Framework Agreement for the Appointment of an Office Holder in Criminal Confiscation and Civil Recovery Cases

Framework Agreement for the Appointment of an Office Holder in Criminal Confiscation and Civil Recovery Cases . The Crown Prosecution Service (CPS) sought to procure a service for the appointment of an Office Holder in Criminal Confiscation and Civil Recovery Cases.

The CPS (or other body as applicable) will apply to the court for the appointment of Receivers and Trustees under the Proceeds of Crime Act 2002 (for criminal confiscation and civil recovery casework) and the legislation that preceded the Proceeds of Crime Act 2002 (for criminal confiscation casework). The requirement was for a Framework Agreement to be put in place as the mechanism by which the CPS and other bodies will select an Office Holder to be put forward to the court for appointment.

The Office Holder will be appointed as a Receiver or Trustee either to manage assets or to take possession of and realise assets to pay a Confiscation Order in Criminal Confiscation Cases and to investigate the origins of assets, manage assets or to take possession of and realise assets subject to Civil Recovery Orders in Civil Recovery Cases. The CPS has a specialist division dedicated to asset recovery – CPS Proceeds of Crime Division (CPS POCD).

Proceeds of crime is the term given to money or assets gained by criminals during the course of their criminal activity. The authorities, including the CPS, have powers to seek to confiscate these assets so that crime doesn’t pay.

By taking out the profits that fund crime, we can help disrupt the cycle and prevent further offences. CPS POCD is a national service dedicated to asset recovery work.

CPS POCD works with law enforcement agencies including the police, the National Crime Agency (NCA), His Majesty’s Revenue & Customs and the Department for Work & Pensions (DWP), as well as Regional Asset Recovery Teams (multi-agency), Asset Confiscation Enforcement teams (police, DWP & NCA), HM Courts & Tribunal Service and the Home Office. This replacement Framework Agreement can be used by: an enforcement authority (as defined in section 316 (1) of the Proceeds of Crime Act 2002) or a prosecuting authority in England, Wales or Northern Ireland, or any government department, executive agency of a government department, Non-departmental Public Body, local authority or NHS Body.

The following types of Receiver/Trustee were in scope: Criminal: i. Management Receivers ii.

Enforcement Receivers iii. NCA Receivers Civil: i.

Interim Receivers ii. Receiver in Connection with an Interim Freezing Order iii.

Receivers in Connection with Property Freezing Orders iv. Receivers in Connection with Prohibition Orders v.

Trustees for Civil Recovery The scope of work includes both domestic and incoming international asset recovery cases. Receivers and Trustees will be remunerated from the sums that they realise from the sale of the assets over which they are appointed.

The CPS (and other bodies) do not offer indemnities and therefore if no assets are realised there is no scope for remuneration. Additional information: This replacement Framework Agreement can be used by: an enforcement authority (as defined in section 316 (1) of the Proceeds of Crime Act 2002) or a prosecuting authority in England, Wales or Northern Ireland, or any government department, executive agency of a government department, Non-departmental Public Body, local authority or NHS Body.