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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
Appendix 1 – Structures of Crown Office and Procurator Fiscal Service for POCA
Figure 1. National Casework Division - Criminal Process
Figure 2. Civil Recovery Unit - Civil Process
The Civil Recovery Unit, although nominally a department of COPFS, carries out the functions of Scottish Ministers in relation to Part 5 of POCA dealing with the civil recovery of unlawful assets. The Lord Advocate, as a Scottish Minister rather than as head of COPFS, has assumed responsibility for these functions. Thus the Lord Advocate, in two very separate constitutional roles, takes the lead in both criminal confiscation and civil recovery in Scotland.