Other provisions in Part 1 Granting Civil Recovery powers to the Financial Conduct Authority and HMRC
POCA contains a set of provisions for the recovery of property in cases where there has not been a conviction, but where it can be shown on the balance of probabilities that that property has been obtained through unlawful conduct. These powers are known as "civil recovery". The Act extends powers to the Financial Conduct Authority (FCA) and HMRC to allow proceedings to be taken in the High Court to recover criminal property (with the aid of the supporting investigation powers), without the need for the owner of the property to be convicted of a criminal offence. At present, the NCA, SFO and Crown Prosecution Service (CPS) (or Public Prosecution Service of Northern Ireland) have access to these powers. Only Scottish Ministers can pursue civil recovery in the Scottish courts and the amendments to POCA will not alter that position.