Jurisdiction(s):
United Kingdom

Scottish sheriff court civil recovery: detention and forfeiture of cash, listed assets, account freezing orders, cryptoassets, and investigatory powers under POCA 2002

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Practice notes

This Practice Note sets out the Scottish process for civil recovery before the Sheriff Court, covering cash, listed assets and accounts. It further explains the investigatory powers available within the civil recovery process. It does not address seeking a civil recovery order in the Court of Session under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 (POCA 2002). For guidance, see Practice Note: Scottish civil recovery—process and procedure in the Court of Session. For the equivalent position in England and Wales, see Practice Notes: Civil recovery orders under the Proceeds of Crime Act 2002 and Civil recovery under POCA 2002—procedure.

Statutory framework for civil recovery in Scotland

POCA 2002, Pt 5 empowers enforcement authorities to bring civil proceedings to recover property, cash, or—by virtue of provisions introduced by the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023)—a cryptoasset that has been obtained through, or is intended to be used in, unlawful conduct. See our E&W Practice Note: Civil recovery orders under the Proceeds of Crime Act 2002. This Practice Note addresses POCA 2002, Chs 3, 3A–3F, the Scotland-specific aspects of which are dealt with in the sheriff...

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Web page updated on 21/05/2026

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