Civil recovery proceedings under the Proceeds of Crime Act 2002: The experience so far

Abstract

Purpose

The purpose of this paper is to examine what use has been made of civil recovery legislation in the first three years of its existence and to explain the legal issues which have been raised before the courts so far. It also examines the legislative and non‐legislative changes to the civil recovery scheme since it is commencement in 2003.

Design/methodology/approach

The paper uses examples from amongst those cases initiated by the Assets Recovery Agency and draws on both reported and unreported court rulings.

Findings

The civil recovery cases brought against property by the Assets Recovery Agency may be classified into six categories: where a potential criminal defendant has died and is therefore beyond prosecution; where a criminal defendant has been acquitted; where a criminal defendant was convicted but the confiscation hearing failed; where the respondent is not within the jurisdiction; where the owner of the property is uncertain; and where a respondent is unprosecutable due to insufficient evidence.

Originality/value

The paper provides a useful framework for law enforcement agencies which are considering what type of cases they may useful refer for possible civil proceedings by the Agency. The paper also sets out for practitioners a useful summary of the civil recovery jurisprudence which has so far developed.

Citation

Kennedy, A. (2006), "Civil recovery proceedings under the Proceeds of Crime Act 2002: The experience so far", Journal of Money Laundering Control, Vol. 9 No. 3, pp. 245-264. https://doi.org/10.1108/13685200610681779