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
17

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Payment by SOCA of amounts in connection with unlawful conduct of
employees etc.
(1)
SOCA may, in such cases and to such extent as appear to it to be appropriate,
pay—
(a)
any damages or costs awarded against a person to whom this section
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applies in proceedings for any unlawful conduct of that person;
(b)
any costs (or, in Scotland, expenses) incurred and not recovered by
such a person in such proceedings; and
(c)
any sum required in connection with the settlement of a claim that has,
or might have, given rise to such proceedings.
10
(2)
This section applies to—
(a)
any person who is employed by SOCA, and
(b)
any constable or other person who has been seconded to SOCA to serve
as a member of its staff.
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Application of sections 28 and 29 to members of joint investigation teams
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(1)
Subsection (2) applies where an international joint investigation team has been
formed under the leadership of a member of SOCA’s staff.
(2)
In such a case—
(a)
section 28 has effect in relation to any member of that team who is not
a member of SOCA’s staff as if any unlawful conduct in the carrying
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out, or purported carrying out, of his functions as a member of the team
were unlawful conduct of a seconded person within the meaning of
that section; and
(b)
section 29(1) has effect as if it applied to every member of the team to
whom it would not apply apart from this subsection.
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(3)
Subsection (4) applies where a person (“the relevant person”) is carrying out
surveillance under section 76A of the Regulation of Investigatory Powers Act
2000 (c. 23) (foreign surveillance operations).
(4)
In such a case—
(a)
section 28 has effect as if any unlawful conduct of the relevant person
30
in the course of carrying out the surveillance were unlawful conduct of
a seconded person within the meaning of that section; and
(b)
section 29(1) has effect as if it applied to the relevant person.
(5)
In this section “international joint investigation team” means any investigation
team formed in accordance with—
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(a)
any framework decision on joint investigation teams adopted under
Article 34 of the Treaty on European Union;
(b)
the Convention on Mutual Assistance in Criminal Matters between the
Member States of the European Union and the Protocol to that
Convention established in accordance with that Article of the Treaty; or
40
(c)
any international agreement to which the United Kingdom is a party
and which is specified in an order made by the Secretary of State.
(6)
Where—
(a)
a sum is paid by SOCA by virtue of this section, and

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
18

(b)
the Secretary of State receives under any international agreement a sum
by way of reimbursement (in whole or in part) of the sum paid by
SOCA,

he must pay to SOCA the sum received by him by way of reimbursement.
Use and disclosure of information
5
31
Use of information by SOCA
Information obtained by SOCA in connection with the exercise of any of its
functions may be used by SOCA in connection with the exercise of any of its
other functions.
32
Disclosure of information by SOCA
10
(1)
Information obtained by SOCA in connection with the exercise of any of its
functions may be disclosed by SOCA if the disclosure is for any permitted
purposes.
(2)
“Permitted purposes” means the purposes of any of the following—
(a)
the prevention, detection, investigation or prosecution of criminal
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offences, whether in the United Kingdom or elsewhere;
(b)
the 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;
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(c)
the exercise of any function conferred on SOCA by section 2, 3 or 5 (so
far as not falling within paragraph (a) or (b));
(d)
the exercise of any functions of any intelligence service within the
meaning of the Regulation of Investigatory Powers Act 2000 (c. 23);
(e)
the exercise of any functions under Part 2 of the Football Spectators Act
25
1989 (c. 37);
(f)
the exercise of any function which appears to the Secretary of State to
be a function of a public nature and which he designates by order.
(3)
A disclosure under this section does not breach—
(a)
any obligation of confidence owed by the person making the
30
disclosure, or
(b)
any other restriction on the disclosure of information (however
imposed).
(4)
But nothing in this section authorises—
(a)
a disclosure, in contravention of any provisions of the Data Protection
35
Act 1998 (c. 29), of personal data which are not exempt from those
provisions, or
(b)
a disclosure which is prohibited by Part 1 of the Regulation of
Investigatory Powers Act 2000.
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Disclosure of information to SOCA
40
(1)
Any person may disclose information to SOCA if the disclosure is made for the
purposes of the exercise by SOCA of any of its functions.
(2)
A disclosure under this section does not breach—

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
19

(a)
any obligation of confidence owed by the person making the
disclosure, or
(b)
any other restriction on the disclosure of information (however
imposed).
(3)
But nothing in this section authorises—
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(a)
a disclosure, in contravention of any provisions of the Data Protection
Act 1998 (c. 29), of personal data which are not exempt from those
provisions, or
(b)
a disclosure which is prohibited by Part 1 of the Regulation of
Investigatory Powers Act 2000 (c. 23).
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(4)
Information may not be disclosed under subsection (1) on behalf of the
Commissioners unless the disclosure is authorised by the Commissioners or by
an authorised officer of theirs.
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Disclosure of police information to SOCA
(1)
The chief officer of a police force in Great Britain must keep SOCA informed of
15
any information relating to crime in his police area that appears to him to be
likely to be relevant to the exercise by SOCA of any of its functions.
(2)
The Chief Constable of the Police Service of Northern Ireland has a
corresponding duty in relation to crime in Northern Ireland.
Miscellaneous and supplementary
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General duty on police etc. to assist SOCA
(1)
It is the duty of every person to whom this section applies to assist SOCA in the
exercise of its functions in relation to serious organised crime.
(2)
This section applies to—
(a)
any constable,
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(b)
any officer of Revenue and Customs, and
(c)
any member of Her Majesty’s armed forces or Her Majesty’s
coastguard.
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Directions
Any person to whom a direction is given by the Secretary of State under this
30
Chapter must comply with the direction.
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Interpretation of Chapter 1
(1)
In this Chapter—
“chief officer” means—
(a)
in relation to a police force in England and Wales, the chief
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officer of police,
(b)
in relation to a police force in Scotland, the chief constable,
(c)
in relation to the Police Service of Northern Ireland or the Police
Service of Northern Ireland Reserve, the Chief Constable of the
Police Service of Northern Ireland;
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Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 2 — SOCA: special powers of designated staff
20

