Serious Crime Bill (HL Bill 1)

prevention order was inappropriate, the Lord Advocate may appeal
against the decision.

(3) In addition, an appeal may be made in relation to a decision of the
High Court of Justiciary or the sheriff—

(a) 5to make a serious crime prevention order under section 22A;
or

(b) to vary, or not to vary, such an order under section 22B or
22C;

by any person who was given an opportunity to make
10representations in the proceedings concerned by virtue of section
9(4A).”

19 (1) Section 27 (powers to wind up companies etc: England and Wales and
Scotland) is amended as follows.

(2) In the heading, omit the words “and Scotland”.

(3) 15In subsection (12), omit the words “or Scotland”—

(a) in paragraph (a) of the definition of “company”;

(b) in the definition of “the court”.

20 (1) Section 31 (other partnerships) is amended as follows.

(2) In subsection (3), after “England and Wales”, in both places, insert
20“, Scotland,”.

(3) In subsection (6)(b), omit sub-paragraph (ii).

21 In section 32 (unincorporated associations), omit sub-paragraph (ii) of
subsection (5)(b).

22 In section 34 (providers of information society services), in subsection
25(2)(a)—

(a) omit the word “and” at the end of after sub-paragraph (i);

(b) after that sub-paragraph insert—

“(ia) in the case of an order in Scotland, serious
crime in Scotland;”.

23 30After section 36 insert—

“36A Proceedings in the High Court of Justiciary and sheriff court

In any proceedings before the High Court of Justiciary or the sheriff
in relation to serious crime prevention orders, the standard of proof
to be applied by the court is the civil standard of proof.”

24 35In section 39 (compliance with orders: authorised monitors), in the
definition of “law enforcement agency” in subsection (10), after paragraph
(zc) insert—

“(zd) the chief constable of the Police Service of Scotland;”.

25 (1) Section 40 (costs in relation to authorised monitors) is amended as follows.

(2) 40In subsection (5), for “recoverable as if” substitute “recoverable—

(a) in England and Wales and Northern Ireland, as if”.

(3) At the end of that subsection insert—

“(b) in Scotland, in like manner as an extract registered decree
arbitral bearing a warrant for execution issued by the sheriff
court of any sheriffdom in Scotland.”

(4) 5After subsection (6) insert—

“(6A) Where any amounts required to be paid by virtue of section 39(4) and
(5) are, in the case of a serious crime prevention order made under
section 22A, not paid within a required period, the unpaid balance
from time to time carries interest at the rate payable under a decree
10of the Court of Session.”

(5) In subsection (9), after paragraph (a) insert—

“(aa) in relation to serious crime prevention orders in Scotland, the
Scottish Ministers;”.

26 In section 43 (index of defined expressions), at the appropriate places
15insert—

27 20In section 89 (orders)—

(a) in subsection (2)—

(i) for “or the Treasury” substitute “, the Treasury or the Scottish
Ministers”;

(ii) at the end insert “or the Scottish Ministers consider
25appropriate.”;

(b) after subsection (6) insert—

“(6A) An order under section 4(4A) is subject to the affirmative
procedure.

(6B) An order made by the Scottish Ministers under section 7(1A)
30or 40 is subject to the negative procedure.”

28 In section 93 (extent), in subsection (2) (provisions that extend to England
and Wales and Northern Ireland only) omit paragraph (a).

29 In Schedule 1 (serious offences), after Part 1 insert—

“ Part 1A Serious offences in Scotland

16A Drug trafficking

(1) 5An offence under any of the following provisions of the Misuse of
Drugs Act 1971—

(a) section 4(2) or (3) (unlawful production or supply of
controlled drugs);

(b) section 5(3) (possession of controlled drug with intent to
10supply);

(c) section 6 (restriction of cultivation of cannabis plant);

(d) section 8 (permitting etc certain activities relating to
controlled drugs);

(e) section 20 (assisting in or inducing the commission outside
15the United Kingdom of an offence punishable under a
corresponding law).

(2) An offence under any of the following provisions of the Customs
and Excise Management Act 1979 if it is committed in connection
with a prohibition or restriction on importation or exportation
20which has effect by virtue of section 3 of the Misuse of Drugs Act
1971—

(a) section 50(2) or (3) (improper importation of goods);

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

(c) 25section 170 (fraudulent evasion of duty etc).

