Framework Agreement for the Appointment of an Office Holder in Criminal Confiscation and Civil Recovery Cases

Framework Agreement for the Appointment of an Office Holder in Criminal Confiscation and Civil Recovery Cases

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The Crown Prosecution Service (CPS) sought to procure a service for the appointment of an Office Holder in Criminal Confiscation and Civil Recovery Cases. The CPS (or other body as applicable) will apply to the court for the appointment of Receivers and Trustees under the Proceeds of Crime Act 2002 (for criminal confiscation and civil recovery casework) and the legislation that preceded the Proceeds of Crime Act 2002 (for criminal confiscation casework). The requirement was for a Framework Agreement to be put in place as the mechanism by which the CPS and other bodies will select an Office Holder to be put forward to the court for appointment.

The Office Holder will be appointed as a Receiver or Trustee either to manage assets or to take possession of and realise assets to pay a Confiscation Order in Criminal Confiscation Cases and to investigate the origins of assets, manage assets or to take possession of and realise assets subject to Civil Recovery Orders in Civil Recovery Cases.

The CPS has a specialist division dedicated to asset recovery – CPS Proceeds of Crime Division (CPS POCD). Proceeds of crime is the term given to money or assets gained by criminals during the course of their criminal activity. The authorities, including the CPS, have powers to seek to confiscate these assets so that crime doesn’t pay. By taking out the profits that fund crime, we can help disrupt the cycle and prevent further offences. CPS POCD is a national service dedicated to asset recovery work. CPS POCD works with law enforcement agencies including the police, the National Crime Agency (NCA), His Majesty’s Revenue & Customs and the Department for Work & Pensions (DWP), as well as Regional Asset Recovery Teams (multi-agency), Asset Confiscation Enforcement teams (police, DWP & NCA), HM Courts & Tribunal Service and the Home Office.

This replacement Framework Agreement can be used by: an enforcement authority (as defined in section 316 (1) of the Proceeds of Crime Act 2002) or a prosecuting authority in England, Wales or Northern Ireland, or any government department, executive agency of a government department, Non-departmental Public Body, local authority or NHS Body.

The following types of Receiver/Trustee were in scope:

Criminal:

i. Management Receivers

ii. Enforcement Receivers

iii. NCA Receivers

Civil:

i. Interim Receivers

ii. Receiver in Connection with an Interim Freezing Order

iii. Receivers in Connection with Property Freezing Orders

iv. Receivers in Connection with Prohibition Orders

v. Trustees for Civil Recovery

The scope of work includes both domestic and incoming international asset recovery cases.

Receivers and Trustees will be remunerated from the sums that they realise from the sale of the assets over which they are appointed. The CPS (and other bodies) do not offer indemnities and therefore if no assets are realised there is no scope for remuneration. Additional information: This replacement Framework Agreement can be used by: an enforcement authority (as defined in section 316 (1) of the Proceeds of Crime Act 2002) or a prosecuting authority in England, Wales or Northern Ireland, or any government department, executive agency of a government department, Non-departmental Public Body, local authority or NHS Body.

Prior Information Notice - Provision for the Appointment of an Office Holder in Criminal Confiscation and Civil Recovery Cases.

The Crown Prosecution Service (CPS) is seeking to procure a service for the appointment of an Office Holder in Criminal Confiscation and Civil Recovery Cases. The CPS (or other body as applicable) would apply to the court for the appointment of Receivers and Trustees under the Proceeds of Crime Act 2002 (for criminal confiscation and civil recovery casework) and the legislation that preceded the Proceeds of Crime Act 2002 (for criminal confiscation casework). The requirement is for a contract to be put in place as the mechanism by which the CPS and other bodies will select an Office Holder to be put forward to the court for appointment.

The Office Holder will be appointed as a Receiver or Trustee either to manage assets or to take possession of and realise assets to pay a Confiscation Order in Criminal Confiscation Cases and to investigate the origins of assets, manage assets or to take possession of and realise assets subject to Civil Recovery Orders in Civil Recovery Cases.

The CPS has a specialist division dedicated to asset recovery – CPS Proceeds of Crime Division (CPS POCD). Proceeds of crime is the term given to money or assets gained by criminals during the course of their criminal activity. The authorities, including the CPS, have powers to seek to confiscate these assets so that crime doesn’t pay. By taking out the profits that fund crime, we can help disrupt the cycle and prevent further offences. CPS POCD is a national service dedicated to asset recovery work. CPS POCD works with law enforcement agencies including the police, the National Crime Agency, His Majesty’s Revenue & Customs and the Department for Work & Pensions, as well as Regional Asset Recovery Teams (multi-agency), Asset Confiscation Enforcement teams (police & NCA), HM Courts & Tribunal Service and the Home Office.

An existing Framework Agreement is in place for the current provision of this service, which is used by CPS, the National Crime Agency (NCA), the Public Prosecution Service Northern Ireland (PPSNI) and the Serious Fraud Office (SFO). The current Framework Agreement is set to expire in June 2024 and CPS are looking to replace it. It is envisaged that the replacement will be in the form of a Framework Agreement with CPS, NCA, PPSNI, SFO and potentially others being able to place Call-Offs under the Framework Agreement.

The following types of Receiver/Trustee are in scope:

Criminal

i. Management Receivers

ii. Enforcement Receivers

iii. NCA Receivers

Civil

i. Interim Receivers

ii. Receivers in Connection with Property Freezing Orders

iii. Receivers in Connection with Prohibition Orders

iv. Trustees for Civil Recovery

The scope of work will include both domestic and incoming international asset recovery cases. Expertise in digital assets (including, but not limited to, Cryptocurrency) is also likely to form part of the scope due to the increase in cybercrime.

Receivers and Trustees are remunerated from the sums that they realise from the sale of the assets over which they are appointed. The CPS (and other bodies) do not offer indemnities and therefore if no assets are realised there is no scope for remuneration.

The CPS is seeking to engage with the supply market as part of an information-gathering exercise. Suppliers who wish to participate in this early market engagement exercise should do so via the E-mail address contained in Section 1 of this notice. Additional information: We are currently considering whether the requirement will be awarded in lots or not