Advanced Search

CPS Proceeds of Crime (CPSPOC)

Introduction

CPS Proceeds of Crime was launched on 30 June 2014 and comprises Central Units, based in CPS HQ in London, and three regional teams.

CPS Proceeds of Crime is responsible for all CPS restraint order activity and all CPS confiscation order enforcement activity. It is also responsible for obtaining a proportion of CPS confiscation orders.

Chief Crown Prosecutor, Nick Price, has overall responsibility for CPS Proceeds of Crime and reports to the CPS Director of Legal Services and Director of Business Services. The Chief Crown Prosecutor is supported by a Senior Management Team including a Business Manager who oversees the business management functions including finance, HR and performance, and a Deputy Chief Crown Prosecutor who is responsible for day to day operational delivery.

CPS Proceeds of Crime is committed to providing the very best service to CPS colleagues, law enforcement partners, the criminal justice service as a whole and the wider public with regard to CPS asset recovery responsibilities.

The CPS Asset Recovery Strategy supports the government's Serious and Organised Crime Strategy, which aims to substantially reduce the level of serious and organised crime affecting the UK and its interests.

Top of page

Our Work

Enforcement

Although the vast majority of enforcement cases are handled by HM Courts and Tribunals Service, the CPS takes responsibility for enforcing the most high-value and complex confiscation orders.

The CPS prosecutor, responsible for enforcing an order, must make an assessment of how much of the total order is collectable.

"Collectable" is defined as "a known asset that the enforcement agency believes they can obtain using powers under the Proceeds of Crime Act 2002." Information about the Proceeds of Crime Act can be found in the CPS legal guidance.

In a significant number of cases, where there is a difference between the value of an order and the amount that is collectable, there will be a disparity between the amount outstanding and the amount recovered.

Criminals go to great lengths to hide their assets and it can take time for investigators to locate them. In one case, over 70 third parties held assets belonging to a criminal (and each was notified that the assets would be confiscated). Enforcement is therefore an on-going process and orders will be carried over from previous years.

Enforcement receivers can be appointed after a confiscation order has been made and will be used where the prosecutor believes that the order can be more effectively enforced by a receiver.

If the case predates the Proceeds of Crime Act 2002, the appointment is made by a High Court judge. If the Proceeds of Crime Act 2002 applies, then the decision is made by a Crown Court judge.

The receiver's role is to arrange the sale of the offender's assets so that the confiscation order can be paid.

Once appointed, the receiver is an independent officer of the court and is not part of the prosecution team.

Confiscation Orders

A confiscation order is designed to ensure the offender does not keep the money they acquired through their crimes. This is an order to pay a sum of money and constitutes part of the sentencing process.

The courts determine the value of an order by calculating a defendant's total benefit from crime unless the defendant can demonstrate that some or all of it is no longer available. If an offender fails to pay their confiscation order, the Court can add a term of imprisonment. This is called a "default sentence". The length of the sentence is fixed by the Crown Court judge who makes the confiscation order. If an offender fails to pay their confiscation order, it is the magistrates' court that considers why this has happened and whether to order that the offender should serve the term of imprisonment set as the default sentence.

With the exception of some confiscation orders made before 1 November 1995, service of the default sentence does not relieve the offender of the obligation to pay the confiscation order which remains outstanding.

International activity

The CPS deploys lawyers overseas as Asset Recovery Advisors (ARAs) - organised crime works across borders and so must we.

ARAs are CPS prosecutors with real expertise and experience in asset recovery who will be deployed to priority countries to work directly with local criminal justice agencies and partners in government.

The first ARAs are already based in Spain and the United Arab Emirates and work is underway to identify where additional postings should be made.

The presence of our prosecutors abroad is not just about enforcing individual orders but also about the opportunity to influence change to the legal and operational environment to better allow for much more to be recovered overall. Specifically, it is intended that the advisors will:

  • support international financial investigations through clear, informed, expert casework advice and assistance; and
  • advise on policy and legislative developments, helping to identify where systemic or legal change in the UK or elsewhere would increase the ability to seize more illicit assets.

