PCD 1338 MPS NCA Asset Sharing Agreement

PCD 1338 MPS NCA Asset Sharing Agreement

The National Crime Agency provides intelligence to the Metropolitan Police Service to tackle crime which can result in the recovery of assets. This paper seeks approval for an agreement between the NCA and MPS to share a some of the receipts the MPS generates to support the NCA intelligence sharing function. 

The Deputy Mayor for Policing and Crime is recommended to:   

1. Approve an agreement to share a proportion of receipts received through MPS Asset Recovery Incentivisation Scheme (ARIS) Cash Forfeitures with the NCA 

PART I - NON-CONFIDENTIAL FACTS AND ADVICE TO THE DMPC 

1. Introduction and background  

2. There is a on-going transfer of intelligence between the National Crime Agency (NCA) and Metropolitan Police Service (MPS) to support tackling crime. Proceedings can result in the confiscation of assets.  

3. Issues for consideration 

4. This paper seeks the approval of an agreement between the NCA and MPS to share a proportion of assets recovered in order to support the NCA intelligence gathering and sharing functions. Further detail is contained in the restricted section of this paper.  

5. The MPS report that taking the proceeds of crime away from criminals both reduces the incentive to commit crime, including violent crime motivated by money, and increases the confidence and trust of communities in the effectiveness of the policing response. It helps reduce the attractiveness of a criminal lifestyle and thus protects, particularly socially disadvantaged and vulnerable people from being drawn into crime. 

6. Financial Comments  

7. The estimated full year value of the sharing of receipts with NCA is set out in the restricted section of this paper.  The MPS assure that this can be funded from within the MPS existing resources. 

8. Further detail is contained in the restricted section of this paper.  

9. Legal Comments 

10. Schedule 4 of the Police Reform and Social Responsibility Act 2011 provides the Commissioner can enter into any agreement where it is calculated to facilitate or is incidental to his functions, but MOPAC must give consent. 

• 4(1) The Commissioner of Police of the Metropolis may do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the functions of the Commissioner. 

• (2) That includes— 

• entering into contracts and other agreements (whether legally binding or not), but only with the consent of the Mayor's Office for Policing and Crime; 

• (b) acquiring and disposing of property, apart from land, but only with the consent of the Mayor's Office for Policing and Crime 

2. Under paragraph 4.8 of the MOPAC Scheme of Consent and Delegation the DMPC has authority to approve  

• Business cases for revenue or capital expenditure of £500,000 and above. 

5. Commercial Issues

6. The proposed agreement is expected to be detailed and managed through a Memorandum of Understanding between MPS and NCA.  Further detail is contained in the restricted section of this paper.  

7. GDPR and Data Privacy  

8. MOPAC will adhere to the Data Protection Act (DPA) 2018 and ensure that any organisations who are commissioned to do work with or on behalf of MOPAC are fully compliant with the policy and understand their GDPR responsibilities.   

9. The MPS assure that the agreement does not use personally identifiable data of members of the public, so there are no GDPR issues to be considered. 

10. Equality Comments    

11. MOPAC is required to comply with the public sector equality duty set out in section 149(1) of the Equality Act 2010. This requires MOPAC to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations by reference to people with protected characteristics. The protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. 

12. As this paper relates only to an agreement to share cash forfeitures there are no equality or diversity implications. 

13. Background/supporting papers 

• Appendix 1 MPS Report - Proposal to enter into an agreement to share Asset Recovery Incentivisation receipts with the National Crime Agency