Tougher powers to seize criminal gains
6 Jun 2014 03:36 PM
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