Serious Crime Bill (HC Bill 116)

Securing premises after entry

9 A police or customs officer who enters premises under a search and seizure
warrant must take reasonable steps to ensure that when the officer leaves the
premises they are as secure as they were before he or she entered.

5Endorsement of warrant

10 (1) A police or customs officer executing a search and seizure warrant must
make an endorsement on it—

(a) describing the substances, and any containers, that were seized, or

(b) stating that no substances were seized.

(2) 10Unless the warrant specifies one set of premises only, there must be a
separate endorsement under this paragraph identifying each set of premises
entered and searched.

Return and retention of warrant

11 (1) A search and seizure warrant must be returned to the appropriate person
15(see sub-paragraph (2))—

(a) when the warrant has been executed, or

(b) on or before the expiry of the period of 3 months from the date of its
issue, if the warrant is—

(i) a specific-premises warrant that has not been executed,

(ii) 20an all-premises warrant, or

(iii) a warrant authorising multiple entries.

(2) The appropriate person is—

(a) in the case of a warrant issued in England and Wales, the designated
officer for the local justice area in which the justice of the peace was
25acting when issuing the warrant;

(b) in the case of a warrant issued in Scotland, the sheriff clerk for the
sheriff court in which the sheriff was sitting when the sheriff issued
the warrant;

(c) in the case of a warrant issued in Northern Ireland, the clerk of petty
30sessions for the petty sessions district in which the lay magistrate
was acting when he or she issued the warrant.

(3) The appropriate person must retain a search and seizure warrant returned
under sub-paragraph (1) for 12 months from the date of its return.

(4) If during that period the occupier of premises to which the search and
35seizure warrant relates asks to inspect it, he or she must be allowed to do so.

Interpretation etc

12 (1) In this Schedule—

• “all-premises warrant” and “specific-premises warrant” have the
  meaning given in section 51(3);

• 40“senior officer” means—

  (a)

  a police officer of at least the rank of inspector;

  (b)

  a National Crime Agency officer of grade 3 or above.

(2) An authorisation under paragraph 3 or 4 must be in writing.

Section 66

SCHEDULE 3 Paedophile manuals: providers of information society services

Interpretation of this Schedule

1 (1) 5“Prohibited item” means an item within section 66(1).

(2) “Information society services”—

(a) has the meaning given in Article 2(a) of the E-Commerce Directive
(which refers to Article 1(2) of Directive 98/34/EC of the European
Parliament and of the Council of 22 June 1998 laying down a
10procedure for the provision of information in the field of technical
standards and regulations), and

(b) is summarised in recital 17 of the E-Commerce Directive as covering
“any service normally provided for remuneration, at a distance, by
means of electronic equipment for the processing (including digital
15compression) and storage of data, and at the individual request of a
recipient of a service”.

(3) “The E-Commerce Directive” means Directive 2000/31/EC of the European
Parliament and of the Council of 8 June 2000 on certain legal aspects of
information society services, in particular electronic commerce, in the
20Internal Market (Directive on electronic commerce).

(4) “Recipient”, in relation to a service, means a person who, for professional
ends or otherwise, uses an information society service, in particular for the
purposes of seeking information or making it accessible.

(5) “Service provider” means a person providing an information society service.

(6) 25“Domestic service provider” means a service provider established in
England and Wales or Northern Ireland.

(7) “Non-UK service provider” means a a service provider established in an
EEA state other than the United Kingdom.

(8) For the purposes of sub-paragraphs (6) and (7)—

(a) 30a service provider is established in a particular part of the United
Kingdom, or in a particular EEA state, if the service provider—

(i) effectively pursues an economic activity using a fixed
establishment in that part of the United Kingdom, or that
EEA state, for an indefinite period, and

(ii) 35is a national of an EEA state or a company or firm mentioned
in Article 54 of the Treaty on the Functioning of the European
Union;

(b) the presence or use in a particular place of equipment or other
technical means of providing an information society service does
40not, of itself, constitute the establishment of a service provider;

(c) where it cannot be determined from which of a number of
establishments a given information society service is provided, that

service is to be regarded as provided from the establishment at the
centre of the service provider’s activities relating to that service.