(d)
in relation to the States of Jersey Police Force or the salaried
police force of the Island of Guernsey, the chief officer of that
force;
(e)
in relation to the Isle of Man Constabulary, the chief constable;
(f)
in relation to a special police force mentioned in section 3(5)(a),
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(b) or (c), the Chief Constable;
(g)
in relation to the Scottish Drug Enforcement Agency, the
Director of that Agency;
“the Commissioners” has the meaning given by section 2(8);
“constable”, in relation to Northern Ireland, means a member of the Police
10
Service of Northern Ireland or the Police Service of Northern Ireland
Reserve;
“financial year”, in relation to SOCA, means—
(a)
the period beginning with the date on which SOCA is
established and ending with the following 31st March, and
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(b)
each successive period of 12 months ending with 31st March;
“functions” includes powers and duties;
“government department” includes a Northern Ireland department;
“joint police board” has the same meaning as in the Police (Scotland) Act
1967 (c. 77);
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“police force” means (unless the context otherwise requires)—
(a)
a police force in England, Wales or Scotland, or
(b)
the Police Service of Northern Ireland or the Police Service of
Northern Ireland Reserve;
“special police force” has the meaning given by section 3(5).
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(2)
In this Chapter—
(a)
“the Scottish Drug Enforcement Agency” means the organisation
known by that name and established under section 36(1)(a)(ii) of the
Police (Scotland) Act 1967; and
(b)
“the Director” of that Agency means the person engaged on central
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service (as defined by section 38(5) of that Act) and for the time being
appointed by the Scottish Ministers to exercise control in relation to the
activities carried out in the exercise of the Agency’s functions.
(3)
Section 81(5) of the Regulation of Investigatory Powers Act 2000 (c. 23)
(meaning of “prevention” and “detection”) applies for the purposes of this
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Chapter as it applies for the purposes of the provisions of that Act not
contained in Chapter 1 of Part 1.
Chapter 2
SOCA: special powers of designated staff
Designations
40
38
Designation of SOCA staff as persons having powers of constable etc.
(1)
The Director General of SOCA may designate a member of the staff of SOCA
as one or more of the following—
(a)
a person having the powers of a constable;

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 2 — SOCA: special powers of designated staff
21

(b)
a person having the customs powers of an officer of Revenue and
Customs;
(c)
a person having the powers of an immigration officer.
(2)
A designation under this section—
(a)
may be made subject to any limitations specified in the designation
5
(whether as to the powers exercisable by virtue of it, the purposes for
which they are exercisable or otherwise); and
(b)
has effect either for a period so specified or without limit of time.
(3)
Subsection (2) applies subject to any modification or withdrawal of the
designation under section 40.
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(4)
A member of SOCA’s staff may be designated as a person having the powers
mentioned in any of paragraphs (a) to (c) of subsection (1) whether or not—
(a)
he already has (for any reason) any powers falling within any of those
paragraphs, or
(b)
he had any such powers before becoming a member of SOCA’s staff.
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(5)
Where an employee of SOCA—
(a)
before becoming such an employee, held an office by virtue of which he
had any powers falling within subsection (1)(a), (b) or (c), and
(b)
has not resigned that office,

that office is to be treated as suspended so long as he remains in SOCA’s
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employment, and revives if (and only if) on ceasing to be so employed he
returns to service as the holder of that office.
(6)
References in this section to the powers of a constable, the customs powers of
an officer of Revenue and Customs or the powers of an immigration officer are
to be read in accordance with sections 41 to 44.
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39
Delegation of power to designate
(1)
The Director General of SOCA may, to such extent as he may specify, delegate
the power to make designations under section 38 to an employee of SOCA at
the prescribed level.
(2)
“At the prescribed level” means employed in a grade or on a pay scale not
30
lower than that specified in an order made by the Secretary of State.
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Modification or withdrawal of designations
(1)
The Director General of SOCA may at any time modify or withdraw a
designation made under section 38 by giving a notice to that effect to the
designated person.
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(2)
An employee of SOCA by whom the power to make designations under
section 38 is exercisable by virtue of section 39 may at any time modify or
withdraw a relevant designation by giving a notice to that effect to the
designated person.
(3)
For the purposes of this section “a relevant designation”, in relation to such an
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employee, means a designation of a kind that the employee is authorised to
make by virtue of section 39.