Proceeds of Crime Divisions CPS and SFO

Under the Proceeds of Crime Act 2002, CPS and SFO can apply to confiscate assets belonging to convicted criminals. The Home Office estimates that serious organised crime costs the UK economy at least £37 billion each year.

HMCPSI found that both CPS and SFO proceeds of crime teams (POC) were effective in identifying and confiscating criminal assets. The report found that staff in both divisions were highly motivated, skilled and professional, resulting in effective and proactive action. From an evaluation of 80 CPS and 13 SFO cases, the report found that the overwhelming majority of files had a well-structured and thorough case analysis.

The report sought to compare the POC divisions at the CPS and SFO to identify areas of good practice that could be shared between organisations. It praised the CPS’s use of strategy documents to manage casework and recommended that they be adopted by the SFO to assist in the handling of more complex cases and reduce the risk to continuity in the event of a transfer of case ownership.

It recommended that the POC division formally retain their responsibility for all confiscation casework at the CPS after the Covid-19 pandemic.

The collaborative structure of SFO POC teams, which bring together investigators and prosecutors, greatly aids in recovering proceeds of crime. The CPS POC division, where independent police forces carry out investigative functions, should adopt elements of this joined-up approach to build expertise and stronger partnerships. The report also suggested that the CPS POC division should ensure that staff across a number of grades can develop their skills by attending stakeholder engagement meetings.

Commenting on the report, Chief Inspector of HMCPSI, Andrew Cayley CMG QC said:

“The work that the CPS and SFO Proceeds of Crime teams do to recover the illicit gains of criminal conduct is a vital element of the criminal justice system. This joint inspection of both organisations shows that cases are handled proactively and efficiently by dedicated and skilled staff.

There are good practices that the two teams could learn from each other, for example in the use of strategy documents and a more collaborative approach between prosecutors and investigators. The adoption of these recommendations, by each organisation, would improve their service even further.”

ENDS

Notes to editors:

• HMCPSI inspects prosecution services, providing evidence to make the prosecution process better and more accountable. HMCPSI have a statutory duty to inspect the work of the Crown Prosecution Service.
• The report considered a mixture of live and finalised cases. 80 CPS cases (40 restraint, 40 confiscation) and 13 SFO cases (6 restraint and 7 confiscation) were examined. Interviews and focus groups were carried out with individuals across both organisations.
• Owing to the ongoing Covid epidemic, the inspection team conducted the fieldwork remotely.
• The full inspection report can be found attached to this press release
• Proceeds of crime report