The Government has amended the Proceeds of Crime Act 2002 (POCA) changing powers available to regulatory bodies, including the Security Industry Authority (SIA). A consultation was featured in the September 2015 print issue of Professional Security
Effective from December 2015, the SIA now has wider powers to financially investigate companies and people who are gaining from crime. The aim; to remove assets from offenders.
The SIA reports that it has been working with partners on POCA enquiries for some years, and has seen successes in confiscating assets. After convictions for the supply of unlicensed security operatives and falsely claiming SIA Approved Contractor status, confiscation orders have removed assets. According to the sector regulator, such orders benefit the wider private security industry as those gains cannot then be used to fund business in the industry.
SIA Director of Partnerships and Interventions, Dave Humphries, pictured, said: “Historically, we have been able to engage partners on a small number of our investigations. However with these changes to POCA, the SIA will independently be able to consider the potential for restraint and confiscation on a wider number of investigations. We are recruiting new specialist financial investigators that will strengthen our ability to investigate any criminal activity which could impact on the regulatory effectiveness of the private security industry. The risks associated with breaching private security regulation are now more severe. Alongside potential convictions and licence removals, the likelihood of losing property as a result of offending is greater.”
Funds recovered under POCA are returned to the public purse, with a percentage returned to investigating bodies to fund further investigations.
Example
In September 2015, two security company directors appeared before the Central Criminal Court, Old Bailey, London. John Anah and Tony O’Gonna, co-directors of ANCO UK Ltd, AA Guarding Ltd and Metro Guards, UK Ltd were ordered to pay a confiscation totalling £666,697 under the Proceeds of Crime Act 2002 (Anah was ordered to pay £175,000 and O’Gonna was ordered to pay £491,697).
