Serious Organised Crime and Police Bill

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House of Commons

Session 2004 - 05
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Serious Organised Crime and Police Bill

Serious Organised Crime and Police Bill

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Home Office, are published separately
as Bill 5—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Mr Secretary Blunkett has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Serious Organised Crime and Police Bill are
compatible with the Convention rights.

Bill 5
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Serious Organised Crime and Police Bill

Bill 5
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Serious Organised Crime and Police Bill

Contents
Part 1
The Serious Organised Crime Agency
Chapter 1
SOCA: establishment and activities
Establishment of SOCA
1
Establishment of Serious Organised Crime Agency
Functions
2
Functions of SOCA as to serious organised crime
3
Functions of SOCA as to information relating to crime
4
Exercise of functions: general considerations
General powers
5
SOCA’s general powers
Annual plans and reports
6
Annual plans
7
Annual reports
Central supervision and direction
8
General duty of Secretary of State and Scottish Ministers
9
Strategic priorities
10
Performance targets
11
Codes of practice
12
Reports to Secretary of State
13
Power to direct submission of action plan
14
Revision of inadequate action plan
15
Procedure for giving directions under section 13
16
Reports relating to directions under section 13
17
Inspections

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Financial provisions
18
Grants by Secretary of State
19
Determinations relating to grants under section 18
20
Charges by SOCA and other receipts
21
Accounts
Operational matters
22
Operational responsibility of Director General
23
Activities in Scotland in relation to crime
24
Mutual assistance between SOCA and law enforcement agencies: voluntary
arrangements
25
Mutual assistance between SOCA and law enforcement agencies: directed
arrangements
26
Use by SOCA of police premises etc.
27
Regulations as to equipment
28
Liability of SOCA for acts of seconded staff
29
Payment by SOCA of amounts in connection with unlawful conduct of
employees etc.
30
Application of sections 28 and 29 to members of joint investigation teams
Use and disclosure of information
31
Use of information by SOCA
32
Disclosure of information by SOCA
33
Disclosure of information to SOCA
34
Disclosure of police information to SOCA
Miscellaneous and supplementary
35
General duty on police etc. to assist SOCA
36
Directions
37
Interpretation of Chapter 1
Chapter 2
SOCA: special powers of designated staff
Designations
38
Designation of SOCA staff as persons having powers of constable etc.
39
Delegation of power to designate
40
Modification or withdrawal of designations
Powers exercisable
41
Person having powers of a constable
42
Person having powers of constable: Scotland and Northern Ireland
43
Person having customs powers
44
Person having powers of an immigration officer
Exercise of powers
45
Designations: supplementary

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46
Assaults, obstruction or deception in connection with designations
Supplementary
47
Modification of enactments
48
Employment provisions
49
Interpretation of Chapter 2
Chapter 3
SOCA: Miscellaneous and supplementary
Complaints and misconduct
50
Complaints and misconduct
Joint investigation teams
51
Assaults or obstruction in connection with joint investigation teams
Transfers
52
Transfers to SOCA
Amendments
53
Minor and consequential amendments relating to SOCA
Part 2
Investigations, prosecutions, proceedings and proceeds of crime
Chapter 1
Investigatory powers of DPP, etc.
Introductory
54
Investigatory powers of DPP etc.
55
Offences to which this Chapter applies
Disclosure notices
56
Disclosure notices
57
Production of documents
58
Restrictions on requiring information etc.
59
Restrictions on use of statements
Enforcement
60
Power to enter and seize documents
61
Offences in connection with disclosure notices or search warrants

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Supplementary
62
Procedure applicable to search warrants
63
Manner in which disclosure notice may be given
64
Interpretation of Chapter 1
Chapter 2
Offenders assisting investigations and prosecutions
65
Assistance by offender: immunity from prosecution
66
Assistance by offender: undertakings as to use of evidence
67
Assistance by defendant: reduction in sentence
68
Assistance by defendant: review of sentence
Chapter 3
Financial reporting orders
69
Financial reporting orders: making
70
Financial reporting orders: making in Scotland
71
Financial reporting orders: effect
72
Financial reporting orders: variation and revocation
73
Financial reporting orders: verification and disclosure
Chapter 4
Protection of witnesses and other persons
74
Protection of persons involved in investigations or proceedings
75
Joint arrangements
76
Transfer of responsibility to other protection provider
77
Duty to assist protection providers
78
Offence of disclosing information about protection arrangements
79
Defences to liability under section 78
80
Offences of disclosing information relating to persons assuming new identity
81
Defences to liability under section 80
82
Protection from liability
83
Transitional provision
84
Transitional provision: supplemental
85
Provision of information
86
Interpretation
Chapter 5
International obligations
87
Enforcement of overseas forfeiture orders
88
Mutual assistance in freezing property or evidence
Chapter 6
Proceeds of crime
89
Confiscation orders by magistrates’ courts

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90
Civil recovery: freezing orders
91
Civil recovery: interim receivers’ expenses etc.
92
Detention of seized cash: meaning of “48 hours”
93
Appeal in proceedings for forfeiture of cash
94
Money laundering: defence where overseas conduct is legal under local law
95
Money laundering: threshold amounts
96
Money laundering: disclosures to identify persons and property
97
Money laundering: form and manner of disclosures
98
Money laundering: miscellaneous amendments
99
Money laundering offences
100
International co-operation
Part 3
Police powers etc.
Powers of arrest
101
Powers of arrest
102
Powers of arrest: supplementary
Exclusion zones
103
Power to direct a person to leave a place
Search warrants
104
Search warrants: premises
105
Search warrants: other amendments
Fireworks
106
Power to stop and search for prohibited fireworks
Photographing of suspects etc.
107
Photographing of suspects etc.
Fingerprints and footwear impressions
108
Fingerprints
109
Impressions of footwear
Intimate samples
110
Intimate samples
Custody officers
111
Staff custody officers: designation
112
Custody officers: amendments to PACE

© Parliamentary copyright 2004
Revised 24 November 2004