This item was published during the term of a previous administration that ended in April 2007
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Over £1m confiscated from Scotland's criminals
31/12/2004
Over one million pounds of cash has been forfeited from
criminals in Scotland, it was announced today.
A total of £1,000,545.63 has been forfeited since the
introduction of the Anti Terrorism Crime and Security Act
2001 and the Proceeds of Crime Act 2002.
The Civil Recovery Unit has successfully secured the
money having taken 38 cases to civil courts throughout the
country. In addition a further £927,006 of alleged proceeds
of crime has been frozen in bank accounts awaiting court
decision.
All money seized and detained a waiting an application
for forfeiture under POCA must be placed in an interest
bearing bank account and when forfeited the interest
thereon goes to the Scottish Executive. Assets recovered
and retained in Scotland for initiatives to tackle drugs
and to improve communities that have been undermined by
serious and organised crime.
The Lord Advocate, Colin Boyd QC, said:
"Everyone within our communities is benefiting from our
continued success in recovering money obtained through
criminal activity.
"Some of the recovered money will be put back into
community-based initiatives and criminals will be getting
the message that 'crime does not pay'.
"By working closely with the Police, Customs and Excise
and other law enforcement agencies, the Civil Recovery Unit
will continue to recover the proceeds of crime from
criminals operating within Scotland."
The Lord Advocate is the Scottish Minister responsible
for the operation of the Civil Recovery Unit. The cash
forfeiture provisions came into force on 31 December 2002
and civil recovery on 24 February 2003. The Civil Recovery
Unit along with the Financial Crime Unit of the Crown
Office and Procurator Fiscal Service are responsible for
confiscating assets obtained through criminal activity.
A cash seizure is the initial taking of the money and a
forfeiture is where the Court makes an order for the money
to go to the Scottish Consolidated Fund. Seizure and
detention are interim until an award of forfeiture is
made.
There have been 38 forfeitures ordered by the courts in
Scotland. Of those applications, 26 were unopposed. Four
were originally opposed but later resulted in a decree in
absence when those involved failed to turn up at court or
comply with a court order. Six cases have been settled out
of court where the person from whom the cash has been taken
has been able to establish that at least part of the seized
monies is not recoverable property.
50% of the assets recovered from the proceeds of crime
will be retained in Scotland to repair some of the damage
done to communities which have suffered as a consequence of
drug dealing and other serious crimes.