Freedom of Information: Rent (S) Act 1984 25 October 2013
Thank you for your further e-mail of 11 October 2013 in which you queried whether Local Authorities can submit reports in relation to offences contrary to the Rent (S) Act 1984 and whether the Civil Recovery Unit (CRU), acting on behalf of the Scottish Ministers CRU can bring proceedings without any criminal conviction having occurred, and if so can whether I could list the reporting agencies who may make a referral to the CRU.
I can advise that over 50 specialist reporting agencies, other than the Police, report cases of criminal conduct for consideration to the Procurator Fiscal each year including Local Authority departments. Reports in relation to criminal allegations are ordinarily made to the Procurator Fiscal by the police. I am unable to comment on the investigation and reporting policy of the Local Authority. I would suggest that you refer this section of your request to them.
The Civil Recovery Unit (CRU) bring civil proceedings in respect of recoverable property under Part 5 of the Proceeds Of Crime Act (POCA) 2002. Such proceedings do not require that a criminal conviction be obtained in respect of the individual or company which holds the recoverable property. POCA 2002 only requires that the property was obtained as a result of unlawful conduct.
Reporting agencies do not refer cases directly to CRU. Any agency that has the authority to report a criminal case may have its case subsequently referred to the CRU by the Crown. In effect, the CRU only receive cases from COPFS.