In addition to the deployment of ARAs, the CPS has prosecutors with wider remits who are stationed across the world and able to assist in proceeds of crime related matters.

Civil Recovery

Those committing organised crime and economic crime are careful not only to hide their assets but also their involvement in offences. If a criminal prosecution is not feasible, civil recovery may present an opportunity to deprive criminals of their profits. Civil recovery can also be used when a conviction is obtained but a confiscation order is not made, or when the public interest is better served by using a civil rather than a criminal disposal. It is therefore potentially a powerful tool to be used against organised and economic crime.

For instance, we can use civil recovery when:

  • The criminality took place overseas and we cannot prosecute the case in our courts
  • We have identified criminal assets but we cannot link them to any individual
  • There is simply insufficient evidence to bring criminal proceedings.

To ensure that we only use civil recovery where it is proper to do so, our prosecutors apply the Attorney General's Guidance on Asset Recovery Powers for Prosecutors when considering the public interest in using non-conviction based powers.

To mitigate the risk of substantial costs being awarded against the CPS in the event of an unsuccessful application, the DPP will personally approve the commencement of all civil recovery actions and proceedings will only be conducted by prosecutors in CPS Proceeds of Crime.

Top of page

Contact us

CPS Proceeds of Crime: London and South Casework Office

Dealing with asset recovery in prosecutions from London, Dorset, Hampshire and Isle of Wight, Wiltshire, Avon and Somerset, Devon and Cornwall, Gloucestershire, Berkshire, Buckinghamshire, Oxfordshire, Kent, Surrey and Sussex

Rose Court
2 Southwark Bridge Road
London
SE1 9HS
DX 154263 Southwark 12

Tel: 020 3357 0393

Email: cpspocsouth.general@cps.gsi.gov.uk

CPS Proceeds of Crime: Midlands and Eastern Casework Office

Dealing with asset recovery in prosecutions from the West Midlands, Norfolk, Suffolk, Essex, Hertfordshire, Bedfordshire, West Mercia, Staffordshire, Warwickshire, Derbyshire, Leicestershire, Lincolnshire, Nottinghamshire, Northamptonshire and Cambridgeshire

2 King Edward Court
King Edward Street
Nottingham
NG1 1EL
DX 729101 Nottingham 48

Tel: 020 3357 0392

Email: CPSPOCMidlands-Eastern.general@cps.gsi.gov.uk

CPS Proceeds of Crime: North and Wales Casework Office

Dealing with asset recovery in prosecutions from West Yorkshire, South Yorkshire, Humberside, North Yorkshire, Merseyside, Cheshire, Cumbria, Greater Manchester, Lancashire, Cleveland, Durham, Northumbria, Gwent, North Wales, South Wales and Dyfed Powys

Jefferson House
27 Park Place
Leeds
LS1 2SZ
DX 26435 Leeds Park Square

Tel: 020 3357 0394

Email: CPSPOCNorth-Wales.general@cps.gsi.gov.uk

Contact Information for the Defence

If you are representing a defendant in proceedings and wish to contact CPS Proceeds of Crime about a specific case you can do so using your Criminal Justice Secure email system account (CJSM) - just add .cjsm.net to the end of the relevant email address above.

Please ensure that the following information is provided in the email:

SUBJECT BOX: Defendants full name, any date of hearing and the court centre.

BODY OF EMAIL: Defendants name, date of birth, court venue, date of hearing, CPS reference number, your reference, nature of the request and full contact details.

Failure to include this information will result in a delay processing your request.

Members of the Public

If you are a member of the public and are legally represented, please ask your advocate to contact us using the email addresses above.

If you are not legally represented please call the relevant office on the number above. When contacting the CPS please have ready as much information as possible, such as the name(s) of the defendant(s), the nature and date(s) of the offence(s), the court that dealt with the case, the date(s) of any hearing(s) and the police force that investigated the offence(s).

