Serious Crime Bill (HC Bill 116)

(4) After paragraph 11 insert—

“Computer misuse

11A An offence under any of the following provisions of the Computer
Misuse Act 1990—

(a) 5section 1 (unauthorised access to computer material);

(b) section 2 (unauthorised access with intent to commit or
facilitate commission of further offences);

(c) section 3 (unauthorised acts with intent to impair, or with
recklessness as to impairing, operation of computer etc);

(d) 10section 3ZA (unauthorised acts causing, or creating risk of,
serious damage to human welfare etc);

(e) section 3A (making, supplying or obtaining articles for use in
offence under section 1 or 3).”

(5) Part 2 of that Schedule (serious offences in Northern Ireland) is amended as set
15out in subsections (6) to (8).

(6) In paragraph 17 (drug trafficking), after paragraph (b) of sub-paragraph (1)
insert—

“(ba) section 6 (restriction of cultivation of cannabis plant);”.

(7) In paragraph 19 (arms trafficking), for sub-paragraph (2) substitute—

“(2) 20An offence under any of the following provisions of the Firearms
(Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3)S.I. 2004/702 (N.I. 3))—

(a) Article 3 (possession etc of firearms or ammunition without
certificate);

(b) Article 24 (dealing etc in firearms or ammunition by way of
25trade or business without being registered);

(c) Article 45 (possession, manufacture etc of prohibited
weapons.”

(8) After paragraph 27 insert—

“Computer misuse

27A 30An offence under any of the following provisions of the Computer
Misuse Act 1990—

(a) section 1 (unauthorised access to computer material);

(b) section 2 (unauthorised access with intent to commit or
facilitate commission of further offences);

(c) 35section 3 (unauthorised acts with intent to impair, or with
recklessness as to impairing, operation of computer etc);

(d) section 3ZA (unauthorised acts causing, or creating risk of,
serious damage to human welfare etc);

(e) section 3A (making, supplying or obtaining articles for use in
40offence under section 1 or 3).”

47 Powers of Crown Court to replace orders on breach

(1) Section 21 of the Serious Crime Act 2007 (powers of Crown Court to vary
orders on breach) is amended as follows.

(2) In subsection (2)—

(a) after “vary” insert “or replace”;

(b) after “the order as varied” insert “, or the new order,”.

(3) In subsection (4)—

(a) 5after “vary” insert “or replace”;

(b) after “the order as varied” insert “, or the new order,”.

(4) In subsection (5), for “A variation under this section may be made” substitute
“An order may be varied or replaced under this section”.

(5) In subsection (6), after “variation” insert “or new order”.

(6) 10After subsection (7) insert—

“(8) A reference in this section to replacing a serious crime prevention order
is to making a new serious crime prevention order and discharging the
existing one.”

48 Extension of order where person charged

15After section 22D of the Serious Crime Act 2007 (inserted by paragraph 17 of
Schedule 1) insert—

“Powers to extend orders where person charged

22E Extension of orders pending outcome of criminal proceedings

(1) This section applies where a person subject to a serious crime
20prevention order is charged with—

(a) a serious offence, or

(b) an offence under section 25 of failing to comply with the serious
crime prevention order.

(2) The relevant applicant authority may make an application under this
25section to—

(a) the Crown Court in England and Wales, in the case of a serious
crime prevention order in England and Wales;

(b) the High Court of Justiciary or the sheriff, in the case of a serious
crime prevention order in Scotland;

(c) 30the Crown Court in Northern Ireland, in the case of a serious
crime prevention order in Northern Ireland.

(3) On an application under this section, the court or sheriff may vary the
serious crime prevention order so that it continues in effect until one of
the events listed in subsection (4) occurs (if the order would otherwise
35cease to have effect before then).

