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 2 — Investigations, prosecutions, proceedings and proceeds of crime
Chapter 3 — Financial reporting orders
41

70
Financial reporting orders: making in Scotland
(1)
If the sheriff or the High Court convicts a person of an offence mentioned in
subsection (3), the sheriff or as the case may be the Court may also make a
financial reporting order in respect of him.
(2)
But he or it may do so only if satisfied that the risk of the person’s committing
5
another offence mentioned in subsection (3) is sufficiently high to justify the
making of a financial reporting order.
(3)
The offences are—
(a)
at common law, the offence of fraud,
(b)
any offence specified in Schedule 4 to the Proceeds of Crime Act 2002
10
(c. 29) (“lifestyle offences”: Scotland).
(4)
The Scottish Ministers may by order amend subsection (3) so as to remove an
offence from it or add an offence to it.
(5)
A financial reporting order—
(a)
comes into force when it is made, and
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(b)
has effect for the period specified in the order, beginning with the date
on which it is made.
(6)
If the order is made by the sheriff, the period referred to in subsection (5)(b)
must not exceed 5 years.
(7)
If the order is made by the High Court, that period must not exceed—
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(a)
if the person is sentenced to imprisonment for life, 20 years,
(b)
otherwise, 15 years.
71
Financial reporting orders: effect
(1)
A person in relation to whom a financial reporting order has effect must do the
following.
25
(2)
He must make a report, in respect of—
(a)
the period of a specified length beginning with the date on which the
order comes into force, and
(b)
each subsequent period of that length beginning immediately after the
end of the previous period.
30
(3)
He must set out in each report, in the specified manner, such particulars of his
financial affairs relating to the period in question as may be specified.
(4)
He must include any specified documents with each report.
(5)
He must make each report within the specified number of days after the end of
the period in question.
35
(6)
He must make each report to the specified person.
(7)
Rules of court may provide for the maximum length of the periods which may
be specified under subsection (2).
(8)
In this section, “specified” means specified by the court in the order.
(9)
In Scotland the specified person must be selected by the court from a list set out
40
in an order made for the purposes of this section by the Scottish Ministers.

Serious Organised Crime and Police Bill
Part 2 — Investigations, prosecutions, proceedings and proceeds of crime
Chapter 3 — Financial reporting orders
42

(10)
A person who without reasonable excuse includes false or misleading
information in a report, or otherwise fails to comply with any requirement of
this section, is guilty of an offence and is liable on summary conviction to—
(a)
imprisonment for a term not exceeding 51 weeks (or, in Scotland, 12
months), or
5
(b)
a fine not exceeding level 5 on the standard scale,

or to both.
72
Financial reporting orders: variation and revocation
(1)
An application for variation or revocation of a financial reporting order may be
made by—
10
(a)
the person in respect of whom it has been made,
(b)
the person to whom reports are to be made under it (see section 71(6)).
(2)
The application must be made to the court which made the order.
(3)
But if the order was made on appeal, the application must be made to the court
which originally convicted the person in respect of whom the order was made.
15
(4)
If (in either case) that court was a magistrates’ court, the application may be
made to any magistrates’ court acting in the same local justice area as that
court.
(5)
Subsection (4) does not apply to Scotland.
73
Financial reporting orders: verification and disclosure
20
(1)
In this section, “the specified person” means the person to whom reports under
a financial reporting order are to be made.
(2)
The specified person may, for the purpose of doing either of the things
mentioned in subsection (4), disclose a report to any person who he reasonably
believes may be able to contribute to doing either of those things.
25
(3)
Any other person may disclose information to—
(a)
the specified person, or
(b)
a person to whom the specified person has disclosed a report,

for the purpose of contributing to doing either of the things mentioned in
subsection (4).
30
(4)
The things mentioned in subsections (2) and (3) are—
(a)
checking the accuracy of the report or of any other report made
pursuant to the same order,
(b)
discovering the true position.
(5)
The specified person may also disclose a report for the purposes of—
35
(a)
the prevention, detection, investigation or prosecution of criminal
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
40
the United Kingdom.
(6)
A disclosure under this section does not breach—