Domestic service providers: extension of liability

2 (1) Section 66(1) applies to a domestic service provider who, in the course of
5providing information society services, is in possession of a prohibited item
in an EEA state other than the United Kingdom (as well as to a person, of any
description, who is in possession of a prohibited item in England and Wales
or Northern Ireland).

(2) Proceedings for an offence under section 66(1), as it applies to a domestic
10service provider by virtue of sub-paragraph (1), may be taken at any place
in England and Wales or Northern Ireland.

(3) Nothing in this paragraph affects the operation of any of paragraphs 4 to 6.

Non-UK service providers: restriction on institution of proceedings

3 (1) Proceedings for an offence under section 66(1) may not be taken against a
15non-UK service provider in respect of anything done in the course of the
provision of information society services unless the derogation condition is
met.

(2) The derogation condition is that taking proceedings—

(a) is necessary for the purposes of the public interest objective,

(b) 20relates to an information society service that prejudices that objective
or presents a serious and grave risk of prejudice to that objective, and

(c) is proportionate to that objective.

(3) “The public interest objective” means the pursuit of public policy.

Exception for mere conduits

4 (1) 25A service provider does not commit an offence under section 66(1) by
providing access to a communication network or by transmitting, in a
communication network, information provided by a recipient of the service,
if the service provider does not—

(a) initiate the transmission,

(b) 30select the recipient of the transmission, or

(c) select or modify the information contained in the transmission.

(2) For the purposes of sub-paragraph (1)—

(a) providing access to a communication network, and

(b) transmitting information in a communication network,

35include the automatic, intermediate and transient storage of the information
transmitted so far as the storage is solely for the purpose of carrying out the
transmission in the network.

(3) Sub-paragraph (2) does not apply if the information is stored for longer than
is reasonably necessary for the transmission.

Exception for caching

5 (1) A service provider does not commit an offence under section 66(1) by storing
information provided by a recipient of the service for transmission in a
communication network if the first and second conditions are met.

(2) 5The first condition is that the storage of the information—

(a) is automatic, intermediate and temporary, and

(b) is solely for the purpose of making more efficient the onward
transmission of the information to other recipients of the service at
their request.

(3) 10The second condition is that the service provider—

(a) does not modify the information,

(b) complies with any conditions attached to having access to the
information, and

(c) if sub-paragraph (4) applies, promptly removes the information or
15disables access to it.

(4) This sub-paragraph applies if the service provider obtains actual knowledge
that—

(a) the information at the initial source of the transmission has been
removed from the network,

(b) 20access to it has been disabled, or

(c) a court or administrative authority has ordered the removal from the
network of, or the disablement of access to, the information.

Exception for hosting

6 (1) A service provider does not commit an offence under section 66(1) by storing
25information provided by a recipient of the service if—

(a) the service provider had no actual knowledge when the information
was provided that it was, or contained, a prohibited item, or

(b) on obtaining actual knowledge that the information was, or
contained, a prohibited item, the service provider promptly removed
30the information or disabled access to it.

(2) Sub-paragraph (1) does not apply if the recipient of the service is acting
under the authority or control of the service provider.

Section 74

SCHEDULE 4 Minor and consequential amendments

35Visiting Forces Act 1952 (c. 67)1952 (c. 67)

1 In the Schedule to the Visiting Forces Act 1952 (offences referred to in section
3), in paragraph 1(b)(xi), before “the Female Genital Mutilation Act 2003”
insert “sections 1 to 3 of”.

Criminal Appeal Act 1968 (c. 19)1968 (c. 19)

2 In section 50 of the Criminal Appeal Act 1968 (meaning of “sentence”), in
subsection (1), at the end of paragraph (ca) insert “(but not a determination
under section 10A of that Act)”.

5Criminal Appeal (Northern Ireland) Act 1980 (c. 47)1980 (c. 47)

3 In section 30(3) of the Criminal Appeal (Northern Ireland) Act 1980
(meaning of “sentence”), at the end of paragraph (d) insert “(but not a
determination under section 160A of that Act)”.

