Crown Office and Procurator Fiscal Service

Crown Office and Procurator Fiscal Service News Release

31 August 2010

HMA V JOHN MACKAY

At Edinburgh Sheriff Court on 25 August a Confiscation Order for the amount of £20,000 was made against John Mackay.

This follows his conviction at Edinburgh Sheriff Court on 24 November 2008 for being concerned in the supply of Class A drugs, where he was sentenced to 18 months.

Speaking afterwards, Area Procurator Fiscal for Lothian and Borders, Morag McLaughlin, said:

"This case again demonstrates that we will prosecute offenders to the full extent of the law and use Proceeds of Crime legislation to confiscate any proceeds from their criminal activities and lifestyles.

"Whether it is in the big cities or local communities of Scotland, the public can be assured that we will be relentless in our endeavours to ensure crime does not pay."

Ends

Notes for Editors

* On Friday 30 November 2007 a number of properties were searched by officers from Lothian and Borders Police. One of those properties was the Gauntlet Public House, Broomhouse Grove, Edinburgh. Officers of Lothian and Borders Police recovered cocaine with a street value of £4,390 as well as £3,185.70 in cash. On 24 November 2008 John Mackay pled guilty to a contravention of section 4(3)(b) of the Misuse of Drugs Act 1971.

* The National Casework Division of the Crown Office and Procurator Fiscal Service deals with the confiscation of proceeds of crime following conviction and secures money from convicted criminals, eg those who have been convicted of drug dealing, money laundering, or fraud.

* A Confiscation Order is an order made by the court following criminal conviction and is an order to pay a fixed sum of money from the proceeds of crime. An application for confiscation is one of the tools at the disposal of the Crown upon conviction under the Proceeds of Crime Act 2002 and Proceeds of Crime (Scotland) Act 1995

* Proceeds of Crime legislation is also utilised by the Civil Recovery Unit acting on behalf of Scottish Ministers. The Civil Recovery Unit investigates and recovers the property realised through criminal activity of individuals, in the civil courts without the need for criminal conviction.

* Money recovered under the Proceeds of Crime Act, up to a maximum of £30m a year, is invested by Scottish Ministers in community projects aimed at alleviating the effects of crime. Details of how that money is reinvested can be found at
http://www.cashbackscotland.com/

* If more than £30m is recovered in any financial year the balance is sent to the UK Treasury.

* The National Casework Division works together with colleagues at the Civil Recovery Unit, and other law enforcement agencies, such as the Scottish Drugs Enforcement Agency, UK Police Forces and HM Revenue and Customs to identify and recover the proceeds of crime.

* The Crown Office and Procurator Fiscal Service is a committed member of the Scottish Government's Serious Organised Crime Task Force. The Task force has a remit to pursue serious organised crime in all its forms by bringing together all agencies involved in tackling organised crime groups. Task Force members include the Cabinet Secretary for Justice, the Lord Advocate, representatives from COPFS, the Scottish Government, ACPOS, SCDEA, HMRC, SOCA and SPS. Details of the work of the Taskforce can be accessed here
http://www.scotland.gov.uk/Topics/Justice/crimes/organised-crime.

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