Media Enquiries

If you are a journalist, TV producer, press researcher or work in the media and you have a question about the work of CPS Proceeds of Crime or a specific case you should contact the CPS Press Office by phone on 020 3357 0906 or by email at cps.pressoffice@cps.gsi.gov.uk

Recruitment

All enquiries about CPS recruitment campaigns should be referred to the CPS Strategic Resourcing Team by email at strategic.resourcing@cps.gsi.gov.uk.

Complaints and feedback

If you wish to complain or give feedback about the service provided by the CPS you should refer to the Feedback and Complaints section of the CPS website. Guidance on the way the CPS deals with complaints is also available in this section.

Victims' Right to Review

If you are a victim seeking to exercise your right to request a review of a CPS decision not to bring charges, discontinue proceedings or offer no evidence in a case, please see the Victims' Right to Review guidance elsewhere on the CPS website.

Top of page

Statistical Information

The data below relates to the period between December 2013 and September 2015.

Confiscation orders deemed to be the responsibility of the CPS for enforcement purposes:

Live Orders Live Orders Live Orders Live Orders Collected
Number of orders Amount outstanding of all orders (excl interest) Amount Collectable Proportion Collectable Amount recovered
December 2013 Live Orders 1265
£481,156,586
£170,824,132
35.5%
£7,371,845
January 2014 Live Orders 1283
£466,859,917
£168,414,906
36.1%
£7,513,058
New in Jan 69
Finalised from Dec 51
February 2014 Live Orders 1268
£474,206,815
£176,050,896
37.1%
£4,147,924
New in Feb 97
Finalised from Jan 112
March 2014 Live Orders 1289
£473,717,376
£161,813,892
34.2%
£7,771,347
New in Mar 107
Finalised from Feb 86
April 2014 Live Orders 1339
£501,450,120
£159,416,384
31.8%
£6,725,973
New in Apr 138
Finalised from Mar 88
May 2014 Live Orders 1292
£489,571,080
£155,133,274
31.7%
£8,691,051
New in May 49
Finalised from April 96
June 2014 Live Orders 1256
£475,130,573
£155,625,310
32.8%
£3,670,147
New in June 49
Finalised from May 85
July 2014 Live Orders 1224
£507,881,827
£158,034,537
31.1%
£6,976,933
New in July 54
Finalised from June 86
August 2014 Live Orders 1195
£501,224,230
£155,873,115
31.1%
£4,676,641
New in August 50
Finalised from July 81
September 2014 Live Orders 1193
£496,813,079
£153,532,468
30.9%
£5,703,611
New in September 59
Finalised from August 60
October 2014 Live Orders 1233
£481,420,756
£153,995,097
32.0%
£5,920,613
New in October 100
Finalised from September 58
November 2014 Live Orders 1253
£474,658,232
£150,932,631
31.8%
£3,468,738
New in November 80
Finalised from October 63
December 2014 Live Orders 1244
£494,505,717
£155,810,204
31.5%
£3,643,217
New in December 81
Finalised from November 90
January 2015 Live Orders 1271
£493,937,209
£159,886,105
32.4%
£6,608,123
New in January 91
Finalised from December 67
February 2015 Live Orders 1273
£505,598,593
£162,840,290
32.2%
£5,866,450
New in February 102
Finalised from January 101
March 2015 Live Orders 1272
£502,335,644
£162,329,085
32.3%
£6,529,799
New in March 78
Finalised from February 80
April 2015 Live Orders 1254
£467,700,911
£163,637,270
35.0%
£5,244,339
New in April 98
Finalised from March 116
May 2015 Live Orders 1238
£464,030,758
£164,342,039
35.4%
£7,543,665
New in May 78
Finalised from April 91
June 2015 Live Orders 1256
£485,166,763
£174,843,541
36.0%
£6,039,641
New in June 101
Finalised from May 118
July 2015 Live Orders 1232
£484,040,368
£176,874,538
36.5%
£9,596,384
New in July 96
Finalised from June 97
August 2015 Live Orders 1201
£469,473,887
£177,107,145
37.7%
£6,547,782
New in August 68
Finalised from July 102
September 2015 Live Orders 1171
£459,442,010
£173,965,915
37.9%
£6,841,290
New in September 71
Finalised from August 113
October 2015 Live Orders 1141
£450,315,372
£176,493,435
39.2%
£5,055,849
New in October 83
Finalised from September 83
November 2015 Live Orders 1148
£438,569,955
£180,971,718
41.3%
£7,874,117
New in November 88
Finalised from October 83
December 2015 Live Orders 1163
£433,896,096
£172,162811
39.7%
£8,177,669
New in December 98
Finalised from November 98
January 2016 Live Orders 1145
£409,240,961
£150,201,
36.7%
£6,044,107
New in January 82
Finalised from December 71
February 2016 Live Orders 1172
£412,652,493
£157,210,118
38.1%
£8,964,571
New in February 96
Finalised from January 107
March 2016 Live Orders 1142
£605,251,796
£151,818,740
25.1%
£6,991,346
New in March 79
Finalised from February 101
April 2016 Live Orders 1120
£597,952,566
£179,709,349
30.1%
£6,220,765
New in April 79
Finalised from March 91
May 2016 Live Orders 1119
£611,441,407
£179,719,302
29.4%
£4,192,706
New in May 85
Finalised from April 110
June 2016 Live Orders 1122
£571,058,817
£145,731,857
25.5%
£5,245,879
New in June 115
Finalised from May 103

