Corporate report

Data annex

Updated 21 September 2023

Applies to England and Wales

This report provides statistical information on the Unexplained Wealth Orders report including an overview of the legislative background, data collated, the methodology and processes that are used to produce the statistics published in the report.

1. Background

An Unexplained Wealth Order (UWO) is an investigative power that was introduced as part of the Criminal Finances Act 2017 amendments to Proceeds of Crime Act (POCA) powers. UWOs may be granted in respect of individuals or companies suspected of being involved in or having links with serious crime. The legislation provides that a UWO can only be made in respect of assets which have a value greater than £50,000 and requires an individual or company to provide an explanation on the origin of assets in cases where the value of these assets appear disproportionate to their known income.

If an individual or company subject to a UWO does not provide the information sought, without a reasonable excuse, then there is a statutory presumption that the property in question is recoverable property, and it could result in the applicant for the UWO proceedings obtaining a Civil Recovery Order if they make an application for that.

2. Data Coverage

Overview and Time Period

The report provides data on the value and volumes of UWOs obtained across the law enforcement agencies (LEAs) who have the relevant powers under the POCA 2002 legislation.

It provides data covering the period from 15 May 2022 to 14 May 2023, which is the 12 month period following the implementation of the Economic Crime and Corporate Transparency (ECCT) Bill. Data presented in this report covers England and Wales. This report does not cover Scotland.

Aggregated data is submitted by LEAs and therefore it is not possible to provide additional breakdowns by case, offence type or location of jurisdiction.

Data presented in this report is separate to the published statistics in the Annual Statistical bulletin for Asset Recovery. These statistics provide a snapshot of the value and volume of UWOs obtained since their introduction.

3. Data source and limitations

Data presented in this report has been requested from LEAs in a reporting exercise conducted by the Home Office. The reporting exercise queried agencies on the aggregated number of UWOs applied for and granted during the reporting period. For the reporting period July 2023 to September 2023, envisaged volumes were requested. Further information on instances where alternative asset recovery powers were used in favour of UWOs were also requested.

This exercise is run on an annual basis and involves all LEAs which have the power to obtain a UWO. The statistics presented will only represent those LEAs which have provided a return for this reporting exercise and not necessarily the entire group of LEAs with the relevant power.

It should be noted the accuracy of the statistics is dependent on the recording and management of information held by the respective agencies.

Data on UWOs obtained prior to the reporting period are not included in this report.

4. Methodology

Data extraction

The statistics presented in the report are based on a reporting exercise managed by the Home Office. It should be noted not all LEAs with the relevant power to obtain a UWO will have provided a response.

Data in the report has been collected from LEAs throughout July 2023 and is focused on the 12 months following the implementation of the ECCT Bill.

Value and Volume of Proceeds of Crime

Statistics presented on the value of proceeds of crime to be recovered from UWOs is based on the estimated order value. This represents the predicted amount of monies to be recovered from the defendant once a Civil Recovery Order is obtained. It is based on the amount of monies which the defendant is deemed to have gained from criminal activity.

The volume of UWOs is based on the number of Orders processed under this respective investigative power.