Serious Crime Bill [HL]

[Withdrawn]

Page 28, line 5, at end insert “to the extent of the property or advantage obtained”

Page 28, line 7, at end insert—

“( )     In section 97 (confiscation orders by magistrates’ courts), for subsection (1)
substitute—

Page 28, leave out lines 13 and 14

Page 28, line 16, leave out subsection (4)

Page 29, line 25, leave out “sea adjacent to” and insert “waters of”

The above-named Lords give notice of their intention to oppose the Question that Clause 37
stand part of the Bill.

Page 30, line 11, leave out subsection (4)

Page 30, line 39, at end insert—

Page 31, line 8, leave out “or 3” and insert “, 3 or 3ZA”

Page 31, line 10, leave out “or (2)(b)” and insert “, (2)(b) or (2A)(b)”

Page 31, line 13, leave out subsection (7)

Page 31, line 14, after “3” insert “, 3ZA”

Insert the following new Clause—

“Annual reports: cyber-crime strategy

(1)     The Police Reform and Social Responsibility Act 2011 is amended as
follows.

(2)     In section 12 (annual reports), after subsection (7) insert—

Page 32, line 13, after “group” insert “only”

Page 32, line 13, after “takes” insert “an active”

Page 32, line 14, leave out “has reasonable cause to suspect” and insert “suspects”

Page 32, line 14, leave out “suspect” and insert “believe”

Page 32, line 16, leave out “help” and insert “enable”

Page 32, line 16, at end insert—

“(2A)    A person who is a member of the regulated sector for the purposes of Part
7 of the Proceeds of Crime Act 2002 (money laundering) participates in the
criminal activities of an organised crime group if the person takes part in
any activities that the person knows or has reasonable grounds for
suspecting—

(a)   are criminal activities of an organised crime group; or

(b)   will help an organised crime group to carry on criminal activities.

(2B)    A person does not commit an offence under subsection (2A) if—

(a)   he does not know or suspect that he is participating in the criminal
activities of an organised crime group; and

(b)   he has not been provided by his employer with appropriate
training for the purposes of this section; or

(c)   he has a reasonable excuse for acting as he did.

(2C)    Subsections (2A) and (2B) are to be interpreted in accordance with
guidance issued within the terms of section 330(8) of the Proceeds of Crime
Act 2002 (failure to disclose: regulated sector).”

Page 32, line 34, leave out “three or more”

Page 32, line 43, at end insert—

“(7A)    Where an offence under this section would also constitute an offence under
section 328 of the Proceeds of Crime Act 2002 (arrangements), then the
exclusion set out in section 328(2) also applies to the offences set out in this
section.”

Page 33, line 1, leave out subsection (8)

The above-named Lords give notice of their intention to oppose the Question that Clause 41
stand part of the Bill.

Lord Mackay of Drumadoon gives notice of his intention to oppose the Question that
Clause 42 stand part of the Bill.

Page 57, line 30, at end insert “; or

Page 58, line 12, at end insert “; or

Page 58, line 43, at end insert “; or

Page 59, line 33, leave out “Scottish Ministers” and insert “Lord Advocate”

Page 60, line 17, at end insert—

“      After section 27 insert—

  (1)     Section 29 (powers to wind up: supplementary) is amended as follows.

(2)     After subsection (1) insert—

(3)     In subsection (2)—

(a)   after “subsection (1)” insert “, (1ZA)”;

(b)   after “section 27(3) and (4)” insert “, 27A(3) and (4)”.

(4)     After subsection (3) insert—

(5)     In subsection (4)—

(a)   after “section 27(5) or (6)” insert “, 27A(7)”;

(b)   after “subsection (1)” insert “, (1ZA)”;

(c)   after “enactment” insert “including, in the case of an order made
by virtue of section 27A(7) or subsection (1ZA) above, an
enactment comprised in, or in an instrument made under, an Act
of the Scottish Parliament.””

Page 60, leave out lines 32 to 34 and insert—

“(1)     Proceedings before the High Court of Justiciary (the “High Court”) or the
sheriff arising by virtue of section 22A, 22B, 22C or 22E are civil
proceedings.

(2)      One consequence of this is that the standard of proof to be applied by the
High Court or (as the case may be) the sheriff in such proceedings is the
civil standard of proof.

(3)      Two other consequences of this are that the High Court or (as the case
may be) the sheriff—

(a)    is not restricted to considering evidence that would have been
admissible in the criminal proceedings in which the person
concerned was convicted; and

(b)    may adjourn any proceedings in relation to a serious crime
prevention order even after sentencing the person concerned.

(4)      Despite subsection (1), an Act of Adjournal under section 305 of the
Criminal Procedure (Scotland) Act 1995 (Acts of Adjournal) may be
made in relation to proceedings before the High Court or the sheriff
arising by virtue of section 22A, 22B, 22C or 22E.

(5)      A serious crime prevention order may be made as mentioned in section
22A(6)(b) in spite of anything in sections 246 and 247 of the Criminal
Procedure (Scotland) Act 1995 (which relate to orders discharging a
person absolutely and their effect).

