PR 2022 112 - Framework Agreement for the Appointment of an Office Holder in Criminal Confiscation and Civil Recovery Cases

This notice is published for transparency purposes. Please refer to the FTS notice for additional information.

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 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.

The following types of Receiver/Trustee are 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 will include both domestic and incoming international asset recovery cases. It is desirable that Office Holders demonstrate digital capability, including the ability to manage and store digital assets, such as cryptocurrency, either in-house or via access to externally instructed capability 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.

Please see the detailed specification in procurement documents.

Additional information: To participate in this procurement please visit the CPS e-sourcing portal. Tenders will only be accepted through the portal.