Serious Crime Bill (HL Bill 1)

Non-UK service providers: restriction on institution of proceedings

3 (1) Proceedings for an offence under section 63(1) may not be taken against a
non-UK service provider in respect of anything done in the course of the
provision of information society services unless the derogation condition is
5met.

(2) The derogation condition is that taking proceedings—

(a) is necessary for the purposes of the public interest objective,

(b) relates to an information society service that prejudices that objective
or presents a serious and grave risk of prejudice to that objective, and

(c) 10is proportionate to that objective.

(3) “The public interest objective” means the pursuit of public policy.

Exception for mere conduits

4 (1) A service provider does not commit an offence under section 63(1) by
providing access to a communication network or by transmitting, in a
15communication network, information provided by a recipient of the service,
if the service provider does not—

(a) initiate the transmission,

(b) select the recipient of the transmission, or

(c) select or modify the information contained in the transmission.

(2) 20For the purposes of sub-paragraph (1)—

(a) providing access to a communication network, and

(b) transmitting information in a communication network,

include the automatic, intermediate and transient storage of the information
transmitted so far as the storage is solely for the purpose of carrying out the
25transmission in the network.

(3) Sub-paragraph (2) does not apply if the information is stored for longer than
is reasonably necessary for the transmission.

Exception for caching

5 (1) A service provider does not commit an offence under section 63(1) by storing
30information provided by a recipient of the service for transmission in a
communication network if the first and second conditions are met.

(2) The first condition is that the storage of the information—

(a) is automatic, intermediate and temporary, and

(b) is solely for the purpose of making more efficient the onward
35transmission of the information to other recipients of the service at
their request.

(3) The second condition is that the service provider—

(a) does not modify the information,

(b) complies with any conditions attached to having access to the
40information, and

(c) if sub-paragraph (4) applies, promptly removes the information or
disables access to it.

(4) This sub-paragraph applies if the service provider obtains actual knowledge
that—

(a) the information at the initial source of the transmission has been
removed from the network,

(b) 5access to it has been disabled, or

(c) a court or administrative authority has ordered the removal from the
network of, or the disablement of access to, the information.

Exception for hosting

6 (1) A service provider does not commit an offence under section 63(1) by storing
10information provided by a recipient of the service if—

(a) the service provider had no actual knowledge when the information
was provided that it was, or contained, a prohibited item, or

(b) on obtaining actual knowledge that the information was, or
contained, a prohibited item, the service provider promptly removed
15the information or disabled access to it.

(2) Sub-paragraph (1) does not apply if the recipient of the service is acting
under the authority or control of the service provider.

Section 67

SCHEDULE 4 Minor and consequential amendments

20Criminal Appeal Act 1968 (c. 19)1968 (c. 19)

1 In section 50 of the Criminal Appeal Act 1968 (meaning of “sentence”), in
subsection (1), at the end of paragraph (ca) insert “(but not a determination
under section 10A of that Act)”.

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)1980 (c. 47)

2 25In section 30(3) of the Criminal Appeal (Northern Ireland) Act 1980
(meaning of “sentence”), at the end of paragraph (d) insert “(but not a
determination under section 160A of that Act)”.

Civil Jurisdiction and Judgments Act 1982 (c. 27)1982 (c. 27)

3 (1) In section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement
30of United Kingdom judgments in other parts of the United Kingdom), after
paragraph (c) of subsection (6A) insert—

“(d) an order under section 255H or 255I of that Act (order
relating to PPO receivers in connection with prohibitory
property order).”

(2) 35The power conferred by section 52(2) of that Act (power to extend to
Channel Islands, Isle of Man and British overseas territories) is exercisable
in relation to the amendment of that Act made by sub-paragraph (1).

Computer Misuse Act 1990 (c. 18)1990 (c. 18)

4 In each of the following provisions of the Computer Misuse Act 1990, for
“six” substitute “12”—

(a) section 1(3)(b);

(b) 5section 2(5)(b);

(c) section 3(6)(b);

(d) section 3A(5)(b).

5 In section 3A of that Act (making, supplying or obtaining articles for use in
an offence under section 1 or 3), in the heading, for “section 1 or 3” substitute
10“section 1, 3 or 3ZA”.

6 In section 4 of that Act (territorial scope of offences), in the heading, for
“sections 1 to 3” substitute “this Act”.

7 (1) Section 6 of that Act (territorial scope of inchoate offences) is amended as
follows.

(2) 15In the heading, for “sections 1 to 3” substitute “this Act”.

(3) In subsection (1), for “section 1, 2 or 3 above” substitute “this Act”.

(4) In subsection (2), for “section 3 above” substitute “this Act”.

8 (1) Section 9 of that Act (British citizenship immaterial) is amended as follows.

