Civil asset recovery

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Asset recovery under Part 5 of POCA 2002

Under Part 5 of the Proceeds of Crime Act 2002 (POCA 2002) (POCA 2002, ss 240–316), 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. Proceedings brought under these regimes are civil in nature, and do not require proof to a criminal standard even if, as with the regimes for the forfeiture of cash, specified items of personal property (listed assets) and money in accounts, they take place primarily in the criminal courts. 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

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