(3) An offence under either of the following provisions of the
Criminal Justice (International Co-operation) Act 1990—

(a) section 12 (manufacture or supply of a substance for the
time being specified in Schedule 2 to that Act);

(b) 30section 19 (using a ship for illicit traffic in controlled
drugs).

16B People trafficking

(4) An offence under section 25, 25A or 25B of the Immigration Act
1971 (assisting unlawful immigration etc).

(5) 35An offence under section 4 of the Asylum and Immigration
(Treatment of Claimants, etc) Act 2004 (trafficking people for
exploitation).

16C Firearms offences

(1) An offence under any of the following provisions of the Firearms
40Act 1968—

(a) section 1(1) (possession etc of firearms or ammunition
without 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
prohibited weapons).

(2) 5An 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) 10section 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.

16D Prostitution, child sex and pornography

(1) An offence under any of the following provisions of the Criminal
15Law Consolidation (Scotland) Act 1995—

(a) section 11(1) (living on earnings of prostitution or
soliciting for immoral purposes);

(b) section 11(4) (aiding, abetting or compelling prostitution
for gain);

(c) 20section 11(5) (running of brothels).

(2) An offence under section 22 of the Criminal Justice (Scotland) Act
2003 (traffic in prostitution etc).

(3) An offence under any of the following provisions of the Protection
of Children and Prevention of Sexual Offences (Scotland) Act
252005—

(a) section 10 (causing or inciting provision by child of sexual
services or child pornography);

(b) section 11 (controlling a child providing sexual services or
involved in pornography);

(c) 30section 12 (arranging or facilitating provision by child of
sexual services or child pornography).

(4) An offence under section 51(2) of the Civic Government (Scotland)
Act 1982 (obscene material).

16E Serious organised crime

(1) 35An offence under any of the following provisions of the Criminal
Justice and Licensing (Scotland) Act 2010—

(a) section 28(1) (involvement in serious organised crime);

(b) section 30(1) or (2) (directing serious organised crime).

(2) An offence aggravated by a connection with serious organised
40crime as mentioned in section 29(1) of the Criminal Justice and
Licensing (Scotland) Act 2010 (offences aggravated by connection
with serious organised crime).

16F Money laundering

An offence under any of the following provisions of the Proceeds
of Crime Act 2002—

(a) section 327 (concealing etc criminal property);

(b) 5section 328 (facilitating the acquisition etc of criminal
property by or on behalf of another);

(c) section 329 (acquisition, use and possession of criminal
property).

16G Offences in relation to public revenue

(1) 10An offence under section 170 of the Customs and Excise
Management Act 1979 (fraudulent evasion of duty etc) so far as
not falling within paragraph 16A(2)(c) or 16C(2)(b) above.

(2) An offence under section 72 of the Value Added Tax Act 1994
(fraudulent evasion of VAT etc).

(3) 15An offence under section 106A of the Taxes Management Act 1970
(fraudulent evasion of income tax).

(4) An offence under section 35 of the Tax Credits Act 2002 (tax credit
fraud).

16H Bribery

20An offence under any of the following provisions of the Bribery
Act 2010—

(a) section 1 (offences of bribing another person);

(b) section 2 (offences relating to being bribed);

(c) section 6 (bribery of foreign public officials).

16I 25Counterfeiting

An offence under any of the following provisions of the Forgery
and Counterfeiting Act 1981—

(a) section 14 (making counterfeit notes or coins);

(b) section 15 (passing etc counterfeit notes or coins);

(c) 30section 16 (having custody or control of counterfeit notes
or coins);

(d) section 17 (making or having custody or control of
counterfeiting materials or implements).

16J Fraud etc

(1) 35An offence under section 12(1) or (2) of the Gangmasters
(Licensing) Act 2004 (acting as a gangmaster other than under the
authority of a licence, possession of false documents, etc).

(2) Fraud.

(3) Conspiracy to defraud.

(4) 40Theft.

(5) Extortion.

(6) Assault and robbery.

16K Computer misuse

An offence under any of the following provisions of the Computer
5Misuse 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
10recklessness 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 offence under section 1 or 3.

16L 15Intellectual property

(1) An offence under section 297A of the Copyright, Designs and
Patents Act 1988 (making or dealing etc in unauthorised
decoders).