Senior Courts Act 1981 (c. 54)1981 (c. 54)

4 10In paragraph 3 of Schedule 1 to the Senior Courts Act 1981 (distribution of
business to the family division of the High Court), after paragraph (h)
insert—

“(ha) all proceedings under Part 1 of Schedule 2 to the Female
Genital Mutilation Act 2003;”.

15Civil Jurisdiction and Judgments Act 1982 (c. 27)1982 (c. 27)

5 (1) In section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement
of United Kingdom judgments in other parts of the United Kingdom), after
paragraph (c) of subsection (6A) insert—

“(d) an order under section 255G or 255H of that Act (order
20relating to PPO receivers in connection with prohibitory
property order).”

(2) The power conferred by section 52(2) of that Act (power to extend to
Channel Islands, Isle of Man and British overseas territories) is exercisable
in relation to the amendment of that Act made by sub-paragraph (1).

25Computer Misuse Act 1990 (c. 18)1990 (c. 18)

6 In each of the following provisions of the Computer Misuse Act 1990, for
“six” substitute “12”—

(a) section 1(3)(b);

(b) section 2(5)(b);

(c) 30section 3(6)(b);

(d) section 3A(5)(b).

7 In section 3A of that Act (making, supplying or obtaining articles for use in
an offence under section 1 or 3), in the heading, for “section 1 or 3” substitute
“section 1, 3 or 3ZA”.

8 35In section 4 of that Act (territorial scope of offences), in the heading, for
“sections 1 to 3” substitute “this Act”.

9 (1) Section 6 of that Act (territorial scope of inchoate offences) is amended as
follows.

(2) In the heading, for “sections 1 to 3” substitute “this Act”.

(3) 40In subsection (1), for “section 1, 2 or 3 above” substitute “this Act”.

(4) In subsection (2), for “section 3 above” substitute “this Act”.

10 (1) Section 9 of that Act (British citizenship immaterial) is amended as follows.

(2) In subsection (1), at the beginning insert “Except as provided by section
5(1A),”.

(3) 5In subsection (2)(a), for “section 1, 2 or 3 above” substitute “this Act”.

(4) In subsection (2)(c), for “section 3 above” substitute “this Act”.

11 In section 10 of that Act, for the heading substitute “Savings”.

Courts and Legal Services Act 1990 (c. 41)1990 (c. 41)

12 In section 58A of the Courts and Legal Services Act 1990 (conditional fee
10agreements: supplementary), in subsection (2), after paragraph (f) insert—

“(fza) Part 1 of Schedule 2 to the Female Genital Mutilation Act
2003;”.

Criminal Procedure (Scotland) Act 1995 (c. 46)1995 (c. 46)

13 In section 108 of the Criminal Procedure (Scotland) Act 1995 (Lord
15Advocate’s right of appeal against disposal), after paragraph (ca) of
subsection (1) insert—

“(cb) a decision under section 22A of the Serious Crime Act 2007
not to make a serious crime prevention order;”.

14 (1) Section 175 of that Act (right of appeal from summary proceedings) is
20amended as follows.

(2) In subsection (4), after paragraph (ca) insert—

“(cb) a decision under section 22A of the Serious Crime Act 2007
not to make a serious crime prevention order;”.

(3) In subsection (4A)(b)(ii), for “or (ca)” substitute “, (ca) or (cb)”.

15 25In section 222 of that Act (transfer of fine orders), in subsection (8), for
“section 31 of the Powers of Criminal Courts Act 1973” substitute “section
139 of the Powers of Criminal Courts (Sentencing) Act 2000”.

Family Law Act 1996 (c. 27)1996 (c. 27)

16 In section 63 of the Family Law Act 1996 (interpretation of Part 4), in
30subsection (2), after paragraph (i) insert—

“(ia) Part 1 of Schedule 2 to the Female Genital Mutilation Act
2003, other than paragraph 3 of that Schedule;”.

Proceeds of Crime Act 2002 (c. 29)2002 (c. 29)

17 In section 12 of the Proceeds of Crime Act 2002 (interest on unpaid sums), in
35subsection (1)—

(a) for “the amount required to be paid” substitute “any amount
required to be paid”;

(b) for “must pay interest on the amount” substitute “must pay interest
on that amount”.

