Freedom of Information Request: Proceeds of Crime Act 2002
Thank you for your request under the Freedom of Information (Scotland) Act 2002 ("FOISA") dated 26 April 2013 in which you seek a list of each successful confiscation order made by Scotland's Crown Office and Procurator Fiscal Service in each of the last financial years 2013/14 (to date), 2012/13, 2011/12 and 2010/11. You have also asked for the details of the case (i.e. name of criminal, nature of the offence and where it took place), the value of the order (including any assets), when the money/assets were received, and where appropriate the amount still outstanding on the order.
In answering this request I think it would be helpful to clarify that a confiscation order is an order of the court, whereby the subject of the order is required to make payment of a fixed sum of money reflecting the benefit obtained from his or her criminal conduct. In criminal confiscation cases the Crown does not seize and sell assets.
The information held by the Crown Office and Procurator Fiscal Service ("COPFS") which falls within the ambit of your request is contained in the attached Spreadsheet. The figures have been broken down according to which "legacy" police force (i.e. before the introduction of the Police Service of Scotland) was responsible for reporting the predicate criminal offence to COPFS.
Additionally in terms of section 17 of FOISA I can confirm that the information you seek in relation to the amount of money repaid with regards to these confiscation orders is not held by COPFS. May I suggest that you contact the Scottish Court Service at:
Post: The Freedom of Information Officer, Scottish Court Service Headquarters, 1A Parliament Square, Edinburgh, EH1 1RF.