(6)      A variation of a serious crime prevention order may be made as
mentioned in section 22B(4)(b), or (as the case may be) a variation of or a
new serious crime prevention order may be made as mentioned in
section 22C(4)(b), in spite of anything in sections 246 and 247 of the
Criminal Procedure (Scotland) Act 1995.”

Page 61, line 25, at end insert—

“( )   in subsection (6)—

(i)   for “statutory instrument” substitute “the Secretary of
State or the Treasury”;

(ii)   after “27(6) or (12),” insert “, 27A(7)”;”

Page 61, line 29, at end insert “, 27A(7) or (12), 29(1ZA) or (3ZA)”

Page 35, line 36, after “22A” insert “or 22C”

Insert the following new Clause—

“Dissuasion Panels to prevent gang-related violence and drug-dealing activity

(1)     A police officer may refer a person aged 14 or over to a Dissuasion Panel
under this section if the following two conditions are met.

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

(a)   gang-related violence; or

(b)   gang-related drug-dealing activity.

(3)     The second condition is that the officer thinks it is necessary to make the
referral for any of the following purposes—

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

(b)   to protect the person from gang-related violence or gang-related
drug-dealing activity;

(c)   to determine whether the person is drug dependent and may
benefit from drug treatment.

(4)     A Dissuasion Panel must be comprised of at least three people from the
following backgrounds, with preference given to professionals with prior
knowledge of the individual—

(a)   medical, including mental health;

(b)   social work;

(c)   legal;

(d)   any other profession that the court believes will be useful and as it
directs.

(5)     The Dissuasion Panel will—

(a)   assess the individual’s personal circumstances,

(b)   consider whether these have impacted on the activities at
subsection (2), and

(c)   determine whether interventions are needed to—

(i)   prevent the person from engaging in, or encouraging or
assisting, gang-related violence or gang-related drug-
dealing activity;

(ii)   protect the person from gang-related violence or gang-
related drug-dealing activity;

(iii)   address drug dependency.

(6)     Following assessment of a person by a Dissuasion Panel under this section,
the Panel may—

(a)   make no further intervention; or

(b)   require the respondent to do something which they reasonably
believe will—

(i)   prevent the person from engaging in, or encouraging or
assisting, gang-related violence or gang-related drug-
dealing activity;

(ii)   protect the person from gang-related violence or gang-
related drug-dealing activity;

(iii)   address drug dependency.

(7)     Requirements may include, but are not limited to—

(a)   treatment for those who are drug dependent;

(b)   counselling;

(c)   education;

(d)   training;

(e)   reporting to the Panel for review.

(8)     If the person does not agree to the proposed requirements they will be
referred to court for alternative action under section 34 of the Policing and
Crime Act 2009, as introduced by section 47 of the Serious Crime Act 2014.

(9)     At any review by the Dissuasion Panel, the Panel may—

(a)   permit the contract to continue with its current terms;

(b)   vary the contract by—

(i)   adding a requirement;

(ii)   removing an existing requirement;

(iii)   amending an existing requirement;

(c)   cancel the contract and refer the person to court for alternative
action under section 34 of the Policing and Crime Act 2009, as
introduced by section 47 of the Serious Crime Act 2014.

(10)     If the person breaches the contract, he or she will initially be referred back
to the Dissuasion Panel who may—

(a)   permit the contract to continue with its current terms;

(b)   vary the contract by—

(i)   adding a requirement;

(ii)   remove an existing requirement;

(iii)   amending an existing requirement;

(c)   cancel the contract and refer the individual to court for alternative
action under section 34 of the Policing and Crime Act 2009 as
introduced by section 47 of the Serious Crime Act 2014.

(11)     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 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.

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

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

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

Page 37, line 30, leave out “the first and second” and insert “three”

Page 37, line 31, leave out “on the balance of probabilities” and insert “beyond
reasonable doubt”

Page 37, line 35, at end insert—

Page 37, line 36, leave out “second” and insert “third”

Page 37, line 42, at end insert—

Page 38, line 1, leave out “doing anything described in the injunction” and insert
“engaging in, or encouraging or assisting, gang-related violence or gang-related
drug-dealing activity;”

Page 38, line 3, leave out “described in the injunction” and insert “which will
protect the respondent from gang-related violence or gang-related drug-dealing
activity”

Lord Howarth of Newport gives notice of his intention to oppose the Question that
Clause 47 stand part of the Bill.

Insert the following new Clause—

“UK Passport Office powers

Foreign passport declaration

(1)     Subject to subsection (2), where a person holds, tries to renew or to obtain
a British passport, the UK Passport Office may require that person to
provide information about any foreign passport or passports they
currently hold or have held in the past and may further require that person
to notify the UK Passport Office of any subsequently acquired foreign
passport.

(2)     Such information must be considered by the UK Passport Office to be of
use for combatting terrorism or other serious or organised crime.

(3)     Any information so obtained by the UK Passport Office may be retained by
that Office and used for the purpose of combatting terrorism or serious or
organised crime.”