(2) In subsection (1), at the beginning insert “Except as provided by section
205(1A),”.

(3) In subsection (2)(a), for “section 1, 2 or 3 above” substitute “this Act”.

(4) In subsection (2)(c), for “section 3 above” substitute “this Act”.

9 In section 10 of that Act, for the heading substitute “Savings”.

Criminal Procedure (Scotland) Act 1995 (c. 46)1995 (c. 46)

10 25In section 108 of the Criminal Procedure (Scotland) Act 1995 (Lord
Advocate’s right of appeal against disposal), after paragraph (ca) of
subsection (1) insert—

“(cb) a decision under section 22A of the Serious Crime Act 2007
not to make a serious crime prevention order;”.

11 (1) 30Section 175 of that Act (right of appeal from summary proceedings) is
amended as follows.

(2) In subsection (4), after paragraph (ca) insert—

“(cb) a decision under section 22A of the Serious Crime Act 2007
not to make a serious crime prevention order;”.

(3) 35In subsection (4A)(b)(ii), for “or (ca)” substitute “, (ca) or (cb)”.

Proceeds of Crime Act 2002 (c. 29)2002 (c. 29)

12 In section 12 of the Proceeds of Crime Act 2002 (interest on unpaid sums), in
subsection (1)—

(a) for “the amount required to be paid” substitute “any amount
40required to be paid”;

(b) for “must pay interest on the amount” substitute “must pay interest
on that amount”.

13 In section 14 of that Act (postponement), after paragraph (c) of subsection
(12) insert—

“(ca) 5made an order under section 161A of the Criminal Justice Act
2003 (orders requiring payment of surcharge);”.

14 (1) Section 15 of that Act (effect of postponement) is amended as follows.

(2) In subsection (2)—

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

(b) 10after that paragraph insert—

“(ca) make an order for the payment of a surcharge under
section 161A of the Criminal Justice Act 2003, or”.

(3) In subsection (3)—

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

(b) 15after that paragraph insert—

“(ca) making an order for the payment of a surcharge
under section 161A of the Criminal Justice Act 2003,
or”.

15 (1) Section 19 of that Act (no order made: reconsideration of case) is amended
20as follows.

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

“(da) any order which has been made against the defendant in
respect of the offence (or any of the offences) concerned
under section 161A of the Criminal Justice Act 2003 (orders
25requiring payment of surcharge);”.

(3) In subsection (8), after “Sentencing Act” insert “, a surcharge under section
161A of the Criminal Justice Act 2003”.

16 (1) Section 20 of that Act (no order made: reconsideration of benefit) is amended
as follows.

(2) 30In subsection (11), after paragraph (d) insert—

“(da) any order which has been made against the defendant in
respect of the offence (or any of the offences) concerned
under section 161A of the Criminal Justice Act 2003 (orders
requiring payment of surcharge);”.

(3) 35In subsection (12), after “Sentencing Act” insert “, a surcharge under section
161A of the Criminal Justice Act 2003”.

17 (1) Section 21 of that Act (order made: reconsideration of benefit) is amended as
follows.

(2) In subsection (9), after paragraph (c) insert—

“(ca) 40any order which has been made against the defendant in
respect of the offence (or any of the offences) concerned
under section 161A of the Criminal Justice Act 2003 (orders
requiring payment of surcharge);”.

(3) In subsection (10), after “(9)(c)” insert “, (ca)”.

18 (1) Section 31 of that Act (appeal to Court of Appeal) is amended as follows.

(2) In the heading, after “prosecutor” insert “etc”.

(3) In subsection (3), after “by virtue of section” insert “10A,”.

19 In section 32 of that Act (Court of Appeal’s powers on appeal), in subsection
5(7), after “(compensation orders)” insert “, section 161A of the Criminal
Justice Act 2003 (orders requiring payment of surcharge)”.

20 In section 33 of that Act (appeal to Supreme Court), in subsection (9), after
“(compensation orders)” insert “, section 161A of the Criminal Justice Act
2003 (orders requiring payment of surcharge)”.

21 10In section 35 of that Act (enforcement as fines), in subsection (2), for “139(2)
to (4)” substitute “139(2), (3)”.

22 In section 41 of that Act (restraint orders), after subsection 7C (inserted by
section 11 above) insert—

“(7D) In considering whether to make an order under subsection (7), the
15court must, in particular, consider whether any restriction or
prohibition on the defendant’s travel outside the United Kingdom
ought to be imposed for the purpose mentioned in that subsection.”

23 (1) Section 42 of that Act (application, discharge and variation of restraint
orders) is amended as follows.

(2) 20In subsection (4), for “(7)” substitute “(8)”.

