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COPFS

Civil Assets Recovery for 2010 – 2016 (R015705)

Thank you for your request dated 25 March 2017 under the Freedom of Information (Scotland) Act 2002 (FOISA) for the undernoted information:

"I note the COPFS has kindly released tables detailing the amounts remitted from cash seizures for several financial years for example, http://www.crownoffice.gov.uk/images/ProceedsofCrimeActR010389CashForfeitures1April14to31March15.pdf

Such tables note the dates and value of individual remittances made within the financial year.

I am writing to request similar tables for (civil asset) recovery orders for the financial years 2015-16; 2014-15; 2013-14; 2012-13; 2011-12; and 2010-11.

Ideally, such tables would note the date and value of the (civil asset) recovery orders for named individuals and the offence (type) to which the order relates. However, I realise names and offences may not be not collated"

Civil recovery is dealt with by the Civil Recovery Unit (CRU), a constitutionally distinct unit acting as sole agents for the Scottish Ministers to carry out civil investigations and litigation under Part 5 of the Proceeds of Crime Act 2002 (POCA).

The Civil Recovery Unit (CRU) acts on behalf of the Scottish Ministers as the enforcement authority for Scotland under Part 5 of the Proceeds of Crime Act 2002.  CRU functions under the 2002 Act can be divided into two areas: asset recovery and cash forfeiture.  Cash forfeiture cases only are heard in the Sheriff Court.  Other assets are dealt with by proceedings raised in the Court of Session.

The amounts remitted to the Scottish Consolidated Fund (SCF) on a case by case basis for financial years 2012-2015 are as noted in the table attached at Annex A. There is no statutory requirement for an offence to exist for civil recovery purposes so there is no information held on this. Prior to 2012 we did not have the current case management system and in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. Under Section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under Section 12. Accordingly to provide the information requested for the period before 2012 would involve an exercise whereby a manual search and review of all referrals and subsequent cases would require to be undertaken. The time taken to complete this would exceed the cost limit.