Serious Organised Crime and Police Bill
Part 2 — Investigations, prosecutions, proceedings and proceeds of crime
Chapter 4 — Protection of witnesses and other persons
43

(a)
any obligation of confidence owed by the person making the
disclosure, or
(b)
any other restriction on the disclosure of information (however
imposed).
(7)
But nothing in this section authorises a disclosure, in contravention of any
5
provisions of the Data Protection Act 1998 (c. 29), of personal data which are
not exempt from those provisions.
(8)
In this section, references to a report include any of its contents, any document
included with the report, or any of the contents of such a document.
Chapter 4
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Protection of witnesses and other persons
74
Protection of persons involved in investigations or proceedings
(1)
A protection provider may make such arrangements as he considers
appropriate for the purpose of protecting a person of a description specified in
Schedule 5 if—
15
(a)
the protection provider considers that the person’s safety is at risk by
virtue of his being a person of a description so specified, and
(b)
the person is ordinarily resident in the United Kingdom.
(2)
A protection provider may vary or cancel any arrangements made by him
under subsection (1) if he considers it appropriate to do so.
20
(3)
If a protection provider makes arrangements under subsection (1) or cancels
arrangements made under that subsection, he must record that he has done so.
(4)
In determining whether to make arrangements under subsection (1), or to vary
or cancel arrangements made under that subsection, a protection provider
must, in particular, have regard to—
25
(a)
the nature and extent of the risk to the person’s safety,
(b)
the cost of the arrangements,
(c)
the likelihood that the person, and any person associated with him, will
be able to adjust to any change in their circumstances which may arise
from the making of the arrangements or from their variation or
30
cancellation (as the case may be), and
(d)
if the person is or might be a witness in legal proceedings (whether or
not in the United Kingdom), the nature of the proceedings and the
importance of his being a witness in those proceedings.
(5)
A protection provider is—
35
(a)
a chief officer of a police force in England and Wales;
(b)
a chief constable of a police force in Scotland;
(c)
the Chief Constable of the Police Service of Northern Ireland;
(d)
the Director General of SOCA;
(e)
any of the Commissioners for Her Majesty’s Revenue and Customs;
40
(f)
the Director of the Scottish Drug Enforcement Agency;
(g)
a person designated by a person mentioned in any of the preceding
paragraphs to exercise his functions under this section.

Serious Organised Crime and Police Bill
Part 2 — Investigations, prosecutions, proceedings and proceeds of crime
Chapter 4 — Protection of witnesses and other persons
44

(6)
The Secretary of State may, after consulting the Scottish Ministers, by order
amend Schedule 5 so as to add, modify or omit any entry.
(7)
Nothing in this section affects any power which a person has (otherwise than
by virtue of this section) to make arrangements for the protection of another
person.
5
75
Joint arrangements
(1)
Arrangements may be made under section 74(1) by two or more protection
providers acting jointly.
(2)
If arrangements are made jointly by virtue of subsection (1), any powers
conferred on a protection provider by this Chapter are exercisable in relation
10
to the arrangements by—
(a)
all of the protection providers acting together, or
(b)
one of the protection providers, or some of the protection providers
acting together, with the agreement of the others.
(3)
Nothing in this section or in section 76 affects any power which a protection
15
provider has to request or obtain assistance from another protection provider.
76
Transfer of responsibility to other protection provider
(1)
A protection provider who makes arrangements under section 74(1) may agree
with another protection provider that, as from a date specified in the
agreement—
20
(a)
the protection provider will cease to discharge any responsibilities
which he has in relation to the arrangements, and
(b)
the other protection provider will discharge those responsibilities
instead.
(2)
Any such agreement may include provision for the making of payments in
25
respect of any costs incurred or likely to be incurred in consequence of the
agreement.
(3)
If an agreement is made under subsection (1), any powers conferred on a
protection provider by this Chapter (including the power conferred by
subsection (1)) are, as from the date specified in the agreement, exercisable by
30
the other protection provider as if he had made the arrangements under
section 74(1).
(4)
Each protection provider who makes an agreement under subsection (1) must
record that he has done so.
77
Duty to assist protection providers
35
(1)
This section applies if a protection provider requests assistance from a public
authority in connection with the making of arrangements under section 74(1)
or the implementation, variation or cancellation of such arrangements.
(2)
The public authority must take reasonable steps to provide the assistance
requested.
40
(3)
“Public authority” includes any person certain of whose functions are of a
public nature but does not include—

