This report is the result of a joint inspection by Her Majesty’s Inspectorate of Constabulary for Scotland (HMICS) and the Inspectorate of Prosecution in Scotland (IPS) to inspect the arrangements in police forces and the Crown Office and Procurator Fiscal Service (COPFS) for implementing the Proceeds of Crime Act 2002 in Scotland.
Number | Recommendation |
|---|---|
1 | That as a matter of routine, the use of the Proceeds of Crime Act be mainstreamed within the police service in Scotland and COPFS so that from intelligence gathering to investigation and prosecution: (a) all confiscation opportunities are considered and where appropriate brought into effect against the full spectrum of relevant crime as provided in the Proceeds of Crime Act 2002; and (b) where it is clear that criminal proceedings are not appropriate, that civil recovery (and taxation) provisions are considered at an early stage of investigations and that a direct route is made available to the Civil Recovery Unit in clearly defined circumstances. |
2 | That the Serious Organised Crime Taskforce broaden its focus in relation to proceeds of crime and develop a Scottish Proceeds of Crime Strategy in order to co- ordinate action among partner criminal justice agencies including but not limited to ACPOS and COPFS. In particular the Strategy should focus upon: (a) creating sufficient capability and capacity across partner agencies to address all levels of criminality and all crime types included within the provisions of the Act; and (b) establishing a proactive rather than reactive approach to financial intelligence gathering and investigation in relation to all relevant crime. |
3 | That ACPOS and COPFS appoint leads (champions) to focus on mainstreaming POCA throughout their respective organisations. |
4 | That the current processes used in both policing and COPFS are reviewed to ensure their effectiveness in all aspects of POCA work (as more fully detailed in the suggested action points below) and, that COPFS and ACPOS assure themselves that these activities are taking place through their normal performance management regimes. (xx) Whilst not underestimating the scale of the task at hand, we consider that the outcomes we describe above should be achievable within 3 years from the publication of this report and that considerable progress should be made within twelve months. (xxi) Equally whilst recognising that the relevant agencies have both the necessary skills and determination to develop a plan to achieve this outcome, our experience gained from conducting this inspection leads us to make the following suggestions for ACPOS and COPFS. |