18 In section 14 of that Act (postponement), after paragraph (c) of subsection
(12) insert—

“(ca) made an order under section 161A of the Criminal Justice Act
2003 (orders requiring payment of surcharge);”.

19 (1) 5Section 15 of that Act (effect of postponement) is amended as follows.

(2) In subsection (2)—

(a) at the end of paragraph (c) omit “or”;

(b) after that paragraph insert—

“(ca) make an order for the payment of a surcharge under
10section 161A of the Criminal Justice Act 2003, or”.

(3) In subsection (3)—

(a) at the end of paragraph (c) omit “or”;

(b) after that paragraph insert—

“(ca) making an order for the payment of a surcharge
15under section 161A of the Criminal Justice Act 2003,
or”.

20 (1) Section 19 of that Act (no order made: reconsideration of case) is amended
as follows.

(2) In subsection (7), after paragraph (d) insert—

“(da) 20any order which has been made against the defendant in
respect of the offence (or any of the offences) concerned
under section 161A of the Criminal Justice Act 2003 (orders
requiring payment of surcharge);”.

(3) In subsection (8), after “Sentencing Act” insert “, a surcharge under section
25161A of the Criminal Justice Act 2003”.

21 (1) Section 20 of that Act (no order made: reconsideration of benefit) is amended
as follows.

(2) In subsection (11), after paragraph (d) insert—

“(da) any order which has been made against the defendant in
30respect of the offence (or any of the offences) concerned
under section 161A of the Criminal Justice Act 2003 (orders
requiring payment of surcharge);”.

(3) In subsection (12), after “Sentencing Act” insert “, a surcharge under section
161A of the Criminal Justice Act 2003”.

22 (1) 35Section 21 of that Act (order made: reconsideration of benefit) is amended as
follows.

(2) In subsection (9), after paragraph (c) insert—

“(ca) any order which has been made against the defendant in
respect of the offence (or any of the offences) concerned
40under section 161A of the Criminal Justice Act 2003 (orders
requiring payment of surcharge);”.

(3) In subsection (10), after “(9)(c)” insert “, (ca)”.

23 (1) Section 22 of that Act (order made: reconsideration of available amount) is
amended as follows.

(2) In subsection (5), after paragraph (c) insert—

“(d) any order which has been made against the defendant in
respect of the offence (or any of the offences) concerned
under section 161A of the Criminal Justice Act 2003 (orders
5requiring payment of surcharge).”

(3) In subsection (6), after “(5)(c)” insert “or (d).”

24 (1) Section 31 of that Act (appeal to Court of Appeal) is amended as follows.

(2) In the heading, after “prosecutor” insert “etc”.

(3) In subsection (3), after “by virtue of section” insert “10A,”.

25 10In section 32 of that Act (Court of Appeal’s powers on appeal), in subsection
(7), after “(compensation orders)” insert “, section 161A of the Criminal
Justice Act 2003 (orders requiring payment of surcharge)”.

26 In section 33 of that Act (appeal to Supreme Court), in subsection (9), after
“(compensation orders)” insert “, section 161A of the Criminal Justice Act
152003 (orders requiring payment of surcharge)”.

27 In section 35 of that Act (enforcement as fines), in subsection (2), for “139(2)
to (4)” substitute “139(2), (3)”.

28 In section 41 of that Act (restraint orders), after subsection 7C (inserted by
section 11 above) insert—

“(7D) 20In considering whether to make an order under subsection (7), the
court must, in particular, consider whether any restriction or
prohibition on the defendant’s travel outside the United Kingdom
ought to be imposed for the purpose mentioned in that subsection.”

29 (1) Section 42 of that Act (application, discharge and variation of restraint
25orders) is amended as follows.

(2) In subsection (4), for “(7)” substitute “(8)”.

(3) For subsection (7) substitute—

“(7) If the condition in section 40 which was satisfied was that an
investigation was started—

(a) 30the court must discharge the order if within a reasonable time
proceedings for the offence are not started;

(b) otherwise, the court must discharge the order on the
conclusion of the proceedings.

(8) If the condition in section 40 which was satisfied was that an
35application was to be made—

(a) the court must discharge the order if within a reasonable time
the application is not made;

(b) otherwise, the court must discharge the order on the
conclusion of the application.”