(2) An offence under section 92(1), (2) or (3) of the Trade Marks Act
201994 (unauthorised use of trade mark etc).

16M Environment

(1) An offence under any of the following provisions of the Salmon
and Freshwater Fisheries (Consolidation) (Scotland) Act 2003—

(a) section 1 (fishing for salmon: methods);

(b) 25section 2 (fishing for freshwater fish: methods);

(c) section 5 (using explosive or other noxious substances for
taking or destruction of fish etc).

(2) An offence under section 14 of the Wildlife and Countryside Act
1981 (introduction of new species etc).

(3) 30An offence under section 33 of the Environmental Protection Act
1990 (prohibition on unauthorised or harmful deposit, treatment
or disposal etc of waste).

(4) An offence under regulation 8 of the Control of Trade in
Endangered Species (Enforcement) Regulations 1997 (S.I. 1997/
351372) (purchase and sale etc of endangered species and provision
of false statement and certificates).

16N Inchoate offences

An offence of attempting or conspiring to commit an offence
specified or described in this Part of this Schedule.

16O Earlier offences

This Part of this Schedule has effect, in its application to conduct
before the coming into force of this Part, as if the offences
specified or described in this Part included any corresponding
5offences under the law in force at the time of the conduct.

16P Scope of offences

Where this Part of this Schedule refers to offences which are
offences under the law of Scotland and another country, the
reference is to be read as limited to the offences so far as they are
10offences under the law of Scotland.”

Section 50

SCHEDULE 2 Execution of search and seizure warrants

Persons who may execute warrant

1 (1) A search and seizure warrant may be executed by any police or customs
15officer.

(2) A search and seizure warrant may authorise persons to accompany any
police or customs officer who is executing it.

(3) A person authorised under sub-paragraph (2) has the same powers as the
police or customs officer whom he or she accompanies in respect of—

(a) 20the execution of the warrant;

(b) the seizure of anything to which the warrant relates.

But the person may exercise those powers only in the company, and under
the supervision, of a police or customs officer.

Warrant to be executed within 3 months

2 25Entry and search under a search and seizure warrant must be within 3
months from the date of its issue.

All-premises warrants

3 In the case of an all-premises warrant, premises that are not specified in the
warrant may be entered and searched only if a senior officer has authorised
30them to be entered.

Search of premises more than once

4 Premises may be entered or searched for the second or any subsequent time
under a search and seizure warrant authorising multiple entries only if a
senior officer has authorised that entry to the premises.

Time of search

5 Entry and search under a search and seizure warrant must be at a reasonable
hour unless it appears to the police or customs officer executing it that the
purpose of a search may be frustrated on an entry at a reasonable hour.

5Evidence of authority etc

6 (1) Where the occupier of premises to be entered and searched under a search
and seizure warrant is present at the time when a police or customs officer
seeks to execute the warrant, the police or customs officer—

(a) must identify himself or herself to the occupier and, if not a constable
10in uniform, must produce to the occupier documentary evidence that
he or she is a police or customs officer;

(b) must produce the warrant to the occupier;

(c) must supply the occupier with a copy of it.

(2) Where the occupier of premises to be entered and searched under a search
15and seizure warrant is not present at the time when a police or customs
officer seeks to execute the warrant—

(a) if some other person who appears to the officer to be in charge of the
premises is present, sub-paragraph (1) has effect as if a reference to
the occupier were a reference to that other person;

(b) 20if not, the officer must leave a copy of the warrant in a prominent
place on the premises.

Extent of search

7 A search under a search and seizure warrant may only be a search to the
extent required for the purpose for which the warrant was issued.

25Inspection of substances

8 Where a police or customs officer has power under section 53 to seize a
substance from premises, the officer or a person authorised under
paragraph 1(2) may inspect or test the substance on the premises with a view
to establishing whether or not it is a substance that is suitable for use as a
30drug-cutting agent.

Securing premises after entry

9 A police or customs officer who enters premises under a search and seizure
warrant must take reasonable steps to ensure that when the officer leaves the
premises they are as secure as they were before he or she entered.

35Endorsement of warrant

10 (1) A police or customs officer executing a search and seizure warrant must
make an endorsement on it—

(a) describing the substances, and any containers, that were seized, or

(b) stating that no substances were seized.

