Serious Crime Bill (HL Bill 1)

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

50 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
5unlawful unless it complies with that Schedule.

(3) A 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
10warrant.

(5) A 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

51 Seizure of substances under search and seizure warrant

15A police or customs officer searching premises under a search and seizure
warrant may seize any substance on the premises that the officer has
reasonable grounds to suspect is intended for use as a drug-cutting agent.

52 Seizure of substances without search and seizure warrant

If a police or customs officer—

(a) 20is 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.

53 25Notice to be given where substances seized

(1) An officer who has seized a substance under section 51 or 52 must make
reasonable efforts to give written notice to a person who the officer thinks may
be entitled to the substance.

(2) A notice under subsection (1) must explain the effect of sections 55, 56, 57 and
3059.

(3) The persons “entitled” to a substance for the purpose of this Part are—

(a) the person from whom it was seized;

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

54 Containers

(1) 35An officer who seizes a substance under section 51 or 52 may also seize any
container holding the substance.

(2) If 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) 5Subsection (2) does not apply—

(a) if 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.

10Retention of seized substances

55 Initial retention of seized substances

(1) Where—

(a) a substance has been seized under section 51 or 52, and

(b) there continue to be reasonable grounds to suspect that the substance
15was 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) Where—

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

(b) 20the period during which the substance may lawfully be retained under
that 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
25paragraph (b).

56 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 55 if satisfied that—

(a) 30the 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) 35while 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
40than the 60th day after—

(a) the date of seizure, in the case of a substance seized under section 51 or
52, or

(b) the end of the period referred to in section 55(2)(b), in any other case.

(4) The condition in this subsection is that proceedings against any person for an
offence 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
5authorise 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
satisfied 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) 10an order is made under this section extending the period for which the
substance may be retained, and

(b) no 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
15to a person who the officer thinks may be entitled to the substance.

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

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

(b) the effect of section 59.

(9) For the purposes of this Part, proceedings against a person for an offence are
20concluded when—

(a) the 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
25dealt with;

(b) the 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) 30in 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) the indictment or complaint relating to the person falls or for
35any 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.

Paragraph (a) applies, where an appeal is made, with references to an appeal
40being read as references to any further appeal.

Forfeiture etc or return of seized substances

57 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 55.

(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
in progress.

(3) The court must order the forfeiture of the substance if satisfied that it was
5intended 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) A substance must not be disposed of under subsection (4)—

(a) before the end of the period within which an appeal under section 58
10may 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
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
15retained—

(a) until the end of the period within which an appeal under section 58
may be made against the order, or

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

20But 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.

58 Appeal against decision under section 57

(1) A party to proceedings for an order under section 57, or a person entitled to the
25substance in question (if not a party to those proceedings), may appeal against
an 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
30original proceedings,

the officer must make reasonable efforts to give notice of the appeal to a person
who the officer thinks may be entitled to the substance.

(3) An appeal under this section is to—

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

(b) 35the sheriff principal, 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.

(5) Subject to subsections (6) and (7), the court or sheriff principal hearing the
40appeal may make any order the court or sheriff principal thinks appropriate.

(6) If an appeal against an order for the return of the substance is allowed—

(a) the court or sheriff principal must order the substance to be forfeited,
and

(b) subsections (4) and (5) of section 57 apply with the necessary
adaptations.

(7) If an appeal against an order forfeiting the substance is allowed—

(a) the court or sheriff principal must order the substance to be returned to
5a person entitled to it, and

(b) subsection (7) of section 57 applies with the necessary adaptations.

59 Return of substance to person entitled to it, or disposal if return impracticable

(1) Where the retention of a substance has been, but is no longer, authorised under
this Part—

(a) 10the substance must (subject to subsection (4)) be returned to a person
entitled to it;

(b) a magistrates’ court must, if asked to do so by a person entitled to the
substance, order it to be returned to that person.

(2) A person who claims to be entitled to a substance retained under this Part may
15apply to a magistrates’ court for an order under subsection (1)(b) or section
56(6) or 57(6) (as appropriate).

(3) Where—

(a) a court makes an order under this Part requiring a substance to be
returned to a particular person, and

(b) 20reasonable efforts have been made, without success, to find that person,
or it is for some other reason impracticable to return the substance to
that person,

the order has effect as if it required the substance to be returned to any person
entitled to it.

(4) 25Where—

(a) a substance is required by a provision of this Part, or an order made
under this Part, to be returned to a person entitled to it, and

(b) reasonable efforts have been made, without success, to find a person
entitled to the substance, or it is for some other reason impracticable to
30return the substance to a person entitled to it,

a police or customs officer may dispose of the substance in whatever way the
officer thinks is suitable.

Supplementary

60 Compensation

(1) 35If no forfeiture order is made in respect of a substance retained under this Part,
the person to whom it belongs may make an application to a magistrates’ court
for compensation.