Insert the following new Clause—

“Guidance

In section 47 of the Policing and Crime Act 2009 (guidance), for subsection
(3) substitute—

Page 42, line 15, at end insert “and (if different) the person from whom it was
seized”

Insert the following new Clause—

“Mandatory reporting of abuse in relation to regulated activities

(1)     Subject to subsection (4), providers of regulated activities involving
children or vulnerable adults, and persons whose services are used by such
providers being persons who stand in a position of personal trust towards
such children or vulnerable adults, who have reasonable grounds for
knowing or suspecting the commission of the abuse of children or
vulnerable adults in their care whether such commission of abuse shall
have taken place or be alleged to have or be suspected of having taken place
in the setting of the regulated activity or elsewhere, have a duty to inform
the Local Authority Designated Officer (LADO) or children’s services or
such other single point of contact with the local authority as such authority
may designate for the purpose of reporting it or any such matter, allegation
or suspicion as soon as is practicable after it comes to their knowledge or
attention.

(2)     Failure to fulfil the duty set out in subsection (1) before the expiry of the
period of 10 days of the matter or allegation or suspicion first coming to the
knowledge or attention of the provider or of any person whose services are
used by the provider as defined in subsection (1) is an offence.

(3)     It shall be a defence to show that the LADO or children’s services or that
such other single point of contact with the local authority as such authority
may designate for the purpose of reporting was or were informed by any
other party during the 10 days referred to in subsection (2) or had been so
informed before then.

(4)     A Secretary of State having responsibility for the welfare, safety and
protection of children and of vulnerable adults may in exceptional cases by
a letter or other instrument under his hand rescind or temporarily suspend
the duty referred to in subsection (1) in the case of any specified child or
children or of any specified vulnerable adult or adults concerning whom it
appears to him that the welfare, safety or the protection of such child or
children or of such vulnerable adult or adults would be prejudiced or
compromised by the fulfilment of the duty referred to in subsection (1) and
may where it appears to him that the welfare, safety and protection of
children is furthered thereby exempt any specified entity or organisation
and the members thereof that works with children generally in furtherance
of their welfare and safety and protection or any specified medical officer
from compliance with the duty referred to in subsection (1) provided
always that no allegation is made against such entity or organisation or
member thereof or against such medical officer.

(5)     It shall be a defence for any person to show that a Secretary of State having
responsibility for the welfare, safety and protection of children and of
vulnerable adults has issued a letter or other instrument under his hand
rescinding or temporarily suspending the duty referred to in subsection (1)
in the case of any specified child or children or of any specified vulnerable
adult or adults and it shall be a defence for any person employed by or
operating as an entity or organisation that works with children or for any
medical officer to show that a Secretary of State having responsibility for
the welfare, safety and protection of children and of vulnerable adults has
by such letter or instrument under his hand whether temporarily or
permanently exempted it and its members or any medical officer from
compliance with the duty referred to in subsection (1).

(6)     A person guilty of an offence under this section is liable—

(a)   on summary conviction, to imprisonment for a term not exceeding
12 months or to a fine, or both;

(b)   on conviction on indictment, to imprisonment for a term not
exceeding three years or to a fine, or both.

(7)     In this section “regulated activity” has the same meaning as in Schedule 4
to the Safeguarding Vulnerable Groups Act 2006.”

Page 49, line 30, leave out “or revoke” and insert “, revoke or otherwise modify”

Page 74, line 41, at end insert—

“25A          In section 99 of that Act (postponement), after paragraph (c) of
subsection (11) insert—

25B   (1)  Section 100 of that Act (effect of postponement) is amended as follows.

(2)     In subsection (3)—

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

(b)   after paragraph (c) insert—

(3)     In subsection (4)—

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

(b)   after paragraph (c) insert—

25C   (1)  Section 104 of that Act (no order made: reconsideration of case) is
amended as follows.

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

(3)     After subsection (8) insert—

25D   (1)  Section 105 of that Act (no order made: reconsideration of benefit) is
amended as follows.

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

(3)     After subsection (11) insert—

25E   (1)  Section 106 of that Act (order made: reconsideration of benefit) is
amended as follows.

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

(3)     In subsection (9)—

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

(b)   at the end insert—

25F          In section 118 of that Act (application of provisions about fine
enforcement), in subsection (2) omit paragraph (k).

25G          In section 131 of that Act (sums received by clerk of court)—

(a)   in subsection (6), after “97(6)” insert “or 97A(4)”;

(b)   after that subsection insert—

25H          In section 153 of that Act (satisfaction of confiscation orders), in
subsection (1) omit paragraph (b).”

Page 51, line 14, leave out “15 and 16” and insert “(Restitution order and victim
surcharge) to (Conditions for exercise of search and seizure powers)”

Page 51, line 26, at end insert “made by statutory instrument”

Page 51, line 29, leave out “15 and 16” and insert “(Restitution order and victim
surcharge) to (Conditions for exercise of search and seizure powers)”

Page 52, leave out line 17