Civil Recovery

The Agency works to recover assets which are, or represent, property obtained through unlawful conduct in England, Wales and Northern Ireland. This is done through the High Court. In Scotland, this power is exercised by the Civil Recovery Unit of the Crown Office.

If a case is to be considered for adoption for civil recovery, it must meet the following criteria:

• The case must normally be referred by a law enforcement agency or prosecution authority.
• Criminal prosecution must have been considered and either failed or proved impossible to complete.
• Recoverable property must have been identified and have an estimated valued of at least £10,000.
• Recoverable property must include property other than cash or negotiable instruments (although cash is recoverable if it is in addition to other property).
• There must be evidence of criminal conduct that is supported to the civil standard of proof, i.e. on the balance of probabilities.

In addition, the potential impact of successful civil recovery action in terms of crime reduction must be considered.