Serious Crime Bill (HL Bill 1)

39 Territorial scope of computer misuse offence

(1) The Computer Misuse Act 1990 is amended as follows.

(2) In section 4 (territorial scope of offences), in subsection (1), for “section 1 or 3”
substitute “section 1, 3 or 3ZA”.

(3) 5After subsection (4) of that section insert—

“(4A) It is immaterial for the purposes of an offence under section 3A whether
the accused was in the home country concerned at the time of any act
or other event proof of which is required for conviction of the offence if
there is a significant link with domestic jurisdiction in relation to the
10offence.”

(4) In section 5 (significant links with domestic jurisdiction), after subsection (1)
insert—

“(1A) In relation to an offence under section 1, 3, 3ZA or 3A, where the
accused was in a country outside the United Kingdom at the time of the
15act constituting the offence there is a significant link with domestic
jurisdiction if—

(a) the accused was a United Kingdom national at that time; and

(b) the act constituted an offence under the law of the country in
which it occurred.

(1B) 20In subsection (1A)—

• “country” includes territory;

• “United Kingdom national” means an individual who is—

  (a)

  a British citizen, a British overseas territories citizen, a
  British National (Overseas) or a British Overseas citizen;

  (b)

  25a person who under the British Nationality Act 1981 is a
  British subject; or

  (c)

  a British protected person within the meaning of that
  Act.”

(5) After subsection (3) of that section insert—

“(3A) 30In relation to an offence under section 3ZA, any of the following is also
a significant link with domestic jurisdiction—

(a) that the accused was in the home country concerned at the time
when he did the unauthorised act (or caused it to be done);

(b) that the unauthorised act was done in relation to a computer in
35the home country concerned;

(c) that the unauthorised act caused, or created a significant risk of,
serious damage of a material kind (within the meaning of that
section) in the home country concerned.”

(6) In section 13 (proceedings in Scotland), after subsection (2) insert—

“(2A) 40A sheriff shall have jurisdiction in respect of an offence under section
3A above if—

(a) the accused was in the sheriffdom at the time when—

(i) he made, adapted, supplied or offered to supply the
article intending it to be used as mentioned in
45subsection (1) of that section,

(ii) he supplied or offered to supply the article believing
that it would be used as mentioned in subsection (2) of
that section, or

(iii) he obtained the article intending to use it, or with a view
5to its being supplied for use, as mentioned in subsection
(3) of that section; or

(b) the offence related to the commission of an offence under
section 1 or 3 above (in the way described in subsections (1) to
(3) of section 3A above) and any computer as mentioned in
10subsection (1)(b) or (2)(b) of this section was in the sheriffdom
at the time the accused carried out the act constituting the
offence under section 3A above.”

(7) After subsection (10) of that section insert—

“(10A) Where an offence under section 1, 3 or 3A above is committed outside
15Scotland, the person committing the offence may be prosecuted, tried
and punished for the offence—

(a) in any sheriff court district in Scotland in which the person is
apprehended or is in custody, or

(b) in such sheriff court district as the Lord Advocate may direct,

20as if the offence had been committed in that district; and the offence is,
for all purposes incidental to or consequential on the trial or
punishment, deemed to have been committed in that district.”

40 Savings

(1) The Computer Misuse Act 1990 is amended as follows.

(2) 25In section 10 (saving for certain law enforcement powers)—

(a) for “Section 1(1) above has” substitute “Sections 1 to 3A have”;

(b) in paragraph (a), after “seizure” insert “or of any other enactment by
virtue of which the conduct in question is authorised or required”;

(c) in paragraph (b), after “seizure” insert “or of any other enactment or
30rule of law by virtue of which the conduct in question is authorised or
required”;

(d) for “the said section 1(1)” substitute “any of those sections”;

(e) for “In this section “enforcement officer” means” substitute—

“In this section—

• 35“enactment” means any enactment, whenever passed or
  made, contained in—

  (a)

  an Act of Parliament;

  (b)

  an Act of the Scottish Parliament;

  (c)

  a Measure or Act of the National Assembly for
  40Wales;

  (d)

  an instrument made under any such Act or
  Measure;

  (e)

  any other subordinate legislation (within the
  meaning of the Interpretation Act 1978);

• 45“enforcement officer” means”.

(3) In section 16 (application to Northern Ireland), after subsection (9) insert—

“(9A) In section 10 the definition of “enactment” shall be read as including a
reference to an enactment, whenever passed or made, contained in
Northern Ireland legislation or in an instrument made under such
5legislation.”

Part 3 Organised, serious and gang-related crime

Organised crime groups

41 Offence of participating in activities of organised crime group

(1) 10A person who participates in the criminal activities of an organised crime
group commits an offence.

(2) For this purpose, a person 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 cause to suspect—

(a) 15are criminal activities of an organised crime group, or

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

(3) “Criminal activities” are activities within subsection (4) or (5) that are carried
on with a view to obtaining (directly or indirectly) any gain or benefit.

(4) Activities are within this subsection if—

(a) 20they are carried on in England or Wales, and

(b) they constitute an offence in England and Wales punishable on
conviction on indictment with imprisonment for a term of 7 years or
more.

