This item was published during the term of a previous administration that ended in April 2007
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Crime doesn’t pay
30/06/2005
Hurting criminals where it counts - in their bank accounts - is one of the key themes of debate today at the 2005 conference of The International Society for the Reform of Criminal Law.
Over 200 judges, lawyers and academics from 40 countries around the world are meeting in Edinburgh on the final day of the conference to discuss the challenges posed by cross-border crimes such as money laundering.
In Scotland the Proceeds of Crime Act 2002 offers a way to tackle this problem by targeting the profits of crime as well as the criminals themselves.
Members of the Financial Crime Unit at the Crown Office and Procurator Fiscal Service are taking part in a workshop on money laundering and asset confiscation to share the Scottish success stories, and learn from developments in other countries.
Between March 2003 and March 2005, the Financial Crime Unit successfully gained confiscation orders for £3,301,700 worth of assets gained from criminal activity. In addition restraint orders have been granted for over £47,224,403 worth of assets in the same period.
Lesley Thomson, head of the Financial Crime Unit, said:
"The Proceeds of Crime Act 2002 helps us to drive home the message that crime doesn't pay. By using the full range of powers available to us we can pursue those who try to profit from criminal activity.
"The ISRCL conference is an excellent opportunity to share our positive experiences in the early years of this new legislation, and learn more about what is being done elsewhere."
In addition to the work being carried out within the Financial Crime Unit there has also been a number of notable successes for the Civil Recovery Unit (CRU) at Crown Office to report to the international delegates. In the past two years the CRU has successfully recovered £1,037,919 through the civil courts.
The Proceeds of Crime Act 2002 (POCA) came into force early in 2003. POCA makes provision for
A strengthened, modernised criminal confiscation system, whereby criminal's assets may be restrained at an early stage and thereafter confiscated following conviction. The Financial Crime Unit in Crown Office institutes such proceedings.
New money laundering offences which allow for the prosecution of those persons engaged in concealing, moving or possession of criminal property. All money laundering investigations are centrally coordinated by the Financial Crime Unit at Crown Office.
A civil recovery scheme, whereby the proceeds of unlawful conduct are recoverable, and an enhanced cash forfeiture scheme. The Scottish Ministers institute civil recovery proceedings. Civil recovery enables Scottish Ministers to recover property which has been obtained as a result of unlawful conduct even if there has not been a conviction.
A Civil Recovery Unit 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.
The International Society for the Reform of Criminal Law is a non-governmental association of judges, legislators, lawyers, academics and governmental officials who come together to work actively on the administration of criminal justice, both in their own jurisdictions and internationally.
The 2005 ISRCL conference opened in Edinburgh on Sunday, June 26, and finishes today.