(2) 40Unless the warrant specifies one set of premises only, there must be a
separate endorsement under this paragraph identifying each set of premises
entered and searched.

Return and retention of warrant

11 (1) A search and seizure warrant must be returned to the appropriate person
(see sub-paragraph (2))—

(a) when the warrant has been executed, or

(b) 5on or before the expiry of the period of 3 months from the date of its
issue, if the warrant is—

(i) a specific-premises warrant that has not been executed,

(ii) an all-premises warrant, or

(iii) a warrant authorising multiple entries.

(2) 10The appropriate person is—

(a) in the case of a warrant issued in England and Wales, the designated
officer for the local justice area in which the justice of the peace was
acting when issuing the warrant;

(b) in the case of a warrant issued in Scotland, the sheriff clerk for the
15sheriff court in which the sheriff was sitting when the sheriff issued
the warrant;

(c) in the case of a warrant issued in Northern Ireland, the clerk of petty
sessions for the petty sessions district in which the lay magistrate
was acting when he or she issued the warrant.

(3) 20The appropriate person must retain a search and seizure warrant returned
under sub-paragraph (1) for 12 months from the date of its return.

(4) If during that period the occupier of premises to which the search and
seizure warrant relates asks to inspect it, he or she must be allowed to do so.

Interpretation etc

12 (1) 25In this Schedule—

• “all-premises warrant” and “specific-premises warrant” have the
  meaning given in section 48(3);

• “senior officer” means—

  (a)

  a police officer of at least the rank of inspector;

  (b)

  30a National Crime Agency officer of grade 3 or above.

(2) An authorisation under paragraph 3 or 4 must be in writing.

Section 63

SCHEDULE 3 Paedophile manuals: providers of information society services

Interpretation of this Schedule

1 (1) 35“Prohibited item” means an item within section 63(1).

(2) “Information society services”—

(a) has the meaning given in Article 2(a) of the E-Commerce Directive
(which refers to Article 1(2) of Directive 98/34/EC of the European
Parliament and of the Council of 22 June 1998 laying down a
40procedure for the provision of information in the field of technical
standards and regulations), and

(b) is summarised in recital 17 of the E-Commerce Directive as covering
“any service normally provided for remuneration, at a distance, by
means of electronic equipment for the processing (including digital
compression) and storage of data, and at the individual request of a
5recipient of a service”.

(3) “The E-Commerce Directive” means Directive 2000/31/EC of the European
Parliament and of the Council of 8 June 2000 on certain legal aspects of
information society services, in particular electronic commerce, in the
Internal Market (Directive on electronic commerce).

(4) 10“Recipient”, in relation to a service, means a person who, for professional
ends or otherwise, uses an information society service, in particular for the
purposes of seeking information or making it accessible.

(5) “Service provider” means a person providing an information society service.

(6) “Domestic service provider” means a service provider established in
15England and Wales or Northern Ireland.

(7) “Non-UK service provider” means a a service provider established in an
EEA state other than the United Kingdom.

(8) For the purposes of sub-paragraphs (6) and (7)—

(a) a service provider is established in a particular part of the United
20Kingdom, or in a particular EEA state, if the service provider—

(i) effectively pursues an economic activity using a fixed
establishment in that part of the United Kingdom, or that
EEA state, for an indefinite period, and

(ii) is a national of an EEA state or a company or firm mentioned
25in Article 54 of the Treaty on the Functioning of the European
Union;

(b) the presence or use in a particular place of equipment or other
technical means of providing an information society service does
not, of itself, constitute the establishment of a service provider;

(c) 30where it cannot be determined from which of a number of
establishments a given information society service is provided, that
service is to be regarded as provided from the establishment at the
centre of the service provider’s activities relating to that service.

Domestic service providers: extension of liability

2 (1) 35Section 63(1) applies to a domestic service provider who, in the course of
providing information society services, is in possession of a prohibited item
in an EEA state other than the United Kingdom (as well as to a person, of any
description, who is in possession of a prohibited item in England and Wales
or Northern Ireland).

(2) 40Proceedings for an offence under section 63(1), as it applies to a domestic
service provider by virtue of sub-paragraph (1), may be taken at any place
in England and Wales or Northern Ireland.

(3) Nothing in this paragraph affects the operation of any of paragraphs 4 to 6.