3. Civil Recovery proceedings under Part 5 of POCA provide for the recovery of property which has been acquired through unlawful conduct and therefore is, or represents the proceeds of crime. Unlike criminal confiscation, civil recovery is not dependent on there having been a criminal conviction and the proceedings are brought in the High Court in the form of a civil action. The civil recovery claim focuses on the property as opposed to the person and whether property is recoverable or not is determined by the High Court on the civil standard of proof namely, the balance of probabilities.