(4) The events are—

(a) following the person’s conviction of the offence mentioned in
subsection (1)—

(i) the order is varied under section 20 or 21, or under
40section 22B or 22C, by reference to the offence,

(ii) a new serious crime prevention order is made under
section 19 or 21, or under section 22A or 22C, by
reference to the offence, or

(iii) the court or sheriff deals with the person for the offence
without varying the order or making a new one;

(b) the person is acquitted of the offence;

(c) the charge is withdrawn;

(d) 5in the case of a serious crime prevention order in England and
Wales or Northern Ireland—

(i) proceedings in respect of the charge are discontinued, or

(ii) an order is made for the charge to lie on the file;

(e) in the case of a serious crime prevention order in Scotland—

(i) 10proceedings against the person are deserted simpliciter,

(ii) proceedings against the person are deserted pro loco et
tempore and no trial diet is appointed,

(iii) the indictment or complaint relating to the person falls
or for any other reason does not proceed to trial, or

(iv) 15the diet not having been continued, adjourned or
postponed, no further proceedings are in contemplation
in relation to the person.

(5) An order may be made under this section only if—

(a) the serious crime prevention order is still in force, and

(b) 20the court or sheriff has reasonable grounds for believing that the
order would protect the public by preventing, restricting or
disrupting involvement by the person in serious crime.

(6) In subsection (5)(b) “serious crime” means—

(a) serious crime in England and Wales, in the case of a serious
25crime prevention order in England and Wales;

(b) serious crime in Scotland, in the case of a serious crime
prevention order in Scotland;

(c) serious crime in Northern Ireland, in the case of a serious crime
prevention order in Northern Ireland.”

49 30Serious crime prevention orders and financial reporting etc

(1) In Chapter 3 of Part 2 of the Serious Organised Crime and Police Act 2005
(financial reporting orders)—

(a) omit section 76 (making financial reporting orders in England and
Wales);

(b) 35omit section 77 (making financial reporting orders in Scotland);

(c) omit section 78 (making financial reporting orders in Northern
Ireland).

(2) In Part 1 of the Serious Crime Act 2007 (serious crime prevention orders), after
section 5 insert—

“5A 40Verification and disclosure of information

(1) This section applies where information is provided to a law
enforcement officer in response to an information requirement
imposed by a serious crime prevention order.

“Information requirement” means a requirement of the kind referred to
45in section 5(5)(a) or (b).

“Information requirement” means a requirement of the kind referred to
in section 5(5)(a) or (b).

(2) The law enforcement officer may, for the purpose of—

(a) checking the accuracy of the information, or

(b) discovering the true position,

disclose the information to any person who the officer reasonably
believes may be able to contribute to doing either of those things.

(3) 5Any other person may disclose information to—

(a) the law enforcement officer, or

(b) a person to whom the law enforcement officer has disclosed
information under subsection (2),

for the purpose of contributing to doing either of the things mentioned
10in subsection (2)(a) and (b).

(4) The law enforcement officer may also disclose the information referred
to in subsection (1) for the purposes of—

(a) the prevention, detection, investigation or prosecution of
criminal offences, whether in the United Kingdom or
15elsewhere, or

(b) the prevention, detection or investigation of conduct for which
penalties other than criminal penalties are provided under the
law of any part of the United Kingdom or of any country or
territory outside the United Kingdom.

(5) 20A disclosure under this section does not breach—

(a) any obligation of confidence owed by the person making the
disclosure, or

(b) any other restriction on the disclosure of information (however
imposed).

(6) 25But nothing in this section authorises a disclosure, in contravention of
any provisions of the Data Protection Act 1998, of personal data which
are not exempt from those provisions.”

Gang injunctions

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

30In Part 4 of the Policing and Crime Act 2009 (injunctions: gang-related
violence), for section 34 substitute—

“34 Injunctions to prevent gang-related violence and drug-dealing activity

(1) A court may grant an injunction under this section against a respondent
aged 14 or over if the first and second conditions are met.

(2) 35The first condition is that the court is satisfied on the balance of
probabilities that the respondent has engaged in or has encouraged or
assisted—

(a) gang-related violence, or

(b) gang-related drug-dealing activity.