Serious Organised Crime and Police Bill
Part 2 — Investigations, prosecutions, proceedings and proceeds of crime
Chapter 4 — Protection of witnesses and other persons
45

(a)
a court or tribunal,
(b)
either House of Parliament or a person exercising functions in
connection with proceedings in Parliament, or
(c)
the Scottish Parliament or a person exercising functions in connection
with proceedings in the Scottish Parliament.
5
78
Offence of disclosing information about protection arrangements
(1)
A person commits an offence if—
(a)
he discloses information which relates to the making of arrangements
under section 74(1) or to the implementation, variation or cancellation
of such arrangements, and
10
(b)
he knows or suspects that the information relates to the making of such
arrangements or to their implementation, variation or cancellation.
(2)
A person who commits an offence under this section is liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding
two years, to a fine or to both;
15
(b)
on summary conviction, to imprisonment for a term not exceeding 12
months, to a fine not exceeding the statutory maximum or to both.
(3)
In the application of this section to Scotland or Northern Ireland, the reference
in subsection (2)(b) to 12 months is to be read as a reference to 6 months.
79
Defences to liability under section 78
20
(1)
A person (P) is not guilty of an offence under section 78 if—
(a)
at the time when P disclosed the information, he was or had been a
protected person,
(b)
the information related only to arrangements made for the protection
of P or for the protection of P and a person associated with him, and
25
(c)
at the time when P disclosed the information, it was not likely that its
disclosure would endanger the safety of any of the persons mentioned
in subsection (3).
(2)
A person (D) is not guilty of an offence under section 78 if—
(a)
D disclosed the information with the agreement of a person (P) who, at
30
the time the information was disclosed, was or had been a protected
person,
(b)
the information related only to arrangements made for the protection
of P or for the protection of P and a person associated with him, and
(c)
at the time when D disclosed the information, it was not likely that its
35
disclosure would endanger the safety of any of the persons mentioned
in subsection (3).
(3)
The persons mentioned in this subsection are—
(a)
P;
(b)
a person associated with P (whether or not he was or had been a
40
protected person);
(c)
a person (other than a person mentioned in paragraph (a) or (b)) who
was or had been a protected person.

Serious Organised Crime and Police Bill
Part 2 — Investigations, prosecutions, proceedings and proceeds of crime
Chapter 4 — Protection of witnesses and other persons
46

