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COPFS

POCA (10/11/2016) (R014545)

Thank you for your request dated 17 October 2016 under the Freedom of Information (Scotland) Act 2002 (FOISA) for the undernoted information:

“I'm looking for details of all concluded Proceeds of Crime cases for Scottish courts over the last year or so.

I made this request last year and was provided with details up until September 18 2015.  If the data could follow on from this date up until now please.

Could you please break this down by - 

Name of accused

The court that dealt with the case

The date of the order

The type of offence

The proceeds of the crime

The realisable assets

The amount the final order was made for

Could you provide me with overall totals for the proceeds of crime figure, the realisable assets figure and the orders made.”

I attach a table at Annex A showing the information requested from 18 September 2015 up to and including 21 October 2016.

Overall totals for this period are not recorded by COPFS and accordingly in terms of Section 17 of FOISA are not held.

It should be noted that the named courts listed in the Court column of the table are Sheriff Courts unless they are followed by the initials HC, which denotes High Court.

It should also be noted that the initials MDA referred to in the Charge column of the attached table refer to the Misuse of Drugs Act.

You may note that there are some confiscation orders in which the accused’s realisable assets (available amount) differ from their financial crime benefit (benefit figure).  The benefit figure is the amount by which the accused has benefitted from their crime and the available amount is the realisable assets which they have.  In instances where there are no assets available at the time a confiscation order is made an order can be made for as small a figure as £1.00.  These confiscation orders are called nominal confiscation orders.  The purpose of a nominal order is to preserve the Crown’s position, so that if the accused obtains any assets in the future the Crown can ask the court to recalculate the confiscation order.

You will note that there are a number of entries which relate to an order under Section 107.  These are not new orders, but relate to an earlier order made in Court against the accused.  In instances where the recoverable assets are less that the proceeds of the crime, should further assets be identified or the true value once realised be greater than previously thought, Section 107 of the Act enables the prosecutor to return to Court to increase the amount which the accused requires to pay (subject to the maximum being his benefit figure from the proceeds of crime).

 

  POCA Annex A R014545.pdf