Commentary on Sections Schedule 1: Assets Recovery Agency Section 2: Director’s functions: general
16.Subsection (1) requires the Director to exercise his functions in the way he considers best calculated to contribute to the reduction of crime. In considering this matter, the Director must have regard to any guidance given to him by the Secretary of State (subsection (5)). The guidance must indicate that the reduction in crime is in general best secured by criminal investigations and prosecutions (subsection (6)). Subsection (2) requires him to exercise his functions efficiently and effectively. In doing so he must have regard to his current annual plan, which under Schedule 1 has to be approved by the Secretary of State.
17.Subsection (3) empowers the Director to carry out investigations, and take any other steps, which he considers appropriate for facilitating, or incidental or conducive to, the exercise of his functions, such as negotiating Memoranda of Understanding with other agencies or arranging publicity in the field of asset recovery. The Director’s functions are set out in other sections of the Act, the principal ones being the recovery of criminal assets through confiscation, civil recovery, the exercise of Revenue functions and the accreditation and training of financial investigators.