Data on numbers of Confiscation Orders, amount outstanding and amount collected is from the Joint Asset Recovery Database (JARD) where the CPS is recorded as the Lead Enforcement Agency. JARD is a live database and figures are subject to change.

The Amount Collectable figure is assessed by the CPS on a monthly basis on Orders where the CPS is recorded as the Lead Enforcement Agency on JARD.

Priority Cases

"Priority cases" have been established to ensure that the CPS is properly targeting its resources and are those cases where:

  • The debt is collectable; and
  • The collectable debt exceeds an initial threshold of £500,000; or
  • Enforcement will maximise assets removed from serious and organised criminals, in line with the CPS strategy and the Government's strategy; or
  • Where failure to enforce might have an adverse impact on public confidence.
Live Orders Live Orders Live Orders Live Orders Collected
Number of orders Amount outstanding of all orders (excl interest) Amount Collectable Proportion Collectable (% of priority debt) Amount recovered
December 2013 Live Orders 59
£192,568,352
£102,721,749
53.3%
£3,291,863
January 2014 Live Orders 61
£187,899,311
£105,090,927
55.9%
£2,340,159
New in January 4
Finalised from December 2
February Live Orders 66
£203,134,667
£113,621,018
55.7%
£1,033,641
New in February 5
Finalised from January 0
March 2014 Live Orders 55
£156,503,478
£95,479,623
61.0%
£3,011,320
New in March 2
Finalised from February 13
April 2014 Live Orders 63
£164,335,419
£94,613,912
57.6%
£2,763,939
New in April 10
Finalised from March 2
May 2014 Live Orders 67
£185,932,107
£92,490,650
49.7%
£4,838,114
New in May 5
Finalised from April 1
June 2014 Live Orders 72
£199,042,761
£95,924,339
48.2%
£1,034,965
New in Apr 5
Finalised from Mar 0
July 2014 Live Orders 74
£227,983,750
£100,426,213
44.0%
£3,999,183
New in July 2
Finalised from June 0
August 2014 Live Orders 77
£227,490,835
£98,482,334
43.3%
£1,637,563
New in August 3
Finalised from July 0
September 2014 Live Orders 79
£230,474,488
£100,127,905
43.4%
£2,261,156
New in September 4
Finalised from August 2
October 2014 Live Orders 78
£217,195,305
£95,634,309
44.0%
£2,816,248
New in October 4
Finalised from September 1
November 2014 Live Orders 77
£213,805,501
£91,671,710
42.9%
£1,168,062
New in November 2
Finalised from October 1
December 2014 Live Orders 80
£219,401,303
£96,224,981
43.9%
£818,163
New in December 5
Finalised from November 2
January 2015 Live Orders 80
£219,448,881
£97,156,513
44.3%
£2,265,704
New in January 1
Finalised from December 0
February 2015 Live Orders 85
£223,089,491
£99,855,441
44.8%
£734,140
New in February 5
Finalised from January 0
March 2015 Live Orders 86
£223,812,681
£101,275,693
45.3%
£1,573,101