(5) Activities are within this subsection if—

(a) 25they are carried on outside England and Wales,

(b) they constitute an offence under the law in force of the country where
they are carried on, and

(c) they would constitute an offence in England and Wales of the kind
mentioned in subsection (4)(b) if the activities were carried on in
30England and Wales.

(6) “Organised crime group” means a group that—

(a) has as its purpose, or as one of its purposes, the carrying on of criminal
activities, and

(b) consists of three or more persons who act, or agree to act, together to
35further that purpose.

(7) For a person to be guilty of an offence under this section it is not necessary—

(a) for the person to know any of the persons who are members of the
organised crime group,

(b) for all of the acts or omissions comprising participation in the group’s
40criminal activities to take place in England and Wales (so long as at
least one of them does), or

(c) for the gain or benefit referred to in subsection (3) to be financial in
nature.

(8) It is a defence for a person charged with an offence under this section to prove
that the person’s participation was necessary for a purpose related to the
prevention or detection of crime.

(9) A person guilty of an offence under this section is liable on conviction on
5indictment to imprisonment for a term not exceeding 5 years.

Serious crime prevention orders

42 Extension of Part 1 of Serious Crime Act 2007 to Scotland

Schedule 1 (amendments of Serious Crime Act 2007: Scotland) has effect.

43 Serious crime prevention orders: meaning of “serious offence”

(1) 10Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences in England
and Wales) is amended as set out in subsections (2) to (4).

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

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

(3) 15For paragraph 3 substitute—

“Firearms offences

3 (1) An offence under any of the following provisions of the Firearms Act
1968—

(a) section 1(1) (possession etc of firearms or ammunition
20without certificate);

(b) section 2(1) (possession etc of shot gun without certificate);

(c) section 3(1) (dealing etc in firearms or ammunition by way of
trade or business without being registered);

(d) section 5(1), (1A) or (2A) (possession, manufacture etc of
25prohibited weapons).

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

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

(b) 30section 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) After paragraph 11 insert—

“Computer misuse

11A 35An 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) 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).”

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

(6) In paragraph 17 (drug trafficking), after paragraph (b) of sub-paragraph (1)
10insert—

“(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
(Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3)S.I. 2004/702 (N.I. 3))—

(a) 15Article 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) Article 45 (possession, manufacture etc of prohibited
20weapons.”

(8) After paragraph 27 insert—

“Computer misuse

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

(a) 25section 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) 30section 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).”

44 Powers of Crown Court to replace orders on breach

(1) 35Section 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) 40In subsection (4)—

(a) after “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) After subsection (7) insert—

“(8) 5A 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.”

45 Extension of order where person charged

After section 22D of the Serious Crime Act 2007 (inserted by paragraph 17 of
10Schedule 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) 15a 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) 20the 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
25crime 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) 30The 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) 35a new serious crime prevention order is made under
section 19 or 21, or under section 22A, 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) 40the 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) 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) proceedings against the person are deserted simpliciter,

(ii) proceedings against the person are deserted pro loco et
5tempore 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 further proceedings are in contemplation
10in 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) the court or sheriff has reasonable grounds for believing that the
order would protect the public by preventing, restricting or
15disrupting 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
crime prevention order in England and Wales;

(b) serious crime in Scotland, in the case of a serious crime
20prevention order in Scotland;

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

46 Serious crime prevention orders and financial reporting etc

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

(a) omit 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
30Ireland).

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

“5A Verification and disclosure of information

(1) This section applies where information is provided to a law
35enforcement officer in response to an information requirement
imposed by a serious crime prevention order.

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

“Information requirement” means a requirement of the kind referred to
40in 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
45believes 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),

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

(4) 5The 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
elsewhere, or

(b) 10the 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) A disclosure under this section does not breach—

(a) 15any obligation of confidence owed by the person making the
disclosure, or

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

(6) But nothing in this section authorises a disclosure, in contravention of
20any provisions of the Data Protection Act 1998, of personal data which
are not exempt from those provisions.

(7) In this section “law enforcement officer” has the same meaning as in
section 5.”

Gang injunctions

47 25Injunctions 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
30aged 14 or over if the first and second conditions are met.

(2) The 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) 35gang-related drug-dealing activity.

(3) The 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
40activity;

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

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

(5) 5For 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
10identified by others as a group.

(6) In 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
15given by section 37(1) of the Misuse of Drugs Act 1971.

“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

20Warrants

48 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) to enter premises, and

(b) 25to 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) 30a constable,

(b) a 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) 35a warrant that relates to any premises occupied or controlled by a
person 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
40or 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) in 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) 5A police or customs officer applying for a search and seizure warrant must—

(a) state 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
10use as a drug-cutting agent is on the premises;

(d) identify, 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) 15the ground on which the officer applies for such a warrant;

(b) whether 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) 20as many of the sets of premises that it is desired to enter and search as
it 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
25paragraph (a);

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

49 Further provisions about search and seizure warrants

(1) A search and seizure warrant authorises entry on one occasion only, unless it
30specifies that it authorises multiple entries.

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.

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) 35A 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 48 of this Act;

(d) specify each set of premises to be searched, or (in the case of an all-
40premises 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) Two copies must be made of a search and seizure warrant that specifies only
45one 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.