Hitting Them Where It Hurts: The history and development of Civil Recovery powers under the Proceeds of Crime Act (2002 - 2016).

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Civil recovery allows the State to confiscate assets even in the absence of criminal conviction. Thus, there are significant implications for the content and procedures of criminal law and evidence.In January 2016, the Home Affairs Select Committee launched its Inquiry into the Proceeds of Crime Act. In November 2015, the National Security Strategy emphasised the importance of targeting criminal assets, promising to: 'introduce new measures to make the UK a more hostile place for those seeking to move, hide or use the proceeds of crime and corruption or to evade sanctions.' (p.42) Following critical assessment of post-conviction confiscation orders by both the National Audit Office (2013 & 2016) and the Public Accounts Committee (2014), it is unsurprising that there is now even greater attention on 'civil recovery' provisions under the Proceeds of Crime Act 2002 (POCA). This research project will examine the history, policy issues, and legislative developments (ie the pre-POCA phase of research), and contrast these with post-POCA (2002-2016) developments, using documentary analysis and research interviews. These interviews will be conducted with key actors in the criminal justice system, offering new insights into the development of civil recovery, and the consequent impact on criminal law, evidence, and procedure. The issues to be explored in the research interviews have been identified, and refined, following a pilot study carried out between November 2015 and February 2016.In tackling organised crime the tactic of 'following the money' is now a central feature of government policy , gaining a particularly strong foothold in the build up to the UK Proceeds of Crime Act 2002, subsequent legislative amendments, and judicial interpretation of the legal provisions. That focus on criminal finances continues unabated today (see above). Yet, policy is all too often inadequately informed by evidence-led research on historical development, policy issues, and legislative change (including judicial interpretations). Now is an ideal time to step back and reflect upon the development of civil recovery powers, and their impact on criminal law, evidence, and procedures - from the date of enactment up to the date of the Home Affairs Select Committee Inquiry (2002 - 2016).This project will build upon the extensive work I have already conducted in this area, which has enabled me to identify key areas that require deeper examination. The specific focus of this project has been further refined in consultation with leading stakeholders, and I have established an excellent policy and practice focused Advisory Board, with representatives of:- the National Crime Agency, - the Home Office, - Eurojust, and - Royal United Services Institute (RUSI). The main outputs from this project will be:- a monograph entitled 'Civil Recovery of Criminal Assets' which is under contract with Oxford University Press;- four peer-reviewed articles in leading journals;- a series of presentations at academic and practitioner events;- Executive Summaries produced in consultation with the project Advisory Board;- an end of project, practitioner-focused, workshop;- podcasts from the project workshop; and - a conference to support emerging researchers in this field of study. These outputs will be of benefit to a wide audience, from academic, policy, and practice backgrounds.This project will build upon my previous research over the past decade. Whereas my previous research focused on a doctrinal analysis of proceeds of crime legislation, this project is driven by a new focus - combining documentary analysis and research interviews - exploring historical development, policy issues, and legislative responses (both pre-POCA and post-POCA (2002-2016)), drawing upon insights from key actors in the UK and delivering fresh perspectives on the controversial civil recovery powers.