(4)
A person is not guilty of an offence under section 78 if he disclosed the
information for the purposes of safeguarding national security or for the
purposes of the prevention, detection or investigation of crime.
(5)
A person is not guilty of an offence under section 78 if—
(a)
at the time when he disclosed the information, he was a protection
5
provider or involved in the making of arrangements under section
74(1) or in the implementation, variation or cancellation of such
arrangements, and
(b)
he disclosed the information for the purposes of the making,
implementation, variation or cancellation of such arrangements.
10
(6)
The Secretary of State may by order make provision prescribing circumstances
in which a person who discloses information as mentioned in section 78(1) is
not guilty in England and Wales or in Northern Ireland of an offence under that
section.
(7)
The Scottish Ministers may by order make provision prescribing circumstances
15
in which a person who discloses information as mentioned in section 78(1) is
not guilty in Scotland of an offence under that section.
(8)
If sufficient evidence is adduced to raise an issue with respect to a defence
under or by virtue of this section, the court or jury must assume that the
defence is satisfied unless the prosecution proves beyond reasonable doubt
20
that it is not.
80
Offences of disclosing information relating to persons assuming new identity
(1)
A person (P) commits an offence if—
(a)
P is or has been a protected person,
(b)
P assumed a new identity in pursuance of arrangements made under
25
section 74(1),
(c)
P discloses information which indicates that he assumed, or might have
assumed, a new identity, and
(d)
P knows or suspects that the information disclosed by him indicates
that he assumed, or might have assumed, a new identity.
30
(2)
A person (D) commits an offence if—
(a)
D discloses information which relates to a person (P) who is or has been
a protected person,
(b)
P assumed a new identity in pursuance of arrangements made under
section 74(1),
35
(c)
the information disclosed by D indicates that P assumed, or might have
assumed, a new identity, and
(d)
D knows or suspects—
(i)
that P is or has been a protected person, and
(ii)
that the information disclosed by D indicates that P assumed, or
40
might have assumed, a new identity.
(3)
A person who commits an offence under this section is liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding
two years, to a fine or to both;
(b)
on summary conviction, to imprisonment for a term not exceeding 12
45
months, to a fine not exceeding the statutory maximum or to both.

Serious Organised Crime and Police Bill
Part 2 — Investigations, prosecutions, proceedings and proceeds of crime
Chapter 4 — Protection of witnesses and other persons
47

(4)
In the application of this section to Scotland or Northern Ireland, the reference
in subsection (3)(b) to 12 months is to be read as a reference to 6 months.
81
Defences to liability under section 80
(1)
P is not guilty of an offence under section 80(1) if, at the time when he disclosed
the information, it was not likely that its disclosure would endanger the safety
5
of any of the persons mentioned in subsection (3).
(2)
D is not guilty of an offence under section 80(2) if—
(a)
D disclosed the information with the agreement of P, and
(b)
at the time when D disclosed the information, it was not likely that its
disclosure would endanger the safety of any of the persons mentioned
10
in subsection (3).
(3)
The persons mentioned in this subsection are—
(a)
P;
(b)
a person associated with P (whether or not he was or had been a
protected person);
15
(c)
a person (other than a person mentioned in paragraph (a) or (b)) who
was or had been a protected person.
(4)
D is not guilty of an offence under section 80(2) if he disclosed the information
for the purposes of safeguarding national security or for the purposes of the
prevention, detection or investigation of crime.
20
(5)
D is not guilty of an offence under section 80(2) if—
(a)
at the time when he disclosed the information, he was a protection
provider or involved in the making of arrangements under section
74(1) or in the implementation, variation or cancellation of such
arrangements, and
25
(b)
he disclosed the information for the purposes of the making,
implementation, variation or cancellation of such arrangements.
(6)
The Secretary of State may by order make provision prescribing circumstances
in which a person who discloses information as mentioned in subsection (1) or
(2) of section 80 is not guilty in England and Wales or in Northern Ireland of an
30
offence under that subsection.
(7)
The Scottish Ministers may by order make provision prescribing circumstances
in which a person who discloses information as mentioned in subsection (1) or
(2) of section 80 is not guilty in Scotland of an offence under that subsection.
(8)
If sufficient evidence is adduced to raise an issue with respect to a defence
35
under or by virtue of this section, the court or jury must assume that the
defence is satisfied unless the prosecution proves beyond reasonable doubt
that it is not.
82
Protection from liability
(1)
This section applies if—
40
(a)
arrangements are made for the protection of a person under section
74(1), and
(b)
the protected person assumes a new identity in pursuance of the
arrangements.