Serious Organised Crime and Police Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Serious Organised Crime and Police Bill

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
1

A
Bill
To
Provide for the establishment and functions of the Serious Organised Crime
Agency; to make provision about investigations, prosecutions, offenders and
witnesses in criminal proceedings and the protection of persons involved in
investigations or proceedings; to provide for the implementation of certain
international obligations relating to criminal matters; to amend the Proceeds
of Crime Act 2002; to make further provision for combatting crime and
disorder, including new provision about powers of arrest and search
warrants; to make further provision about the police and policing and persons
supporting the police; to make provision about criminal records; to provide
for the Private Security Industry Act 2001 to extend to Scotland; and for
connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
The Serious Organised Crime Agency
Chapter 1
SOCA: establishment and activities
Establishment of SOCA
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1
Establishment of Serious Organised Crime Agency
(1)
There shall be a body corporate to be known as the Serious Organised Crime
Agency (“SOCA”).
(2)
Schedule 1 makes provision about the constitution, members and staff of
SOCA and other matters relating to it.
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Bill 5 53/4

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
2

(3)
Each of the following bodies shall cease to exist on such date as the Secretary
of State appoints by order—
(a)
the National Criminal Intelligence Service and its Service Authority,
and
(b)
the National Crime Squad and its Service Authority.
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Functions
2
Functions of SOCA as to serious organised crime
(1)
SOCA has the functions of—
(a)
preventing and detecting serious organised crime, and
(b)
contributing to the reduction of such crime in other ways and to the
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mitigation of its consequences.
(2)
SOCA’s functions under subsection (1) are exercisable subject to subsections
(3) to (5) (but subsection (3) does not apply to Scotland).
(3)
If, in exercising its function under subsection (1)(a), SOCA becomes aware of
conduct appearing to SOCA to involve serious or complex fraud, SOCA may
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thereafter exercise that function in relation to the fraud in question only—
(a)
with the agreement of the Director, or an authorised officer, of the
Serious Fraud Office, or
(b)
if the Serious Fraud Office declines to act in relation to it.
(4)
If, in exercising its function under subsection (1)(a), SOCA becomes aware of
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conduct appearing to SOCA to involve revenue fraud, SOCA may thereafter
exercise that function in relation to the fraud in question only with the
agreement of the Commissioners.
(5)
Before exercising its function under subsection (1)(b) in any way in relation to
revenue fraud, SOCA must consult the Commissioners.
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(6)
The issue of whether SOCA’s function under subsection (1)(a) continued to be
exercisable in any circumstances within subsection (3) or (4) may not be raised
in any criminal proceedings.
(7)
In this section “revenue fraud” includes fraud relating to taxes, duties and
national insurance contributions.
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(8)
In this Chapter “the Commissioners” means the Commissioners for Her
Majesty’s Revenue and Customs.
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Functions of SOCA as to information relating to crime
(1)
SOCA has the function of gathering, storing, analysing and disseminating
information relevant to—
35
(a)
the prevention, detection, investigation or prosecution of offences, or
(b)
the reduction of crime in other ways or the mitigation of its
consequences.
(2)
SOCA may disseminate such information to—
(a)
police forces within subsection (3),
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(b)
special police forces,
(c)
law enforcement agencies, or

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
3

(d)
such other persons as it considers appropriate in connection with any
of the matters mentioned in subsection (1)(a) or (b).
(3)
The police forces within this subsection are—
(a)
police forces in the United Kingdom, and
(b)
the States of Jersey Police Force, the salaried police force of the Island
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of Guernsey and the Isle of Man Constabulary.
(4)
In this section “law enforcement agency” means—
(a)
the Commissioners or any other government department,
(b)
the Scottish Administration,
(c)
any other person who is charged with the duty of investigating offences
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or charging offenders, or
(d)
any other person who is engaged outside the United Kingdom in the
carrying on of activities similar to any carried on by SOCA or a police
force.
(5)
In this Chapter “special police force” means—
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(a)
the Ministry of Defence Police,
(b)
the British Transport Police Force,
(c)
the Civil Nuclear Constabulary, or
(d)
the Scottish Drug Enforcement Agency.
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Exercise of functions: general considerations
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(1)
In exercising its functions SOCA must have regard to the matters mentioned in
subsection (2).
(2)
The matters are—
(a)
SOCA’s current annual plan under section 6 together with any
priorities determined by SOCA under that section that are specified in
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the plan,
(b)
any current strategic priorities determined by the Secretary of State
under section 9, and
(c)
any current performance targets established by SOCA (whether in
compliance with a direction under section 10 or otherwise).
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(3)
In exercising any function to which a code of practice under section 11 relates,
SOCA must have regard to the code.
General powers
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SOCA’s general powers
(1)
SOCA has the general powers conferred by this section.
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(2)
SOCA may—
(a)
institute criminal proceedings in England and Wales or Northern
Ireland;
(b)
at the request of the chief officer of a police force within section 3(3) or
of a special police force, act in support of any activities of that force;
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(c)
at the request of any law enforcement agency, act in support of any
activities of that agency;

