CROWN OFFICE AND PROCURATOR FISCAL SERVICE
Alistair Duncan Principal Procurator Fiscal Depute Health & Safety Division
CROWN OFFICE AND PROCURATOR FISCAL SERVICE
Proceeds of Crime meets Health and Safety
CROWN OFFICE AND PROCURATOR FISCAL SERVICE 2
The Role of the Crown Office Health & Safety Division
CROWN OFFICE AND PROCURATOR FISCAL SERVICE 3 COPFS: Background
• Key People
• Local prosecutions
CROWN OFFICE AND PROCURATOR FISCAL SERVICE 4 The Health and Safety Division
• Philosophy and Formation
• Training
• Nationwide Coverage
• VIA Support
CROWN OFFICE AND PROCURATOR FISCAL SERVICE 5 The work of the Division
•Joint investigations •Initial Police primacy •Has an offence been committed? •Possibility of a Fatal Accident Inquiry
CROWN OFFICE AND PROCURATOR FISCAL SERVICE 6 The precognition process
• Identifying further inquiries
• Precognition of witnesses
CROWN OFFICE AND PROCURATOR FISCAL SERVICE 7 Early resolution
• Early contact with the defence
• Early disclosure of evidence
• Identify whether accused will plead guilty
• Agreed narrations
CROWN OFFICE AND PROCURATOR FISCAL SERVICE 8 Proceeds of Crime and Health & Safety Offences
• Early consideration
• Engagement with Financial Investigation Units
• Awareness raising
CROWN OFFICE AND PROCURATOR FISCAL SERVICE 9 Proceeds of Crime
• Background to POCA
• Restraint
• Confiscation
• Development of POCA
CROWN OFFICE AND PROCURATOR FISCAL SERVICE 10 Proceeds of Crime Legislation
•Proceeds of Crime (Scotland) Act 1995 •Proceeds of Crime Act 2002
CROWN OFFICE AND PROCURATOR FISCAL SERVICE 11 Complex financial matters
CROWN OFFICE AND PROCURATOR FISCAL SERVICE 12 Proceeds of Crime and Health & Safety
• Particular criminal conduct – offences lasting less than six months • Lifestyle offences – offences lasting over six months • Schedule 4 offences
CROWN OFFICE AND PROCURATOR FISCAL SERVICE 13 Restraint - how does it work?
• Freezes – not seizes – assets to prevent dissipation • Civil court order of interdict to prohibit dealing with realisable property • Remains in force until proceedings are concluded
CROWN OFFICE AND PROCURATOR FISCAL SERVICE 14 Process
• Foreign Authority submits request for assistance to International Co-operation Unit or • Police Financial Investigation Unit submits report to POCU • POCU prepares application to relevant court • Urgent orders to be obtained within 24 hours of receipt • Non urgent within 1 week
CROWN OFFICE AND PROCURATOR FISCAL SERVICE 15 Drafting Restraints
• POCU consider information submitted for: • Value and nature of assets/ urgency • Evidence of benefit from criminal conduct • Likelihood of proceedings • Likelihood of dissipation
CROWN OFFICE AND PROCURATOR FISCAL SERVICE 16 Effect of Order
• Restraint Order is in force from the time it is granted • On receipt of CCI, POCU will fax to financial institutions to freeze accounts • Heritable property (land, buildings) is inhibited to prevent sale
CROWN OFFICE AND PROCURATOR FISCAL SERVICE 17 CONFISCATION - OVERVIEW
• What is it? An order to pay a fixed sum of money calculated with reference to the accused crime benefit/assets. It is used after conviction as part of the sentencing process and affects all holders of crime proceeds
CROWN OFFICE AND PROCURATOR FISCAL SERVICE 18 How to beat POCA…
• Cars – lease them • Big houses – 99% mortgage • Pensions • Paintings • Watches • Gifts from your granny…
CROWN OFFICE AND PROCURATOR FISCAL SERVICE 19 Any questions?
CROWN OFFICE AND PROCURATOR FISCAL SERVICE 20