This item was published during the term of a previous administration that ended in April 2007
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Government moves on proceeds of crime
15/11/2002
Two separate announcements intended to bolster the fight against serious crime were made today.
The Lord Advocate, Colin Boyd QC, said two newly-created posts heading up the Criminal Confiscation Union and a new Civil Recovery Unit would be filled by early in 2003.
Lesley Thomson, currently Procurator Fiscal at Selkirk having served in the Fraud and Specialist Services Unit, has been appointed Head of the CCU. Lorna Harris, a senior lawyer in charge of international co-operation at the Home Office, will lead the CRU.
Mr Boyd said:
"Up until now we could only confiscate assets after securing a criminal conviction. The new legislation allows us to target the proceeds of criminal lifestyle at an earlier stage and in a wide range of circumstances - even where there is not a criminal conviction. This will ram home the message to drug dealers and fraudsters throughout Scotland's communities that crime does not pay.
"These new appointments allow the criminal justice system to gear up for the full implementation of the Proceeds of Crime Act 2002 in February of next year".
Lord Falconer of Thoroton QC, Minister of State for Criminal Justice at the Home Office, announced that £98,000 from the UK Recovered Assets Fund is being dedicated to the training of Scottish prosecutors and police in the use of their new powers.
"This is a welcome initiative, which sees the proceeds of illegal activity from across the UK being invested in our fight against serious crime."
The Proceeds of Crime Act 2002 builds upon the criminal confiscation scheme set out in the Proceeds of Crime Act (Scotland) Act 1995 and consolidates and strengthens money laundering offences. Extended powers of financial investigation are also afforded to law enforcement officers
The Act makes provision for a civil recovery scheme whereby the proceeds of unlawful conduct are recoverable and an enhanced cash forfeiture scheme.
The Scottish Ministers will institute civil recovery proceedings and the Civil Recovery Unit will be responsible for the implementation of civil recovery and cash forfeiture in Scotland.
The Lord Advocate will be the Scottish Minister responsible for the operation of the Unit. The cash forfeiture provisions are expected to come into force on December 17, 2002 and civil recovery on February 3, 2003.
. Lorna Harris, head of the Civil Recovery Unit is currently a senior lawyer in charge of international co-operation at the Home Office