- Assets Recovery Agency
Infobox UK public body
name=Assets Recovery Agency
logo=
type=NMD
crown_status=yes
legislation=Proceeds of Crime Act 2002
established=2003
disestablished=1 April 2008
sponsor=Home Office
head=—
|The Assets Recovery Agency (ARA) was a
non-ministerial government department in theUnited Kingdom . It was established under theProceeds of Crime Act 2002 (POCA) to reducecrime by confiscating theproceeds of any crime . It was granted a new power ofcivil recovery through the High Court, and could also take over the powers of theHM Revenue and Customs (HMRC) to levytax without identifying a source for taxed income.The ARA became operational in February 2003, but it failed to meet its targets for the confiscation of criminal funds. [ cite news | url=http://news.bbc.co.uk/1/hi/uk_politics/5077846.stm | title=Assets Recovery Agency 'failing' | work=
BBC News | date=14 June 2006 | accessdate=2008-03-23 ] It was announced in January 2007 that it would be merged with theSerious Organised Crime Agency (SOCA), which was established in 2006. Provisions to achieve this were contained in theSerious Crime Act 2007 . There were also proposals for other law enforcement agencies, such as HMRC, to be given similar powers of civil recovery at the same time. [ cite web | url=http://news.bbc.co.uk/1/hi/uk/6251339.stm | title=Assets Recovery Agency abolished | work=BBC News | date=11 January 2007 | accessdate=2008-03-23 ] On 1 March 2008, the transfer of the Director and staff of theAssets Recovery Agency , its property, rights and liabilities to SOCA and theNational Policing Improvement Agency started in anticipation of the Agency's abolition. [Serious Crime Act 2007 , s.74/ Schs.8-9] Serious Crime Act 2007 (Commencement No.1) Order 2008, [http://www.opsi.gov.uk/si/si2008/uksi_20080219_en_1 SI 2008/219] ] Crime Act 2007 (Commencement No.2 and Transitional and Transitory Provisions and Savings) Order 2008, [http://www.opsi.gov.uk/si/si2008/uksi_20080755_en_1 SI 2008/755] ] . The Agency ceased to exist on 1 April 2008. [Assets Recovery Agency (Abolition) Order 2008, [http://www.opsi.gov.uk/si/si2008/uksi_20080575_en_1 SI 2008/575] ]Background
The setting up of the ARA was a key aspect of the POCA, which the Government's intended to take the profit out of crime, aiming to dismantle and disrupt
organised crime gangs by confiscating the financial proceeds of criminal acts. It brings together previous legislation, such as theDrug Trafficking Act 1994 and Part VI of theCriminal Justice Act 1988 , with the changes recommended in a comprehensive report of a study conducted by thePerformance and Innovation Unit of theCabinet Office in2000 .POCA strengthened the legislation relating to seizures of cash,
money laundering , investigatory powers, and restraint and confiscation procedures. Previously, only profits from certain crimes, such asdrug trafficking , were liable to confiscation.The Agency had three strategic aims:
* To disrupt organised criminal enterprises through the recovery of criminal assets, thereby alleviating the effects of crime on communities.
* To promote the use of financial investigation as an integral part of criminal investigation, within and outside the Agency, domestically and internationally, through training and continuing professional development.
* To operate the Agency in accordance with its vision and values.Powers
The powers of the ARA were mostly limited to
England and Wales andNorthern Ireland , although its taxation powers extended toScotland . Its main offices were inLondon , with a second officeBelfast . In Northern Ireland, the Director consulted with theSecretary of State for Northern Ireland . InScotland , civil recovery was achieved through the Civil Recovery Unit of theScottish Government .The functions of the ARA were categorised into four types:
*Confiscation proceedings;
*Civil recovery proceedings;
*Taxation of income or gains which are suspected of being derived from criminal activities;
*Control and supervision of the training of financial investigators in the UK.Director
The ARA was headed by a Director, the first of whom was
Jane Earl . Alan McQuillan was appointed as the new director in 2007. The Director had to carry out his statutory functions with a view to the reduction of crime. The Director reported to theHome Secretary , but was operationally independent.By 2005, it had 180 staff, and an annual budget of £15.5m, but it recovered only £4.6m. It had more success in freezing criminal's assets, with £68.45m frozen in June 2006, but found its actions were frustrated by lengthy and expensive court cases.
Independence
The ARA was a non-Ministerial Department, meaning it answered to Parliament directly rather than to a Minister. As an independent government department, the Agency acted completely separately from the political arena and from political interference, and adopted cases on the likelihood of a successful outcome, rather than for any political or other reasons. To this end, Agency operations were carried out when the juncture was right logistically and operationally.
References
ee also
*
Departments of the United Kingdom Government
*Asset forfeiture
*Criminal Assets Bureau
*British Police External links
* cite web | url=http://www.assetsrecovery.gov.uk/ | title=Assets Recovery Agency | year=2005 | accessdate=2008-03-23
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