Case Studies

Should SIA have extra powers?

by Mark Rowe

Should the Security Industry Authority (SIA) be among bodies allowed the investigation powers under the Proceeds of Crime Act 2002 (POCA), the Government is asking in a consultation.

It’s not only police and Customs that have the power to do financial investigations; so can civilian Accredited Financial Investigators (AFIs), whether money laundering or with a view to confiscating criminal assets. They include the Post Office and Royal Mail; Transport for London; and NHS Protect, the security management and counter-fraud arm of the National Health Service.

Numerous others are looking for such powers: for example, the Environment Agency, against those profiting from ‘waste crime’ such as fly-tipping; and the Food Standards Agency, as given the horse meat scandal the FSA is setting up a ‘food crime unit’. That agency already is gathering intelligence but has had to rely on others to do its financial investigations – and in some cases, it says, food business operators have been convicted, and prohibited, but still trade.

As for the SIA, the consultation document says that despite being largely compliant with regulations, the private security sector ‘is susceptible to organised crime groups seeking to benefit through the illegal provision of security services, exploiting vulnerable workers in the process. The SIA have requested confiscation investigation, restraint, and search and seizure powers. The SIA is funded through licence application fees and approved contractor fees. Funds recovered under confiscation would be used to fund further AFIs, financial investigations, and to support new initiatives, for example ‘anti-violence’ and ‘women in security’ strategies [featured in the August 2015 print issue of Professional Security magazine].’

NHS Protect does have the power to do restraint, money laundering and confiscation investigations, but not to search premises. The Department of Health (DoH) has asked the same powers as NHS Protect, plus the powers to apply for search and seizure warrants and searches where a production order is not available; but the DoH says it doesn’t see itself doing searches and seizures without police help. The DoH set up an anti-fraud unit in November 2014; ‘to conduct investigations for departmental cases, arm’s length bodies and for national, large or complex cases that it is not realistic for NHS Protect to take on’.

The consultation runs until September 4. Visit – https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/444003/AFI_Consultation_Document_Final2.pdf.

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