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
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(d)
enter into other arrangements for co-operating with bodies or persons
(in the United Kingdom or elsewhere) which it considers appropriate
in connection with the exercise of any of SOCA’s functions under
section 2 or 3 or any activities within subsection (3).
(3)
Despite the references to serious organised crime in section 2(1), SOCA may
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carry on activities in relation to other crime if they are carried on for the
purposes of any of the functions conferred on SOCA by section 2 or 3.
(4)
Subsection (3) does not affect the generality of section 3(1).
(5)
SOCA may furnish such assistance as it considers appropriate in response to
requests made by any government or other body exercising functions of a
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public nature in any country or territory outside the United Kingdom.
(6)
Subsection (5) does not apply to any request for assistance which—
(a)
could be made under section 13 of the Crime (International Co-
operation) Act 2003 (c. 32) (requests by overseas authorities to obtain
evidence), and
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(b)
is not a request in relation to which SOCA has functions under that
section by virtue of an order under section 27(2) of that Act.
(7)
In this section “law enforcement agency” has the meaning given by section 3(4).
Annual plans and reports
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Annual plans
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(1)
Before the beginning of each financial year SOCA must issue a plan setting out
how SOCA intends to exercise its functions during that year (“the annual
plan”).
(2)
The annual plan must (in particular) set out how SOCA intends to exercise its
functions in Scotland and in Northern Ireland.
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(3)
The annual plan must also include a statement of—
(a)
any priorities which SOCA has determined for that year,
(b)
any current strategic priorities determined by the Secretary of State
under section 9, and
(c)
any current performance targets established by SOCA (whether in
30
compliance with a direction under section 10 or otherwise).
(4)
Any priorities within subsection (3)(a) may relate—
(a)
to matters to which strategic priorities determined under section 9 also
relate, or
(b)
to other matters,
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but in any event must be so framed as to be consistent with strategic priorities
determined under that section.
(5)
The annual plan must state, in relation to each priority within subsection (3)(a)
or (b), how SOCA intends to give effect to that priority.
(6)
SOCA must arrange for the annual plan to be published in such manner as it
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considers appropriate.
(7)
SOCA must send a copy of the annual plan to—
(a)
the Secretary of State,

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
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(b)
the Scottish Ministers,
(c)
the Commissioners,
(d)
each police authority for an area in Great Britain, each joint police board
and the Northern Ireland Policing Board,
(e)
the chief officer of each police force in the United Kingdom, and
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(f)
such other persons as SOCA considers appropriate.
(8)
In subsection (7)(d) the reference to a police authority for an area in Great
Britain does not include a constituent authority in an amalgamation scheme
approved under section 19(1) of the Police (Scotland) Act 1967 (c. 77).
(9)
Before issuing its annual plan for any financial year, SOCA must—
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(a)
consult the Scottish Ministers and agree with them what provision the
plan is to make for Scotland by virtue of subsection (2); and
(b)
consult such other persons as it considers appropriate.
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Annual reports
(1)
As soon as possible after the end of each financial year SOCA must issue a
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report on the exercise of its functions during that year (an “annual report”).
(2)
The annual report must include an assessment of the extent to which the
annual plan for that year under section 6 has been carried out.
(3)
SOCA must arrange for the annual report to be published in such manner as it
considers appropriate.
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(4)
SOCA must send a copy of the annual report to—
(a)
the Secretary of State,
(b)
the Scottish Ministers,
(c)
the Commissioners,
(d)
each police authority for an area in Great Britain, each joint police board
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and the Northern Ireland Policing Board,
(e)
the chief officer of each police force in the United Kingdom, and
(f)
such other persons as SOCA considers appropriate.
(5)
In subsection (4)(d) the reference to a police authority for an area in Great
Britain does not include a constituent authority in an amalgamation scheme
30
approved under section 19(1) of the Police (Scotland) Act 1967.
Central supervision and direction
8
General duty of Secretary of State and Scottish Ministers
The Secretary of State and the Scottish Ministers must exercise the powers
respectively conferred on him and them under this Chapter in such manner
35
and to such extent as appear to him and them to be best calculated to promote
the efficiency and effectiveness of SOCA.
9
Strategic priorities
(1)
The Secretary of State may determine strategic priorities for SOCA.
(2)
Before determining any such priorities the Secretary of State must consult—
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Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
6

(a)
SOCA,
(b)
the Scottish Ministers, and
(c)
such other persons as he considers appropriate.
(3)
The Secretary of State must arrange for any priorities determined under this
section to be published in such manner as he considers appropriate.
5
10
Performance targets
(1)
Where the Secretary of State has determined a strategic priority for SOCA
under section 9, he may direct SOCA to establish levels of performance
(“performance targets”) to be aimed at in seeking to give effect to that priority.
(2)
A direction given under this section may impose conditions with which
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performance targets must conform.
(3)
Before giving a direction under this section the Secretary of State must consult
the Scottish Ministers.
(4)
The Secretary of State must arrange for any direction given under this section
to be published in such manner as he considers appropriate.
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11
Codes of practice
(1)
The Secretary of State may issue codes of practice relating to the exercise by
SOCA of any of its functions.
(2)
The Secretary of State may from time to time revise the whole or any part of a
code of practice issued under this section.
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(3)
Before issuing or revising a code of practice issued under this section the
Secretary of State must consult—
(a)
SOCA,
(b)
the Scottish Ministers, and
(c)
such other persons as he considers appropriate.
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(4)
The Secretary of State must lay before Parliament—
(a)
any code of practice issued under this section, and
(b)
any revisions of such a code.
(5)
The Secretary of State—
(a)
is not required by subsection (4) to lay before Parliament, or
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(b)
may exclude from what he does lay before Parliament,

anything to which subsection (6) applies.
(6)
This subsection applies to anything the publication of which, in the opinion of
the Secretary of State—
(a)
would be against the interests of national security, or
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(b)
could prejudice the prevention or detection of crime or the
apprehension or prosecution of offenders, or
(c)
could jeopardise the safety of any person.
(7)
The Secretary of State must provide the Scottish Ministers with a copy of—
(a)
any code of practice issued under this section, or
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(b)
any revisions of such a code.