HMA v Allan Gray
Crown Office and Procurator Fiscal Service
News Release
31 August 2010
HMA V ALLAN GRAY
£4,000 CONFISCATED FROM DRUG DEALER
At the Sheriff Court in Hamilton on 12 August, a Confiscation Order for £4,000 was made against Allan John Gray (DOB 14/04/1977).
This follows his conviction at Hamilton Sheriff Court on 17 November 2008, when he plead guilty to a charge under the Misuse of Drugs Act, Section 4(3)(B). He was then sentenced to a period of community service.
Speaking afterwards, Jennifer Harrower, District Procurator Fiscal for Hamilton, said:
"It is our duty to ensure that no one seeking to profit from crime should succeed in their endeavours, and we are determined to pursue the ill-gotten gains from those who seek to do so.
"We will strive to recover any of the financial benefits gained through crime, whether it be cash or assets, so that they can be put to good use and reinvested in our communities."
Ends
Notes for Editors
1. Brief summary of case: Allan Gray, from Hamilton, was passenger within a vehicle being driven by his then girlfriend which crashed. Officers attending the scene noticed a package containing powder within the car. This was recovered and found to be amphetamine, a search of his home address recovered a further quantity of amphetamine the combined wholesale value being £300.
2. 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.
3. 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
4. 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.
5. 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.
6. 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.
7. 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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