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Serious Crime Bill (HC Bill 116)

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EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Home Office, are published separately
as Bill 116—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Secretary Theresa May has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:

In my view the provisions of the Serious Crime Bill [HL] are compatible with the
Convention rights.

Contents

  1. Part 1

    Proceeds of crime

    1. Chapter 1

      England and Wales

      1. Confiscation: assets held by defendant and other

        1. 1. Determination of extent of defendant’s interest in property

        2. 2. Provision of information

        3. 3. Appeals

        4. 4. Enforcement receivers

      2. Confiscation: other amendments

        1. 5. Time for payment

        2. 6. Confiscation and victim surcharge orders

        3. 7. Orders for securing compliance with confiscation order

        4. 8. Variation or discharge

        5. 9. Absconding defendants

        6. 10. Default sentences

        7. 11. Conditions for exercise of restraint order powers

        8. 12. Continuation of restraint order after quashed conviction

        9. 13. Conditions for exercise of search and seizure powers

        10. 14. Seized money etc

    2. Chapter 2

      Scotland

      1. Confiscation

        1. 15. Restitution order and victim surcharge

        2. 16. Orders for securing compliance with confiscation order

        3. 17. Compliance orders: appeals by prosecutor

        4. 18. Accused persons unlawfully at large

        5. 19. Enforcement of confiscation orders

        6. 20. Conditions for exercise of restraint order powers

        7. 21. Continuation of restraint order after conviction quashed or verdict set aside

        8. 22. Conditions for exercise of search and seizure powers

      2. Civil recovery

        1. 23. Prohibitory property orders: PPO receivers

    3. Chapter 3

      Northern Ireland

      1. Confiscation: assets held by defendant and other

        1. 24. Determination of extent of defendant’s interest in property

        2. 25. Provision of information

        3. 26. Appeals

        4. 27. Enforcement receivers

      2. Confiscation: other amendments

        1. 28. Time for payment

        2. 29. Orders for securing compliance with confiscation order

        3. 30. Variation or discharge

        4. 31. Absconding defendants

        5. 32. Default sentences

        6. 33. Conditions for exercise of restraint order powers

        7. 34. Continuation of restraint order after quashed conviction

        8. 35. Conditions for exercise of search and seizure powers

        9. 36. Seized money etc

    4. Chapter 4

      Investigations and co-operation etc

      1. 37. Confiscation investigations

      2. 38. External orders and investigations: meaning of “obtaining property”

      3. 39. Confiscation orders by magistrates’ courts

  2. Part 2

    Computer misuse

    1. 40. Unauthorised acts causing, or creating risk of, serious damage

    2. 41. Obtaining articles for purposes relating to computer misuse

    3. 42. Territorial scope of computer misuse offence

    4. 43. Savings

  3. Part 3

    Organised, serious and gang-related crime

    1. Organised crime groups

      1. 44. Offence of participating in activities of organised crime group

    2. Serious crime prevention orders

      1. 45. Extension of Part 1 of Serious Crime Act 2007 to Scotland

      2. 46. Serious crime prevention orders: meaning of “serious offence”

      3. 47. Powers of Crown Court to replace orders on breach

      4. 48. Extension of order where person charged

      5. 49. Serious crime prevention orders and financial reporting etc

    3. Gang injunctions

      1. 50. Injunctions to prevent gang-related violence and drug-dealing activity

  4. Part 4

    Seizure and forfeiture of drug-cutting agents

    1. Warrants

      1. 51. Applications for search and seizure warrants

      2. 52. Further provisions about search and seizure warrants

      3. 53. Execution of search and seizure warrants

    2. Seizure

      1. 54. Seizure of substances under search and seizure warrant

      2. 55. Seizure of substances without search and seizure warrant

      3. 56. Notice to be given where substances seized

      4. 57. Containers

    3. Retention of seized substances

      1. 58. Initial retention of seized substances

      2. 59. Continued retention or return of seized substances

    4. Forfeiture etc or return of seized substances

      1. 60. Forfeiture and disposal, or return, of seized substances

      2. 61. Appeal against decision under section 60

      3. 62. Return of substance to person entitled to it, or disposal if return impracticable

    5. Supplementary

      1. 63. Compensation

      2. 64. Interpretation etc

  5. Part 5

    Protection of children etc

    1. 65. Child cruelty offence

    2. 66. Possession of paedophile manual

    3. 67. Offence of female genital mutilation: extra-territorial acts

    4. 68. Anonymity for victims of female genital mutilation

    5. 69. Offence of failing to protect girl from risk of genital mutilation

    6. 70. Female genital mutilation protection orders

  6. Part 6

    Miscellaneous and general

    1. Miscellaneous

      1. 71. Knives and offensive weapons in prisons

      2. 72. Preparation or training abroad for terrorism

      3. 73. Approval of draft decisions under Article 352 of TFEU relating to serious
        crime

    2. General

      1. 74. Minor and consequential amendments

      2. 75. Transitional and saving provisions

      3. 76. Extent

      4. 77. Commencement

      5. 78. Short title

    1. Schedule 1

      Amendments of Serious Crime Act 2007: Scotland

    2. Schedule 2

      Execution of search and seizure warrants

    3. Schedule 3

      Paedophile manuals: providers of information society services

    4. Schedule 4

      Minor and consequential amendments

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Contents page 1-9 10-19 20-29 30-39 40-49 50-67 68-69 70-79 80-89 90-99 Last page