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  2. Publications
  3. Joint thematic report on the Proceeds of Crime Act 2002
  4. Appendix 2 – Sewell Debate

Joint thematic report on the Proceeds of Crime Act 2002

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  • Joint thematic report on the Proceeds of Crime Act 2002
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Inspection reports

28th October 2009

The aim of this joint inspection with HM Inspectorate of Constabulary in Scotland is to inspect the arrangements in police forces and the Crown Office and Procurator Fiscal Service (COPFS) for implementing the Proceeds of Crime Act 2002 in Scotland. The Lord Advocate has consented to this inspection including the review of the Civil Recovery Unit for which she has been delegated responsibility as a Scottish Minister as opposed to her independent role as head of the prosecution service.

Additional

  • Introduction
  • Executive Summary
  • Chapter 1 – Leadership
  • Chapter 2 – Strategy
  • Chapter 3 – Processes
  • Chapter 4 – Partnerships
  • Chapter 5 – People
  • Chapter 6 – Resources
  • Chapter 7 – Results
  • Appendix 1 – Structures of Crown Office and Procurator Fiscal Service for POCA
  • Appendix 2 – Sewell Debate
  • Appendix 3 – History of the Legislation
  • Appendix 4 – The Main Provisions of the Proceeds of Crime Act 2002
  • Appendix 5 – Schedule 4
  • Appendix 6 – Section 142
  • Appendix 7 – Section 327, 328 and 329
  • Acknowledgements
  • Glossary
  • Footnotes

  • Introduction
  • Executive Summary
  • Chapter 1 – Leadership
  • Chapter 2 – Strategy
  • Chapter 3 – Processes
  • Chapter 4 – Partnerships
  • Chapter 5 – People
  • Chapter 6 – Resources
  • Chapter 7 – Results
  • Appendix 1 – Structures of Crown Office and Procurator Fiscal Service for POCA
  • Appendix 2 – Sewell Debate
  • Appendix 3 – History of the Legislation
  • Appendix 4 – The Main Provisions of the Proceeds of Crime Act 2002
  • Appendix 5 – Schedule 4
  • Appendix 6 – Section 142
  • Appendix 7 – Section 327, 328 and 329
  • Acknowledgements
  • Glossary
  • Footnotes

Appendix 2 – Sewell Debate

24 OCTOBER 2001

The Sewell Convention requires that where the UK Parliament wishes to legislate on a matter devolved to the Scottish Parliament the consent of the Scottish Parliament is necessary.

Such a debate took place in the Scottish Parliament on 24 October 2001 to allow the UK Parliament to pass the Proceeds of Crime Act 2002.

The then Justice Minister outlined the proposed provisions of the UK Bill including new powers of investigation and enforcement, facilitation of criminal confiscation by putting drug trafficking and other crimes on a new all crimes basis, introduction of a new civil recovery scheme and taxation arrangements and strengthening of money laundering provisions.

Priority was to be given to criminal investigations and the Crown would apply its normal evidential and public interest tests without regard to whether civil recovery or taxation proceedings might be available under the Act.

To see the full text of the debate go to:-

www.scottish.parliament.uk/business/officialReports/meetingsParliament/or-01/sor1024-01.htm

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Appendix 1 – Structures of Crown Office and Procurator Fiscal Service for POCA
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Appendix 3 – History of the Legislation
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