Civil Seizure, Detention, Freezing and Forfeiture in Criminal Proceedings

MONEYVAL has affirmed that Guernsey has a robust framework for civil forfeiture and connected powers, had not demonstrated that it was giving that framework full effect tackling crimes related to Guernsey’s financial industry. Guernsey has taken note and we now have a dedicated asset recovery team seeking to make full use of these powers.

What then are the powers available to Guernsey authorities in their asset recovery efforts and what should financial services businesses be alert to when subject to these powers? This Guide considers the police’s powers of civil seizure, detention, freezing and forfeiture in criminal proceedings, together with the connected orders and issues which may arise.