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Assets Recovery Agency
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{{Short description|Former non-ministerial government department in the United Kingdom}} {{Infobox government agency | agency_name = Assets Recovery Agency | logo = Assets Recovery Agency logo.jpg | logo_width = | logo_caption = | formed = {{Start date|2003|02|df=y}} | dissolved = {{end date|2008|04|01|df=y}} | headquarters = | motto = | employees = | budget = | chief1_name = | chief1_position = | chief2_name = | chief2_position = <!-- (etc.) --> | director_general = | agency_type = [[The Crown|Crown status]] [[non-ministerial government department]] | parent_department = [[Home Office]] | keydocument1 = [[Proceeds of Crime Act 2002]] }} The '''Assets Recovery Agency''' ('''ARA''') was a [[non-ministerial government department]] in the [[United Kingdom]]. It was established under the [[Proceeds of Crime Act 2002]] (POCA) to reduce [[crime]] by confiscating the proceeds of any crime. It was granted a new power of [[civil recovery]] through the [[High Court of Justice|High Court]], and could also take over the powers of the [[HM Revenue and Customs]] (HMRC) to levy [[tax]] 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.<ref>{{ 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 }}</ref> It was announced in January 2007 that it would be merged with the [[Serious Organised Crime Agency]] (SOCA), which was established in 2006. Provisions to achieve this were contained in the [[Serious 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.<ref>{{ 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 }}</ref> On 1 March 2008, the transfer of the Director and staff of the Assets Recovery Agency, its property, rights and liabilities to SOCA and the [[National Policing Improvement Agency]] started in anticipation of the Agency's abolition.<ref>[[Serious Crime Act 2007]], s.74/ Schs.8-9</ref><ref name="comm">Serious Crime Act 2007 (Commencement No.1) Order 2008, [http://www.opsi.gov.uk/si/si2008/uksi_20080219_en_1 SI 2008/219] {{webarchive |url=https://web.archive.org/web/20080413141141/http://www.opsi.gov.uk/si/si2008/uksi_20080219_en_1 |date=April 13, 2008 }}</ref><ref name="comm2">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] {{webarchive |url=https://web.archive.org/web/20080415152215/http://www.opsi.gov.uk/si/si2008/uksi_20080755_en_1 |date=April 15, 2008 }}</ref> The agency ceased to exist on 1 April 2008.<ref>Assets Recovery Agency (Abolition) Order 2008, [http://www.opsi.gov.uk/si/si2008/uksi_20080575_en_1 SI 2008/575] {{webarchive |url=https://web.archive.org/web/20080311172558/http://www.opsi.gov.uk/si/si2008/uksi_20080575_en_1 |date=March 11, 2008 }}</ref> ==Background== The setting up of the ARA was a key aspect of the POCA, which the Government 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 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 relating to seizures of cash, [[money laundering]], investigatory powers, and restraint and confiscation procedures. Previously, only profits from certain crimes, such as [[drug 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]] and [[Northern Ireland]], although its taxation powers extended to [[Scotland]]. Its main offices were in [[London]], with a second office [[Belfast]]. In Northern Ireland, the Director consulted with the [[Secretary of State for Northern Ireland]]. In [[Scotland]], civil recovery was achieved through the Civil Recovery Unit of the [[Scottish 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, a former Assistant Chief Constable in the [[Royal Ulster Constabulary|R.U.C.]], 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 the [[Home Secretary]], but was operationally independent. By 2005, it had 180 staff, and an annual budget of Β£15.5m, but it recovered only Β£4.6m. It had more success in freezing criminal's assets, with Β£68.45m frozen in June 2006, but found its actions were frustrated by lengthy and expensive court cases. ==See also== *[[Departments of the United Kingdom Government]] *[[Asset forfeiture]] *[[Criminal Assets Bureau]] *[[British Police]] ==References== {{Reflist}} ==External links== *{{ cite web | url=http://www.assetsrecovery.gov.uk/ | title=Assets Recovery Agency | year=2005 | accessdate=2008-03-23 | archiveurl= https://web.archive.org/web/20080317113545/http://www.assetsrecovery.gov.uk/| archivedate= 17 March 2008 | url-status= live}} {{Authority control}} [[Category:Defunct law enforcement agencies of the United Kingdom]] [[Category:Government agencies established in 2003]] [[Category:Government agencies disestablished in 2008]] [[Category:Asset forfeiture]] [[Category:2003 establishments in the United Kingdom]] [[Category:2008 disestablishments in the United Kingdom]]
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