Assets Recovery Agency
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The Assets Recovery Agency (ARA) was established in the United Kingdom under the Proceeds of Crime Act 2002 to reduce crime by confiscating the proceeds of crime, including a new power of civil recovery through the High Court. Previously, only profits from certain crimes, such as drug trafficking, were liable to confiscation. The ARA can also take over the powers of the HM Revenue and Customs to levy tax without identifying a source for taxed income.
The powers of the ARA are mostly limited to England and Wales and Northern Ireland, although its taxation powers extend to Scotland. In Scotland civil recovery is achieved through the Civil Recovery Unit of the Crown Office. It is a non-Ministerial Department (meaning it answers to Parliament directly rather than to a Minister) and became operational in February 2003. It has offices in London and Belfast; its first Director is Jane Earl.
The Director reports to the Home Secretary but is operationally independent. The Agency has had access to the unique powers in the Proceeds of Crime Act 2002 since 24th February 2003.
The Agency’s main offices are in London; it also has an office in Northern Ireland and the Director consults with the Secretary of State for Northern Ireland on aspects of ARA’s annual plan concerning Northern Ireland.
However, as an independent government department, the Agency acts completely separately from the political arena and from political interference, and adopts cases on the likelihood of a successful outcome, rather than for any political or other reasons. To this end, Agency operations are carried out when the juncture is right logistically and operationally.
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[edit] Background
The setting up of the Assets Recovery Agency was a key aspect of the Proceeds of Crime Act 2002 (POCA), which was the result of the Government’s aim to take the profit out of crime and dismantle and disrupt the organised crime empires by removing the money that is their motivation and their major source of income. It brings together previous legislation, such as the Drug Trafficking Act 1994 and Part VI of the Criminal Justice Act 1988, with the changes recommended in a comprehensive report of a study conducted by the Performance and Innovation Unit of the Cabinet Office in 2000.
POCA strengthened the legislation around cash seizures, money laundering, investigation powers and restraint and confiscation procedures.
[edit] The Agency’s remit and aims
The Agency has 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.