30 40In section 55 of that Act (sums received by designated officer), in subsection
(5), for “an amount of compensation or all or part of an amount payable
under an unlawful profit order” substitute “an amount payable under a
priority order (or orders)”.

31 In section 89 of that Act (procedure on appeal to the Court of Appeal), in

subsection (4), before paragraph (a) insert—

“(za) section 31(4) (appeals against determinations under section
10A),”.

32 In section 99 of that Act (postponement), after paragraph (c) of subsection
5(11) insert—

“(d) made a restitution order;

(e) ordered the accused under section 253F(2) of the Procedure
Act to pay a victim surcharge.”

33 (1) Section 100 of that Act (effect of postponement) is amended as follows.

(2) 10In subsection (3)—

(a) at the end of paragraph (b) omit “or”;

(b) after paragraph (c) insert—

“(d) make a restitution order, or

(e) order the accused under section 253F(2) of the
15Procedure Act to pay a victim surcharge.”

(3) In subsection (4)—

(a) at the end of paragraph (b) omit “or”;

(b) after paragraph (c) insert—

“(d) making a restitution order, or

(e) 20ordering the accused under section 253F(2) of the
Procedure Act to pay a victim surcharge.”

34 (1) Section 104 of that Act (no order made: reconsideration of case) is amended
as follows.

(2) In subsection (7), after paragraph (d) insert—

“(e) 25any restitution order which has been made against the
accused in respect of the offence (or any of the offences)
concerned;

(f) any order under section 253F(2) of the Procedure Act
requiring the accused to pay a victim surcharge in respect of
30the offence (or any of the offences) concerned.”

(3) After subsection (8) insert—

“(8A) If a restitution order or an order under section 253F(2) of the
Procedure Act has been made against the accused in respect of the
offence or offences concerned, section 97A(2) and (4) does not
35apply.”

35 (1) Section 105 of that Act (no order made: reconsideration of benefit) is
amended as follows.

(2) In subsection (10), after paragraph (d) insert—

“(e) any restitution order which has been made against the
40accused in respect of the offence (or any of the offences)
concerned;

(f) any order under section 253F(2) of the Procedure Act
requiring the accused to pay a victim surcharge in respect of
the offence (or any of the offences) concerned.”

(3) After subsection (11) insert—

“(11A) If a restitution order or an order under section 253F(2) of the
Procedure Act has been made against the accused in respect of the
offence or offences concerned, section 97A(2) and (4) does not
5apply.”

36 (1) Section 106 of that Act (order made: reconsideration of benefit) is amended
as follows.

(2) In subsection (8), after paragraph (c) insert—

“(d) any restitution order which has been made against the
10accused in respect of the offence (or any of the offences)
concerned;

(e) any order under section 253F(2) of the Procedure Act
requiring the accused to pay a victim surcharge in respect of
the offence (or any of the offences) concerned.”

(3) 15In subsection (9)—

(a) for “the court must not” substitute “the court—

(a) must not”;

(b) at the end insert—

“(b) must not have regard to an order falling within
20subsection (8)(d) or (e) if a court has made a direction
under section 97A(2) or (4).”

37 (1) Section 107 of that Act (order made: reconsideration of available amount) is
amended as follows.

(2) In subsection (4), after paragraph (c) insert—

“(d) 25any restitution order which has been made against the
accused in respect of the offence (or any of the offences)
concerned;

(e) any order under section 253F(2) of the Procedure Act
requiring the accused to pay a victim surcharge in respect of
30the offence (or any of the offences) concerned.”

(3) In subsection (5)—

(a) for “the court must not” substitute “the court—

(a) must not”;

(b) at the end insert—

“(b) 35must not have regard to an order falling within
subsection (4)(d) or (e) if a court has made a direction
under section 97A(2) or (4).”

38 In section 118 of that Act (application of provisions about fine enforcement),
in subsection (2) omit paragraph (k).

39 (1) 40Section 121 of that Act (application, recall and variation) is amended as
follows.

(2) In subsection (5), for “(9)” substitute “(10)”.

(3) For subsection (9) substitute—

“(9) In the case of a restraint order, if the condition in section 119 which
45was satisfied was that an investigation was instituted—