Serious Crime Bill (HC Bill 160)

(d) section 5(1), (1A) or (2A) (possession, manufacture etc of
prohibited weapons).

(2) An offence under either of the following provisions of the Customs
and Excise Management Act 1979 if it is committed in connection
5with a firearm or ammunition—

(a) section 68(2) (exportation of prohibited or restricted goods);

(b) section 170 (fraudulent evasion of duty etc).

(3) In sub-paragraph (2) “firearm” and “ammunition” have the same
meanings as in section 57 of the Firearms Act 1968.”

(4) 10After paragraph 11 insert—

“Computer misuse

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

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

(b) 15section 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) section 3ZA (unauthorised acts causing, or creating risk of,
20serious 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
out in subsections (6) to (8).

(6) 25In 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) An offence under any of the following provisions of the Firearms
30(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
trade or business without being registered);

(c) 35Article 45 (possession, manufacture etc of prohibited
weapons.”

(8) After paragraph 27 insert—

“Computer misuse

27A An offence under any of the following provisions of the Computer
40Misuse 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) section 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) 5section 3A (making, supplying or obtaining articles for use in
offence under section 1 or 3).”

48 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) 10In subsection (2)—

(a) after “vary” insert “or replace”;

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

(3) In subsection (4)—

(a) after “vary” insert “or replace”;

(b) 15after “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) After subsection (7) insert—

“(8) 20A 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.”

49 Extension of order where person charged

After section 22D of the Serious Crime Act 2007 (inserted by paragraph 17 of
25Schedule 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
prevention order is charged with—

(a) 30a 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
section to—

(a) 35the 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) the Crown Court in Northern Ireland, in the case of a serious
40crime 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
cease to have effect before then).

(4) 5The 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
section 22B or 22C, by reference to the offence,

(ii) 10a 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) 15the person is acquitted of the offence;

(c) the charge is withdrawn;

(d) in 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) 20an order is made for the charge to lie on the file;

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

(i) proceedings against the person are deserted simpliciter,

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

(iii) 25the indictment or complaint relating to the person falls
or for any other reason does not proceed to trial, or

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

(5) 30An order may be made under this section only if—

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

(b) the 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) 35In subsection (5)(b) “serious crime” means—

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

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

(c) 40serious crime in Northern Ireland, in the case of a serious crime
prevention order in Northern Ireland.”

50 Serious 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) 45omit section 76 (making financial reporting orders in England and
Wales);

(b) omit 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 5Verification 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
10in 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
15believes may be able to contribute to doing either of those things.

(3) Any 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),

20for the purpose of contributing to doing either of the things mentioned
in 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
25criminal offences, whether in the United Kingdom or
elsewhere, 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
30territory outside the United Kingdom.

(5) A 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
35imposed).

(6) But 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

51 40Injunctions to prevent gang-related violence and drug-dealing activity

In 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) 5The 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) 10The 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) 15to 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) prohibit the respondent from doing anything described in the
20injunction;

(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
in the course of, or is otherwise related to, the activities of a group
25that—

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

(7) 30In 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.”

Part 4 35Seizure and forfeiture of drug-cutting agents

Warrants

52 Applications 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) 40to enter premises, and

(b) to search them for substances that appear to be intended for use as
drug-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) 5a 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
10person 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) 15The 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) in Scotland, by evidence on oath;

(c) 20in 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) state that the application is made under this section;

(b) 25specify 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) identify, so far as is possible, the substance or substances to be sought.

(9) 30If 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) whether the officer seeks a warrant authorising an unlimited number of
35entries, 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
it is reasonably practicable to specify;

(b) 40the 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) why it is not reasonably practicable to specify all the premises that it is
45desired to enter and search.

53 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.

If it specifies that it authorises multiple entries, it must also specify whether the
5number of entries authorised is unlimited, or limited to a specified maximum.

(2) A search and seizure warrant must—

(a) specify 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 52 of this Act;

(d) 10specify 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
premises 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) 15Two 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) The copies must be clearly certified as copies.

54 20Execution 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) A police or customs officer may use reasonable force, if necessary, for the
25purpose 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) A person guilty of an offence under subsection (4) is liable on summary
30conviction to a fine not exceeding level 3 on the standard scale.

Seizure

55 Seizure of substances under search and seizure warrant

A police or customs officer searching premises under a search and seizure
warrant may seize any substance on the premises that the officer has
35reasonable grounds to suspect is intended for use as a drug-cutting agent.

56 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
warrant, 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.

57 Notice to be given where substances seized

(1) 5An officer who has seized a substance under section 55 or 56 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) 10A notice under subsection (1) must explain the effect of sections 59, 60, 61 and
63.

58 Containers

(1) An officer who seizes a substance under section 55 or 56 may also seize any
container holding the substance.

(2) 15If a container is seized under this section, reasonable efforts must be made to
return 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) 20if the container appears to be of negligible value,

(b) if 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

59 25Initial retention of seized substances

(1) Where—

(a) a substance has been seized under section 55 or 56, and

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

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

(2) Where—

(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
35that enactment expires, and

(c) there 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).

60 Continued retention or return of seized substances

(1) On 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 59 if satisfied that—

(a) 5the condition in subsection (2) is met, or

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

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

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

(b) 10while consideration is given to bringing (in the United Kingdom or
elsewhere) proceedings against any person for an offence with which
the 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
15than the 60th day after—

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

(b) the end of the period referred to in section 59(2)(b), in any other case.

(4) The condition in this subsection is that proceedings against any person for an
20offence 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
25satisfied 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) 30no 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) 35A notice under subsection (7) must explain—

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

(b) the effect of section 63.

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

(a) 40the 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) 45the 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) proceedings against the person are deserted simpliciter,

(ii) 5proceedings 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) the diet not having been continued, adjourned or postponed, no
10further 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

61 15Forfeiture 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 59.

(2) Where 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
20in 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) A substance ordered to be forfeited may be disposed of in whatever way the
officer who applied for the order thinks is suitable.

(5) 25A substance must not be disposed of under subsection (4)—

(a) before the end of the period within which an appeal under section 62
may be made, or

(b) if 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
30not 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) until the end of the period within which an appeal under section 62
may be made against the order, or

(b) 35if 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
there is to be no appeal, the substance must be returned as soon as possible
after that decision is made.

62 40Appeal against decision under section 61

(1) A party to proceedings for an order under section 61, or a person entitled to the
substance in question (if not a party to those proceedings), may appeal against
an order under that section.