(3) 40The second condition is that the court thinks it is necessary to grant the
injunction for either or both of the following purposes—

(a) to prevent the respondent from engaging in, or encouraging or
assisting, gang-related violence or gang-related drug-dealing
activity;

(b) to protect the respondent from gang-related violence or gang-
related drug-dealing activity.

(4) An injunction under this section may (for either or both of those
purposes)—

(a) 5prohibit the respondent from doing anything described in the
injunction;

(b) require the respondent to do anything described in the
injunction.

(5) For the purposes of this section, something is “gang-related” if it occurs
10in the course of, or is otherwise related to, the activities of a group
that—

(a) consists of at least three people, and

(b) has one or more characteristics that enable its members to be
identified by others as a group.

(6) 15In this section “violence” includes a threat of violence.

(7) In this Part “drug-dealing activity” means the unlawful production,
supply, importation or exportation of a controlled drug.

“Production”, “supply” and “controlled drug” here have the meanings
given by section 37(1) of the Misuse of Drugs Act 1971.

20“Production”, “supply” and “controlled drug” here have the meanings
given by section 37(1) of the Misuse of Drugs Act 1971.”

Part 4 Seizure and forfeiture of drug-cutting agents

Warrants

51 25Applications for search and seizure warrants

(1) A justice of the peace may issue a warrant (a “search and seizure warrant”)
authorising a police or customs officer—

(a) to enter premises, and

(b) to search them for substances that appear to be intended for use as
30drug-cutting agents,

if the justice is satisfied that there are reasonable grounds to suspect that a
substance intended for such use is on the premises.

(2) In this Part “police or customs officer” means—

(a) a constable,

(b) 35a National Crime Agency officer, or

(c) a person designated as a general customs official under section 3(1) of
the Borders, Citizenship and Immigration Act 2009.

(3) A search and seizure warrant may be either—

(a) a warrant that relates to any premises occupied or controlled by a
40person specified in the warrant (an “all-premises warrant”), or

(b) a warrant that relates only to premises specified in the warrant (a
“specific-premises warrant”).

(4) A search and seizure warrant may be issued only on the application of a police
or customs officer.

(5) The application may be made without notice being given to persons who might
be affected by the warrant.

(6) The application must be supported—

(a) in England and Wales, by an information in writing;

(b) 5in Scotland, by evidence on oath;

(c) in Northern Ireland, by a complaint on oath.

(7) The police or customs officer must answer on oath any question that the justice
of the peace hearing the application asks him or her.

(8) A police or customs officer applying for a search and seizure warrant must—

(a) 10state that the application is made under this section;

(b) specify the premises or (as the case may be) each set of premises that it
is desired to enter and search;

(c) state what are the grounds for suspecting that a substance intended for
use as a drug-cutting agent is on the premises;

(d) 15identify, so far as is possible, the substance or substances to be sought.

(9) If the police or customs officer is applying for a search and seizure warrant
authorising entry and search on more than one occasion, the officer must also
state—

(a) the ground on which the officer applies for such a warrant;

(b) 20whether the officer seeks a warrant authorising an unlimited number of
entries, or (if not) the maximum number of entries desired.

(10) If the police or customs officer is applying for an all-premises warrant, the
officer must also specify—

(a) as many of the sets of premises that it is desired to enter and search as
25it is reasonably practicable to specify;

(b) the person who is in occupation or control of those premises and any
others that it is desired to enter and search;

(c) why it is necessary to search more premises than those specified under
paragraph (a);

(d) 30why it is not reasonably practicable to specify all the premises that it is
desired to enter and search.

52 Further provisions about search and seizure warrants

(1) A search and seizure warrant authorises entry on one occasion only, unless it
specifies that it authorises multiple entries.

35If it specifies that it authorises multiple entries, it must also specify whether the
number of entries authorised is unlimited, or limited to a specified maximum.

If it specifies that it authorises multiple entries, it must also specify whether the
number of entries authorised is unlimited, or limited to a specified maximum.

