Scottish Government
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Crackdown on criminal underworld

New powers which will allow law enforcement agencies to recover even more gangsters' profits will come into force this week as Ministers seek to crack down further on the illegal activities of the criminal underworld.

Under changes being brought in to strengthen the Proceeds of Crime Act (POCA), the range of offences that qualify as being a criminal lifestyle will be extended to include even more crimes. The threshold for the other criminal lifestyle tests will also be lowered from £5,000 to £1,000, meaning that more profits can be stripped from all levels of criminals operating in Scotland.

The legislative changes will create greater opportunities and flexibility for law enforcement agencies to recover criminal profits from crooks, which can then be reinvested back into positive projects in the community through the Cashback scheme.

More than £40 million has so far been invested through the Cashback for Communities initiative and over 300,000 youngsters have benefitted from activities which simply would not have existed otherwise.

Justice Secretary Kenny MacAskill said:

"Serious organised crime committed by these gangsters affects us all. It brings misery to thousands of Scots families through the evil trade they peddle - whether it's drugs, prostitution, extortion or intimidation and fear. Their criminal activity undermines legitimate hard-working businesses and we have had enough of it.

"Scotland's law enforcement agencies are coming down hard on these criminals, bringing them to justice and seizing the assets from their ill-gotten gains. The cash seized from these crooks is being reinvested back into Scottish communities giving young people something positive to do.

"But we want to ensure our law enforcement agencies have every tool in the armoury in their efforts to punish the gangsters and bring them to justice.

"These legislative changes are another key step forward in the implementation of the Serious Organised Crime Strategy. Today's announcement sends out a clear message to the Mr Bigs and their lieutenants on the streets that if you commit these crimes, we'll be taking back your cash, stripping you of your assets and we'll be giving it back to hard-working Scots families."

Lesley Thomson, Area Procurator Fiscal for Glasgow (and Crown Office POCA Champion), said:

"The purpose of the proceeds of crime legislation is to deprive criminals at all levels of cash and assets gained through criminal activity.

"The majority of the population of Scotland are decent hard working people but unfortunately there are some who seek to live a lifestyle funded solely by criminality.

"These amendments to the Proceeds of Crime Act are to be welcomed as they will allow us to target a wider range of criminals and criminal conduct. The message is clear: Using the enhanced powers under the proceeds of crime legislation, we will continue to work closely with law enforcement colleagues to ensure that criminals are stripped of the assets they think of as status symbols, but quite simply are the product of corruption, deception and sheer greed."

Angela Wilson, Chief Superintendent at Tayside Police (and ACPOS POCA Champion), said:

"Serious Organised Crime takes many forms and includes a range of offences. Such criminality causes a great deal of harm in our communities and to our economy. Scottish Police work in close partnership with the Crown Office and Procurator Fiscal Service and our other law enforcement partners, to maximise opportunities to disrupt and deter offenders.

"One very effective way of doing this is to take away the money criminals make through their illicit activity and for this to be fed back into our communities to provide diversionary activities through Cashback for Communities.

"As ACPOS champion for the Proceeds of Crime Act, I welcome the amendment Order that has been approved by Parliament as this will allow us to be even more effective in disputing criminals and to leave them with fewer opportunities to find financial loop holes.

"The message is loud and clear - commit crime and we are coming after you and your assets - we aim to make sure that crime does not pay."

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