(2) If the court is satisfied that the applicant has suffered loss as a result of the
retention of the substance, the court may order compensation to be paid to the
40applicant.

(3) Subject to subsection (4), the amount of compensation to be paid is the relevant
proportion of the value of the substance.

For these purposes—

(a) the “relevant proportion” is whatever proportion (not exceeding 100%)
the court thinks is reasonable;

(b) the “value” of the substance is the amount that it would cost the
applicant to acquire the substance at the time when the court makes the
5order.

(4) If the court thinks that, by reason of exceptional circumstances, the value of the
substance would not be adequate compensation, it may order payment of
whatever larger amount it thinks reasonable.

(5) The fund from which, or person by whom, the compensation is to be paid
10depends on the person by whom the substance was seized, as follows—

61 Interpretation etc

(1) 30For the purposes of this Part, a substance is used as a “drug-cutting agent” if it
is added to a controlled drug in connection with the unlawful supply or
exportation of the drug.

(2) In this Part—

• “controlled drug” has the same meaning as in the Misuse of Drugs Act
  351971 (see section 2 of that Act);

• “enactment” includes—

  (a)

  an enactment contained in subordinate legislation within the
  meaning of the Interpretation Act 1978;

  (b)

  an enactment contained in, or in an instrument made under, an
  40Act of the Scottish Parliament;

  (c)

  an enactment contained in, or in an instrument made under,
  Northern Ireland legislation;

Serious Crime BillPage 46

• “entitled”, in relation to a substance, is to be read in accordance with
  section 53(3);

• “police or customs officer” has the meaning given by section 48(2);

• “premises” includes any place and, in particular, includes—

  (a)

  5any vehicle, vessel, aircraft or hovercraft;

  (b)

  any offshore installation within the meaning given by section 1
  of the Mineral Workings (Offshore Installations) Act 1971;

  (c)

  any renewable energy installation within the meaning given by
  section 104 of the Energy Act 2004;

  (d)

  10any tent or movable structure;

• “search and seizure warrant” means a warrant under section 48;

• “supplying” includes distributing;

• “unlawful” means—

  (a)

  in relation to a supply, unlawful under section 4 of the Misuse
  15of Drugs Act 1971;

  (b)

  in relation to an exportation, prohibited under section 3 of that
  Act.

(3) Where a retrial is ordered on a person’s appeal against conviction for an
offence, a reference in this Part to the determination of the appeal is a reference
20to the conclusion of proceedings for the offence on retrial.

(4) In the application of this Part to Scotland, a reference to a magistrates’ court or
to a justice of the peace is to be read as a reference to a sheriff.

(5) In the application of this Part to Northern Ireland—

(a) a reference to a justice of the peace in section 48 is to be read as a
25reference to a lay magistrate;

(b) a reference to a magistrates’ court or a justice of the peace in section 56,
and any other reference to a magistrates’ court, is to be read as a
reference to a court of summary jurisdiction.

Part 5 30Protection of children etc

62 Child cruelty offence

(1) Section 1 of the Children and Young Persons Act 1933 (cruelty to persons under
16) is amended as follows.

(2) In subsection (1), for the words from “(including” to “derangement)” substitute
35“(whether the suffering or injury is of a physical or a psychological nature)”.

(3) In that subsection, for “a misdemeanour” substitute “an offence”.

63 Possession of paedophile manual

(1) It is an offence to be in possession of any item that contains advice or guidance
about abusing children sexually.

(2) 40It is a defence for a person (D) charged with an offence under this section—

(a) to prove that D had a legitimate reason for being in possession of the
item;

(b) to prove that—

(i) D had not read, viewed or (as appropriate) listened to the item,
and

(ii) D did not know, and had no reason to suspect, that it contained
5advice or guidance about abusing children sexually; or

(c) to prove that—

(i) the item was sent to D without any request made by D or on D’s
behalf, and

(ii) D did not keep it for an unreasonable time.

(3) 10A person guilty of an offence under this section is liable—

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

(b) on summary conviction in Northern Ireland, to imprisonment for a
term not exceeding 6 months or to a fine not exceeding the statutory
15maximum, or to both;

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

(4) Proceedings for an offence under this section may be brought—

(a) in England and Wales, only by or with the consent of the Director of
20Public Prosecutions;

(b) in Northern Ireland, only by or with the consent of the Director of
Public Prosecutions for Northern Ireland.

(5) In England and Wales, the following provisions of the Protection of Children
Act 1978 apply in relation to prohibited items as they apply in relation to
25indecent photographs of children (within the meaning of that Act)—

(a) section 4 (entry, search and seizure);

(b) the Schedule (forfeiture of photographs).

(6) In Northern Ireland, the following provisions of the Protection of Children Act
(Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)S.I. 1978/1047 (N.I. 17)) apply in relation to
30prohibited items as they apply in relation to indecent photographs of children
(within the meaning of that Order)—

(a) Article 4 (entry, search and seizure);

(b) the Schedule (forfeiture of photographs).