(3) For subsection (7) substitute—

“(7) If the condition in section 40 which was satisfied was that an
investigation was started—

(a) the court must discharge the order if within a reasonable time
25proceedings for the offence are not started;

(b) otherwise, the court must discharge the order on the
conclusion of the proceedings.

(8) If the condition in section 40 which was satisfied was that an
application was to be made—

(a) 30the court must discharge the order if within a reasonable time
the application is not made;

(b) otherwise, the court must discharge the order on the
conclusion of the application.”

24 In section 55 of that Act (sums received by designated officer), in subsection
35(5), for “an amount of compensation or all or part of an amount payable
under an unlawful profit order” substitute “an amount payable under a
priority order (or orders)”.

25 In section 89 of that Act (procedure on appeal to the Court of Appeal), in
subsection (4), before paragraph (a) insert—

“(za) 40section 31(4) (appeals against determinations under section
10A),”.

26 In section 162 of that Act (interest on unpaid sums), in subsection (1)—

(a) for “the amount required to be paid” substitute “any amount
required to be paid”;

(b) for “must pay interest on the amount” substitute “must pay interest
on that amount”.

27 (1) Section 181 of that Act (appeal to Court of Appeal) is amended as follows.

(2) In the heading, after “prosecutor” insert “etc”.

(3) 5In subsection (3), after “by virtue of section” insert “160A,”.

28 In section 185 of that Act (enforcement as fines), in subsection (2) omit “(2),”.

29 In section 190 of that Act (restraint orders), after subsection 7C (inserted by
section 31 above) insert—

“(7D) In considering whether to make an order under subsection (7), the
10court must, in particular, consider whether any restriction or
prohibition on the defendant’s travel outside the United Kingdom
ought to be imposed for the purpose mentioned in that subsection.”

30 (1) Section 191 of that Act (application, discharge and variation of restraint
orders) is amended as follows.

(2) 15In subsection (4), for “(7)” substitute “(8)”.

(3) For subsection (7) substitute—

“(7) If the condition in section 189 which was satisfied was that an
investigation was started—

(a) the court must discharge the order if within a reasonable time
20proceedings for the offence are not started;

(b) otherwise, the court must discharge the order on the
conclusion of the proceedings.

(8) If the condition in section 189 which was satisfied was that an
application was to be made—

(a) 25the court must discharge the order if within a reasonable time
the application is not made;

(b) otherwise, the court must discharge the order on the
conclusion of the application.”

31 In section 273 of that Act (payments in respect of rights under pension
30schemes), in subsection (4)(b), after “section 245E,” insert “PPO receiver,”.

32 In section 277 of that Act (consent orders: pensions), in subsection (7)(b),
after “section 245E,” insert “PPO receiver,”.

33 In section 316 of that Act (Part 5: general interpretation), in subsection (1), at
the appropriate place insert—

• 35““PPO receiver” has the meaning given by section 255H(2);”.

34 In section 341 of that Act (investigations), in subsection (1) omit “or” at the
end of paragraph (a).

35 In section 416 of that Act (other interpretative provisions), after subsection
(3) insert—

“(3A) 40The expressions “realisable property” and “confiscation order”—

(a) in the application of this Part to England and Wales, have the
same meanings as in Part 2;

(b) in the application of this Part to Scotland, have the same
meanings as in Part 3;

(c) in the application of this Part to Northern Ireland, have the
same meanings as in Part 4.”

36 (1) 5Section 459 of that Act (orders and regulations) is amended as follows.

(2) In subsection (4)(a)—

(a) after “section” insert “35(2C),”;

(b) before “75(7) or (8)” insert “67(7A),”.

(3) In subsection (7A)—

(a) 10after “section” insert “185(2B),”;

(b) before “223(7) or (8)” insert “215(7A),”.

37 In Schedule 10 to that Act, in paragraph 1 (disapplication of special income
tax and capital gains tax rules for receivers), after paragraph (d) insert—

“(da) a PPO receiver appointed under section 255H;”.

15Courts Act 2003 (c. 39)2003 (c. 39)

38 In Schedule 8 to the Courts Act 2003, omit paragraph 409 (which is spent as
a result of the amendment made by section 14(1)).

Sexual Offences Act 2003 (c. 42)2003 (c. 42)

39 (1) Schedule 3 to the Sexual Offences Act 2003 (sexual offences for purposes of
20Part 2 (notification requirements etc)) is amended as follows.

(2) After paragraph 35B insert—

“35C An offence under section 63 of the Serious Crime Act 2014
(possession of paedophile manual) if the offender—

(a) was 18 or over, or

(b) 25is sentenced in respect of the offence to imprisonment for a
term of at least 12 months.”

(3) After paragraph 92X insert—

“92Y An offence under section 63 of the Serious Crime Act 2014
(possession of paedophile manual) if the offender—

(a) 30was 18 or over, or

(b) is sentenced in respect of the offence to imprisonment for a
term of at least 12 months.”

