How Scotland can make so much more than £100m a year by seizing criminals' ill-gotten gains

My latest article, published in today's Scotsman (2 September 2025).

The Proceeds of Crime Act is a warning to serious criminals that punishment doesn't stop at prison.

There are very few virtuous circles in the world of criminal justice. It’s often hard to see the benefit of most of our interventions. Scotland locks up more people than just about anywhere else in the civilised world without, it seems, much benefit.

We know that short-term prison sentences don’t work yet we have singularly failed to develop workable alternatives. Although recorded crime has fallen, we know that too many of our young people are still drawn into criminal activities, particularly the drug trade. Our continuing and dreadful drug-death figures show just how deadly that vicious cycle is.

But, now and again, there is a glimpse of hope that something is working and that justice is being done. The seizure of criminal assets using the Proceeds of Crime Act 2002 is a good example. It’s a strong piece of legislation that gives powers to police and the Crown to seize the assets of criminals.

Of course, it’s not easy. Most petty criminals make very little from their lawless lives, but for the few that do, their ill-gotten gains are usually well concealed. No cash under the bed or a loose floorboard for them. Offshore accounts and shell companies, protected by a phalanx of dodgy accountants are more like it.

The recovery of these hidden assets is a highly specialised and expensive business. Forensic accountants and IT specialists do not come cheap. And even when assets are identified, proving they are the proceeds of crime is another challenge.

Dirty money is usually thoroughly washed and its origins opaque. It is far from certain that a court will decide on forfeiture. The truth is that most dirty money is not recovered but due to diligence and growing expertise a sizeable amount is. Last year, in excess of £100 million was recovered.

Now it would seem to make obvious sense for these assets to be routed straight back into the search for more, the majority of criminal assets that we know remain hidden. In England and Wales, this is the case. Recovered assets are directed straight back into improving technology and expertise so that more assets can be recovered.

It’s a truly virtuous circle and a horrible warning to serious criminals that punishment does not stop at prison. It seems blindingly obvious, but it doesn’t happen in Scotland. Instead seized assets are routed through a general ‘cash-back scheme’ to fund preventative programmes that should properly be financed from other sources.

It’s a serious lost opportunity that last week was highlighted by HM Chief Inspector of Constabulary Craig Naylor. He was right to sound the warning. If we want to improve our recovery of stolen assets, we must invest in it.

Speaking of numbers, I saw yet another report that branded Police Scotland as a misogynist organisation. I found this odd and a quick headcount revealed the facts.

Of the 13 most senior police officers in Scotland, more than half are women, including the Chief. The figures don’t lie. There will always be a few rogues, but generally there has never been a better time or better prospects for able women in the police service.