The Proceeds of Crime Act 2002 is a piece of legalisation which gives officers the power to seize cash and recover cars, houses and other assets from criminals.
A confiscation order can be made using the Act by the Crown Court to deprive criminals of the benefit from their crimes. If it is proven that a criminal has committed an acquisitive crime (i.e. theft) and they have benefitted from that crime, then an accredited Financial Investigator can identify the value of any assets the criminal holds (bank accounts, houses, vehicles). This can then be used to pay back the amount they are said to be have benefitted from their crime, even if the assets are legally held.
If the application for a confiscation order is successful, criminals have a specified number of days, weeks, months to pay the full amount or be subject to a prison sentence.
A forfeiture order can also be made against a person at Magistrates Court using the Proceeds of Crime Act. This is only made against cash which is believed to be the proceeds of crime or intended for use in crime. An order can be made even if someone has not been charged or convicted of criminal offence.
The cash and assets recovered are then made available to fund community projects and other police operations to target criminals.
The Why Should They? campaign aims to raise awareness of this. Further details can be found by visiting www.whyshouldthey.com.
Updated July 2010