Criminal Justice Act 2003 (c. 44)2003 (c. 44)

40 In Schedule 3 to the Criminal Justice Act 2003, omit paragraph 75(3) (which
35is spent as a result of the amendment made by section 9(1)).

Serious Organised Crime and Police Act 2005 (c. 15)2005 (c. 15)

41 In the Serious Organised Crime and Police Act 2005 omit sections 79 to 81
(financial reporting orders).

42 In section 175 of that Act (penalties for offences: transitional modification for
England and Wales), in the table in subsection (3) omit the entry for section
79(10)(a)(i).

43 (1) Section 179 of that Act (extent etc) is amended as follows.

(2) 5In subsection (3)(b), for “79” substitute “82.”

(3) In subsection (4)(a) omit “77 and”.

(4) In subsection (5)(b), for “79” substitute “82”.

(5) In subsection (6) omit paragraph (b).

Terrorism Act 2006 (c. 11)2006 (c. 11)

44 10In section 17 of the Terrorism Act 2006 (commission of offences abroad), in
subsection (2)(a)—

(a) omit “or 6”;

(b) omit “, instruction or training”.

Armed Forces Act 2006 (c. 52)2006 (c. 52)

45 15In Schedule 2 to the Armed Forces Act 2006 (which lists serious offences the
possible commission of which, if suspected, must be referred to a service
police force), in paragraph 12—

(a) after paragraph (ak) insert—

“(aka) an offence under section 3ZA of the Computer
20Misuse Act 1990 (unauthorised acts causing, or
creating risk of, serious damage);”;

(b) at the end insert—

“(ax) an offence under section 63 of the Serious Crime
Act 2014 (possession of paedophile manual).”

25Serious Crime Act 2007 (c. 27)2007 (c. 27)

46 In section 9 of the Serious Crime Act 2007 (right of third parties to make
representations), in subsection (4), for “or 21” substitute “, 21 or 22E”.

47 In section 16 of that Act (duration of orders), at the end insert—

“(7) Subsections (2) and (4)(b) have effect subject to section 22E.”

48 (1) 30Section 19 of that Act (orders by Crown Court on conviction) is amended as
follows.

(2) After subsection (2) insert—

“(2A) A court that makes an order by virtue of section (2) in the case of a
person who is already the subject of a serious crime prevention order
35in England and Wales must discharge the existing order.”

(3) After subsection (4) insert—

“(4A) A court that makes an order by virtue of section (4) in the case of a
person who is already the subject of a serious crime prevention order
in Northern Ireland must discharge the existing order.”

49 In section 21 of that Act (powers of Crown Court to vary orders on breach),
in the heading, after “vary” insert “or replace”.

50 In section 36 of that Act (proceedings in the Crown Court), in subsection (1),
for “or 21” substitute “, 21 or 22E”.

51 (1) 5Schedule 1 to that Act (serious offences) is amended as follows.

(2) In Part 1 (serious offences in England and Wales), after paragraph 13
insert—

“Organised crime

13A An offence under section 41 of the Serious Crime Act 2014
10(participating in activities of organised crime group).”

(3) In Part 2 (serious offences in Northern Ireland), for the heading before
paragraph 19 substitute—

“Firearms offences”.

52 In Part 2 of Schedule 3 to that Act (offences under particular enactments:
15England and Wales), after paragraph 38 insert—

“Serious Crime Act 2014

38A An offence under section 41 of the Serious Crime Act 2014
(participating in activities of organised crime group).”

Policing and Crime Act 2009 (c. 26)2009 (c. 26)

53 20In the Policing and Crime Act 2009, in the heading of Part 4, after “violence”
insert “and drug-dealing activity”.

54 In section 35 (contents of injunctions), in subsection (2)(e), after “violence”
insert “or drug-dealing activity”.

55 In section 49 (interpretation), at the appropriate place in subsection (1)
25insert—

• ““drug-dealing activity” has the meaning given by section
  34(7);”.

Crime and Security Act 2010 (c. 17)2010 (c. 17)

56 In the Crime and Security Act 2010 omit section 34 (which is spent as a result
30of the amendment made by section 47 above).

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)2012 (c. 10)

57 (1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act
2012 (civil legal services) is amended as follows.

(2) In the heading before paragraph 38, after “violence” insert “and drug-dealing
35activity”.

(3) In sub-paragraph (1) of that paragraph, after “violence” insert “and drug-
dealing activity”.

Prevention of Social Housing Fraud Act 2013 (c. 3)2013 (c. 3)

58 In the Schedule to the Prevention of Social Housing Fraud Act 2013
(consequential amendments), omit paragraphs 14 and 22 (which are spent as
a result of the amendments made by section 6 and paragraph 24 above).