New in March 1
Finalised from February 0
April 2015 Live Orders 87
£225,688,199
£101,980,225
45.2%
£1,602,010
New in April 1
Finalised from March 0
May 2015 Live Orders 89
£227,665,485
£103,045,364
45.3%
£3,737,321
New in May 4
Finalised from April 2
June 2015 Live Orders 96
£237,819,037
£103,402,440
43.5%
£1,253,543
New in June 1
Finalised from May 2
July 2015 Live Orders 81
£193,825,544
£72,131,467
37.2%
£3,909,321
New in July 2
Finalised from June 1
August 2015 Live Orders 89
£221,348,944
£94,299,163
42.6%
£2,951,243
New in August 1
Finalised from July 3
September 2015 Live Orders 88
£216,663,864
£91,570,985
42.3%
£1,674,073
New in September 0
Finalised from August 1
October 2015 Live Orders 88
£218,508,468`
£93,628,164
42.8%
£1,172,227
New in October 2
Finalised from September 2
November 2015 Live Orders 90
£223,563,051
£99,078,772
44.3%
£3,646,424
New in November 2
Finalised from October 1
December 2015 Live Orders 90
£219,035,732
£90,524,055
41.3%
£3,762,401
New in December 1
Finalised from November 3
January 2016 Live Orders 89
£213,461,067
£93,331,558
43.7%
£2,093,749
New in January 2
Finalised from December 0
February 2016 Live Orders 91
£220,515,385
£98,644,215
44.7%
£2,412,937
New in February 1
Finalised from January 2
March 2016 Live Orders 89
£421,828,464
£94,530,139
22.4%
£1,810,832
New in March 2
Finalised from February 2
April 2016 Live Orders 87
£418,591,845
£124,551,857
29.8%
£2,162,487
New in April 0
Finalised from March 3
May 2016 Live Orders 85
£444,528,821
£126,615,529
28.5%
£682,442
New in May 0
Finalised from April 2
June 2016 Live Orders 83
£408,817,986
£91,846,211
22.5%
£1,105,227
New in June 0
Finalised from May 1
Proportions of Priority Orders % of outstanding amount that is in priority cases % of collectable amount that is in priority cases
December 2013 - - -
January 2014 4.7% 40.0% 60.1%
February 2014 4.8% 40.1% 62.2%
March 2014 4.6% 41.0% 63.5%
April 2014 4.3% 33.0% 59.0%
May 2014 4.7% 32.8% 59.4%
June 2014 5.2% 38.0% 59.6%
July 2014 5.7% 41.9% 61.6%
August 2014 6.0% 44.9% 63.5%
September 2014 6.4% 45.4% 63.2%
October 2014 6.6% 46.4% 65.2%
November 2014 6.3% 45.1% 62.1%
December 2014 6.1% 45.0% 60.7%
January 2015 6.4% 44.4% 61.8%
February 2015 6.3% 44.4% 60.8%
March 2015 6.7% 44.1% 61.3%
April 2015 6.9% 48.3% 62.3%
May 2015 7.2% 49.1% 62.7%
June 2015 7.6% 49.0% 59.1%
July 2015 6.6% 40.0% 40.8%
August 2015 7.5% 47.1% 53.2%
September 2015 7.5% 47.2% 52.6%
October 2015 7.7% 48.5% 53.0%
November 2015 7.8% 51.0% 54.7%
December 2015 7.7% 50.5% 52.6%
January 2016 7.8% 52.2% 62.1%
February 2016 7.8% 53.4% 62.7%
March 2016 7.8% 69.7% 62.3%
April 2016 7.8% 70.0% 569.3%
May 2016 7.6% 72.7% 70.5%
June 2016 7.4% 71.6% 63.0%

Statistical information updated October 2016

Top of page