(2) A search and seizure warrant must—

(a) 40specify the name of the person who applies for it;

(b) specify the date on which it is issued;

(c) state that the warrant is issued under section 51 of this Act;

(d) specify each set of premises to be searched, or (in the case of an all-
premises warrant) the person who is in occupation or control of
45premises to be searched, together with any premises to be searched that
are under the person’s occupation and can be specified;

(e) identify, so far as is possible, the substance or substances to be sought.

(3) Two copies must be made of a search and seizure warrant that specifies only
one set of premises and does not authorise multiple entries.

(4) As many copies as are reasonably required may be made of any other kind of
warrant.

(5) 5The copies must be clearly certified as copies.

53 Execution of search and seizure warrants

(1) Schedule 2 (execution of search and seizure warrants) has effect.

(2) An entry on or search of premises under a search and seizure warrant is
unlawful unless it complies with that Schedule.

(3) 10A police or customs officer may use reasonable force, if necessary, for the
purpose of entering premises under a search and seizure warrant.

(4) An offence is committed by a person who without reasonable excuse obstructs
a police or customs officer executing or seeking to execute a search and seizure
warrant.

(5) 15A person guilty of an offence under subsection (4) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.

Seizure

54 Seizure of substances under search and seizure warrant

A police or customs officer searching premises under a search and seizure
20warrant may seize any substance on the premises that the officer has
reasonable grounds to suspect is intended for use as a drug-cutting agent.

55 Seizure of substances without search and seizure warrant

If a police or customs officer—

(a) is lawfully on premises that are not subject to a search and seizure
25warrant, and

(b) finds a substance there that the officer has reasonable grounds to
suspect is intended for use as a drug-cutting agent,

the officer may seize the substance.

56 Notice to be given where substances seized

(1) 30An officer who has seized a substance under section 54 or 55 must make
reasonable efforts to give written notice—

(a) to the person from whom the substance was seized, and

(b) if the officer thinks that the substance may belong to a different person,
to that person.

(2) 35A notice under subsection (1) must explain the effect of sections 58, 59, 60 and
62.

57 Containers

(1) An officer who seizes a substance under section 54 or 55 may also seize any
container holding the substance.

(2) If a container is seized under this section, reasonable efforts must be made to
5return it to—

(a) the person from whom it was seized, or

(b) (if different) a person to whom it belongs.

(3) Subsection (2) does not apply—

(a) if the container appears to be of negligible value,

(b) 10if it is not practicable for the container to be returned, or

(c) while the container is or may be needed for use as evidence at a trial for
an offence.

Retention of seized substances

58 Initial retention of seized substances

(1) 15Where—

(a) a substance has been seized under section 54 or 55, and

(b) there continue to be reasonable grounds to suspect that the substance
was intended for use as a drug-cutting agent,

it may be retained until the end of the 30th day after the date of seizure.

(2) 20Where—

(a) a substance has been seized under another enactment and is lawfully in
the possession of a police or customs officer,

(b) the period during which the substance may lawfully be retained under
that enactment expires, and

(c) 25there are reasonable grounds to suspect that the substance was
intended for use as a drug-cutting agent,

it may be retained until the end of the 30th day after the period referred to in
paragraph (b).

59 Continued retention or return of seized substances

(1) 30On an application made by a police or customs officer, a magistrates’ court or
a justice of the peace may make an order extending the period for which a
substance may be retained under section 58 if satisfied that—

(a) the condition in subsection (2) is met, or

(b) the condition in subsection (4) is met.

(2) 35The condition in this subsection is that the continued retention of the substance
is justified—

(a) while its intended use is further investigated, or

(b) while consideration is given to bringing (in the United Kingdom or
elsewhere) proceedings against any person for an offence with which
40the substance is connected.

(3) If the condition in subsection (2) is met, an order under this section may
authorise the retention of the substance for a specified period ending no later
than the 60th day after—

(a) the date of seizure, in the case of a substance seized under section 54 or
55, or

(b) the end of the period referred to in section 58(2)(b), in any other case.

