22 November 2012
Freedom of Information request: Confiscation Orders issued through POCA legislation
Thank you for your request under the Freedom of Information (Scotland) Act 2002 ("FOISA") dated 12 November 2012 seeking the following information:
- What is the total number of confiscation orders issued by the Crown through POC legislation in 2011/12?
- What was the value of each individual confiscation order and the total value combined?
- How much money has been repaid with regards to these confiscation orders?
- Provide the above information for the years 2007/08; 2008/09; 2009/10; 2010/11.
You ask about the total number of confiscation orders "issued by the Crown" through POC legislation; 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.
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. These figures run from April to April i.e. in line with the financial year. Accordingly the figures for 2011/12 are part of the year figures to date.
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.