The information here is provided to assist those against whom SOCA has commenced either civil recovery or tax proceedings under the Proceeds of Crime Act 2002 (POCA). This includes actions begun by the Assets Recovery Agency prior to the 1st April.
Community Legal Service Funding
Below is Legal Services Commission guidance for those applying for legal aid in civil recovery proceedings brought under Part 5 of POCA or civil recovery investigations brought under Part 8 POCA, involving the Assets Recovery Agency. SOCA has not, as yet, endorsed this guidance and respondents should consider this if seeking to rely on it.
Legal Services Commission Website
Proceeds of Crime Act 2002 Code of Practice
The Code of Practice provides guidance as to how such powers in respect of confiscation, civil recovery and money laundering investigations are to be used in England, Wales and Northern Ireland. Section 377 of POCA obliges the Home Secretary to issue a code of practice as to the exercise of the investigatory powers in Part 8 of the Act.
Proceeds of Crime Act Code of Practice [.pdf, 64kb]
Judgements
These are some of the note-worthy judgements in cases involving the Assets Recovery Agency:
- ARA v Walsh (April 2004) [.pdf, 200kb]
- ARA v Walsh (January 2005) [.pdf, 248kb]
- ARA v Warnock (March 2005) [.pdf, 156kb]
- Keenan v ARA (August 2005) [.pdf, 164kb]
- ARA v Belton (January 2006) [.pdf, 228kb]