfeited by the CRU and a
further £58,062 forfeited by the Criminal Confiscation
Unit.