(4) The condition in this subsection is that proceedings against any person for an
5offence with which the substance is connected have been started but have not
been concluded.

(5) If the condition in subsection (4) is met, an order under this section may
authorise the retention of the substance until the proceedings are concluded.

(6) If on the hearing of an application under this section the court or justice is not
10satisfied that the condition in subsection (2) or (4) is met, the court or justice
must order the substance to be returned to a person entitled to it.

(7) Where—

(a) an order is made under this section extending the period for which the
substance may be retained, and

(b) 15no person entitled to the substance was present or represented at the
hearing,

a police or customs officer must make reasonable efforts to give written notice
to the person from whom the substance was seized and, if the officer thinks
that the substance may belong to a different person, to that person.

(8) 20A notice under subsection (7) must explain—

(a) the effect of the court’s order, and

(b) the effect of section 62.

(9) For the purposes of this Part, proceedings against a person for an offence are
concluded when—

(a) 25the person is convicted or acquitted of the offence and either—

(i) the time allowed for making an appeal, or applying for
permission to do so, has expired, or

(ii) if an appeal is made, the appeal is determined or otherwise
dealt with;

(b) 30the charge is withdrawn;

(c) in England and Wales or Northern Ireland—

(i) proceedings in respect of the charge are discontinued, or

(ii) an order is made for the charge to lie on the file;

(d) in Scotland—

(i) 35proceedings against the person are deserted simpliciter,

(ii) proceedings against the person are deserted pro loco et tempore
and no trial diet is appointed,

(iii) the indictment or complaint relating to the person falls or for
any other reason does not proceed to trial, or

(iv) 40the diet not having been continued, adjourned or postponed, no
further proceedings are in contemplation in relation to the
person.

Paragraph (a) applies, where an appeal is made, with references to an appeal
being read as references to any further appeal.

Forfeiture etc or return of seized substances

60 Forfeiture and disposal, or return, of seized substances

(1) A police or customs officer may apply to a magistrates’ court for the forfeiture
of a substance retained under section 58.

(2) 5Where an application for the forfeiture of a substance is made under this
section, the substance is to be retained while proceedings on the application are
in progress.

(3) The court must order the forfeiture of the substance if satisfied that it was
intended for use as a drug-cutting agent.

(4) 10A substance ordered to be forfeited may be disposed of in whatever way the
officer who applied for the order thinks is suitable.

(5) A substance must not be disposed of under subsection (4)—

(a) before the end of the period within which an appeal under section 61
may be made, or

(b) 15if an appeal is made, before it is determined or otherwise dealt with.

(6) The court must order the substance to be returned to a person entitled to it if
not satisfied that the substance was intended for use as a drug-cutting agent.

(7) If an order is made under subsection (6), the substance may nevertheless be
retained—

(a) 20until the end of the period within which an appeal under section 61
may be made against the order, or

(b) if an appeal is made, until the time when it is determined or otherwise
dealt with.

But if it is decided before the end of the period mentioned in paragraph (a) that
25there is to be no appeal, the substance must be returned as soon as possible
after that decision is made.

61 Appeal against decision under section 60

(1) A party to proceedings for an order under section 60, or a person entitled to the
substance in question (if not a party to those proceedings), may appeal against
30an order under that section.

(2) Where—

(a) a police or customs officer brings an appeal under this section, and

(b) no person entitled to the substance in question was a party to the
original proceedings,

35the officer must make reasonable efforts to give notice of the appeal to the
person from whom the substance was seized and, if the officer thinks that the
substance may belong to a different person, to that person.

(3) An appeal under this section is to—

(a) the Crown Court, in England and Wales;

(b) 40the Sheriff Appeal Court, in Scotland;

(c) a county court, in Northern Ireland.

(4) An appeal under this section must be made before the end of the period of 30
days starting with the date of the order appealed against.