Civil asset recovery

Asset recovery under Part 5 of POCA 2002

Under Part 5 of the Proceeds of Crime Act 2002 (POCA 2002), there are dedicated regimes for the recovery of property obtained through unlawful conduct in civil proceedings in the High Court and in the magistrates’ court (depending on the regime). Proceedings brought under these regimes are civil in nature, and do not require proof to a criminal standard. In contrast with criminal proceedings, what is common among all the regimes under POCA 2002, Pt 5 is that the focus of the proceedings is the property itself rather than the culpability of the person holding the property. See Practice Note: Civil recovery orders under the Proceeds of Crime Act 2002.

Accredited financial investigators (AFIs) and their powers

Various investigative powers are available to specified categories of officers under POCA 2002, including AFIs, to support these regimes. The definition of who is an AFI for these purposes is set out in secondary legislation (namely, the Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales and Northern Ireland) Order 2021, SI 2021/640) and

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