(7) Schedule 3 makes special provision in connection with the operation of
35subsection (1) in relation to persons providing information society services
within the meaning of that Schedule.

(8) In this section—

• “abusing children sexually” means doing anything that constitutes—

  (a)

  an offence under Part 1 of the Sexual Offences Act 2003, or
  40under Part 2, 3 or 4 of the Sexual Offences (Northern Ireland)
  Order 2008 (S.I. 2008/1769S.I. 2008/1769 ((N.I. 2)), against a person under 16,
  or

  (b)

  an offence under section 1 of the Protection of Children Act
  1978, or under Article 3 of the Protection of Children Act
  45(Northern Ireland) Order 1978, involving indecent photographs
  (but not pseudo-photographs),

  Serious Crime BillPage 48

  or doing anything outside England and Wales or Northern Ireland that
  would constitute such an offence if done in England and Wales or
  Northern Ireland;

• “item” includes anything in which information of any description is
  5recorded;

• “prohibited item” means an item within subsection (1).

64 Offence of female genital mutilation: extra-territorial acts

(1) The Female Genital Mutilation Act 2003 is amended as follows—

(a) in section 3 (offence of assisting non-UK person to mutilate overseas a
10girl’s genitalia), in subsections (1) and (2)(a) omit “permanent”;

(b) in section 4 (extension of sections 1 to 3 to extra-territorial acts), in
subsection (1) omit “permanent”;

(c) in section 6 (definitions), for subsection (3) substitute—

“(3) A United Kingdom resident is an individual who is habitually
15resident in the United Kingdom.”

(2) The Prohibition of Female Genital Mutilation (Scotland) Act 2005 is amended
as follows—

(a) in section 3 (aiding and abetting female genital mutilation), in
subsections (1)(c) and (2) omit “permanent”;

(b) 20in section 4 (extension of sections 1 and 3 to extra-territorial acts), in
subsection (1) omit “permanent”;

(c) in section 6 (definitions), for the definition of “permanent United
Kingdom resident” substitute—

• ““United Kingdom resident” is an individual who is
  25habitually resident in the United Kingdom.”

Part 6 Miscellaneous and general

Miscellaneous

65 Preparation or training abroad for terrorism

30In section 17 of the Terrorism Act 2006 (commission of offences abroad), in
subsection (2)(b), after “an offence under” insert “section 5 or 6 or”.

66 Approval of draft decisions under Article 352 of TFEU relating to serious
crime

(1) This section has effect for the purposes of section 8 of the European Union Act
352011 (decisions under Article 352 of TFEU).

(2) The following draft decisions of the Council of the European Union under
Article 352 of TFEU are approved—

(a) the draft decision to repeal Council Decision 2007/124/EC, Euratom
establishing for the period 2007 to 2013, as part of General Programme
40on Security and Safeguarding Liberties, the Specific Programme
“Prevention, Preparedness and Consequence Management of

Terrorism and other Security related risks” (document number 15187/
13);

(b) the draft decision to adopt the Council Regulation extending to the
non-participating member States the application of Regulation (EU) No
5331/2014 establishing an exchange, assistance and training programme
for the protection of the euro against counterfeiting (the “Pericles 2020”
programme) (document number 16616/13).

(3) In this section “TFEU” means the Treaty on the Functioning of the European
Union.

10General

67 Minor and consequential amendments

(1) Schedule 4 (minor and consequential amendments) has effect.

(2) The Secretary of State may by regulations make provision that is consequential
on any provision of this Act.

(3) 15The power to make regulations under this section—

(a) is exercisable by statutory instrument;

(b) includes power to make transitional, transitory or saving provision;

(c) may, in particular, be exercised by amending, repealing, revoking or
otherwise modifying any provision made by or under primary
20legislation passed before this Act or in the same Session.

(4) Before making regulations under this section the Secretary of State must—

(a) if the regulations contain provision that would fall within the
legislative competence of the Scottish Parliament if included in an Act
of that Parliament, consult the Scottish Ministers;

(b) 25if the regulations contain provision that would fall within the
legislative competence of the Northern Ireland Assembly if included in
an Act of that Assembly, consult the Department of Justice in Northern
Ireland.

(5) A statutory instrument containing regulations under this section that amend,
30repeal or revoke any provision of primary legislation is not to be made unless
a draft of the instrument has been laid before, and approved by a resolution of,
each House of Parliament.

(6) Any other statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
35Parliament.

(7) In this section “primary legislation” means—

(a) an Act of Parliament;

(b) an Act of the Scottish Parliament;

(c) a Measure or Act of the National Assembly for Wales;

(d) 40Northern Ireland legislation.

68 Transitional and saving provisions

(1) An order under section 13A of the Proceeds of Crime Act 2002 (inserted by
section 7) may be made in respect of any confiscation order (within the