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.

Appendix 6 – Section 142

142 Criminal lifestyle

(1) An accused has a criminal lifestyle if (and only if) the offence (or any of the offences) concerned satisfies any of these tests-

(a) it is specified in Schedule 4;

(b) it constitutes conduct forming part of a course of criminal activity;

(c) it is an offence committed over a period of at least six months and the accused has benefited from the conduct which constitutes the offence.

(2) Conduct forms part of a course of criminal activity if the accused has benefited from the conduct and -

(a) in the proceedings in which he was convicted he was convicted of three or more other offences, each of three or more of them constituting conduct from which he has benefited, or

(b) in the period of six years ending with the day when those proceedings were instituted (or, if there is more than one such day, the earliest day) he was convicted on at least two separate occasions of an offence constituting conduct from which he has benefited.

(3) But an offence does not satisfy the test in subsection (1)(b) or (c) unless the accused obtains relevant benefit of not less than £5,000.

(4) Relevant benefit for the purposes of subsection (1)(b) is -

(a) benefit from conduct which constitutes the offence;

(b) benefit from any other conduct which forms part of the course of criminal activity and which constitutes an offence of which the accused has been convicted.

(5) Relevant benefit for the purposes of subsection (1)(c) is benefit from conduct which constitutes the offence.

(6) The Scottish Ministers may by order amend Schedule 4.

(7) The Scottish Ministers may by order vary the amount for the time being specified in subsection (3).