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Scottish Government
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Tougher powers to seize criminal gains
New measures to disrupt, divert and deter serious organised criminals.
Serious organised criminals are to be hit harder and faster in the pocket under plans being unveiled today.
Proposals have been put forward to strengthen Proceeds of Crime legislation to make it faster, tougher and to crack down on criminals who avoid paying.
As the legislation is reserved, at the request of the Scottish Government, the UK Government has included the following measures in its Serious Crime Bill:
- Tougher prison sentences for failing to pay confiscation orders
- Enabling assets to be frozen faster and earlier in investigations
- Ensuring confiscation orders are in place for those who abscond before being convicted
- Requiring judges to consider attaching overseas travel bans to restraint and confiscation orders
The Scottish Government has also requested the Bill includes three specific measures, which will only apply in Scotland:
- Ensuring confiscation orders are not stopped as a result of offenders serving default sentences
- Creating new offences for breach of specific orders used during civil confiscation cases. This will make it less likely for assets to be broken up during a case.
- Establishing the role of administrators to allow more cost-effective management of property held during civil confiscation cases
The Bill brings forward a new offence in England and Wales ‘participation in an organised crime group’. This aims to deter those assisting in criminal activity and is already in place in Scotland through the Criminal Justice and Licensing (Scotland) Act 2010.
The legislation also aims to introduce Serious Crime Prevention Orders in Scotland, bring in tougher sentences for cybercriminals and those disabling computer systems and ensure habitual and well as permanent Scottish residents will be liable for prosecution for female genital mutilation.
Justice Secretary Kenny MacAskill said:
“Serious criminals will be hit harder and faster in the pocket under the measures we have asked to be included in the Serious Crime Bill.
“The legislation will mean tougher sentences, faster asset seizure and will crack down on those who seek to escape abroad without paying back for the damage they have done through our unique CashBack to Communities scheme which invests crooks' cash in facilities and activities for our young people
“The Bill will also close a loophole which means that offenders can no longer dodge paying confiscation orders by serving default sentences.
“I also welcome the UK Government following Scotland’s lead, creating the offence of participation in an organised crime group to tackle those who seek to help serious criminals.”
Notes To Editors
The Serious Crime Bill will require legislative consent for amendments to the Proceeds of Crime Act 2002, reform of serious crime prevention orders, the Computer Misuse Act 1990 and the closing of a legislative loophole around Female Genital Mutilation legislation.
Since 2007 almost £74 million has been seized from criminals in Scotland through the Proceeds of Crime Act.
CashBack for Communities has invested over £74 million recovered from the proceeds of crime in Scotland since its inception in 2007 to provide over 1.5 million free sporting, cultural, youth- work, employability and educational activities for young people. For more details:
http://www.scotland.gov.uk/Topics/Justice/policies/community-engagement/c ashback
