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 2 — SOCA: special powers of designated staff
27

(6)
In this section “immigration officer” means a person who is an immigration
officer within the meaning of the Immigration Act 1971 (c. 77).
Exercise of powers
48
Designations: supplementary
(1)
If a designated person—
5
(a)
exercises any power in relation to another person in reliance on his
designation under section 41, or
(b)
purports to do so,

he must produce evidence of his designation to the other person if requested
to do so.
10
(2)
A failure to comply with subsection (1) does not make the exercise of the power
invalid.
(3)
For the purpose of determining liability for the unlawful conduct of members
of SOCA’s staff, any conduct by a designated person in reliance, or purported
reliance, on his designation is to be taken to be—
15
(a)
if he is employed by SOCA, conduct in the course of his employment,
or
(b)
if he is a person to whom section 29 applies by virtue of subsection
(3)(a) of that section, conduct falling within subsection (1) of that
section.
20
(4)
In the case of any unlawful conduct within subsection (3) which is a tort, SOCA
is accordingly to be treated as a joint tortfeasor.
This subsection does not apply to Scotland.
49
Assaults, obstruction or deception in connection with designations
(1)
A person commits an offence if he assaults—
25
(a)
a designated person acting in the exercise of a relevant power, or
(b)
a person who is assisting a designated person in the exercise of such a
power.
(2)
A person commits an offence if he resists or wilfully obstructs—
(a)
a designated person acting in the exercise of a relevant power, or
30
(b)
a person who is assisting a designated person in the exercise of such a
power.
(3)
A person commits an offence if, with intent to deceive—
(a)
he impersonates a designated person,
(b)
he makes any statement or does any act calculated falsely to suggest
35
that he is a designated person, or
(c)
he makes any statement or does any act calculated falsely to suggest
that he has powers as a designated person that exceed the powers he
actually has.
(4)
A person guilty of an offence under subsection (1) or (3) is liable on summary
40
conviction—
(a)
to imprisonment for a term not exceeding 51 weeks, or
(b)
to a fine not exceeding level 5 on the standard scale,

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 2 — SOCA: special powers of designated staff
28


or to both.
(5)
A person guilty of an offence under subsection (2) is liable on summary
conviction—
(a)
to imprisonment for a term not exceeding 51 weeks, or
(b)
to a fine not exceeding level 3 on the standard scale,
5

or to both.
(6)
In this section “relevant power”, in relation to a designated person, means a
power or privilege exercisable by that person by virtue of the designation
under section 41.
(7)
In the application of this section to Scotland the references to 51 weeks in
10
subsections (4)(a) and (5)(a) are to be read as references to 12 months in each
case.
(8)
In the application of this section to Northern Ireland the references to 51 weeks
are to be read as follows—
(a)
in subsection (4)(a) the reference is to be read as a reference to 6 months,
15
and
(b)
in subsection (5)(a) the reference is to be read as a reference to 1 month.
Supplementary
50
Modification of enactments
(1)
The Secretary of State may by order provide for any enactment (or description
20
of enactments) to apply in relation to—
(a)
designated persons, or
(b)
the exercise of powers by such persons under this Chapter,

with such modifications as he considers necessary or expedient.
(2)
An order under this section may include provision for or in connection with—
25
(a)
extending to such persons any exemption or protection afforded by an
enactment to any other description of persons;
(b)
providing for the disclosure of information to, or the doing of other
things in relation to, such persons under any enactment;
(c)
conferring on the Director General of SOCA functions exercisable in
30
relation to such persons.
(3)
Subsection (2) does not affect the generality of subsection (1).
(4)
In this section any reference to designated persons includes a reference to any
description of such persons.
(5)
Before exercising the power conferred by subsection (1) in relation to an
35
enactment which (expressly or otherwise) confers any function on—
(a)
the Commissioners for Her Majesty’s Revenue and Customs, or
(b)
an officer of Revenue and Customs,

the Secretary of State must consult the Commissioners.
(6)
Before exercising the power conferred by subsection (1) in relation to an
40
enactment which extends to Scotland, the Secretary of State must consult the
Scottish Ministers.

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 3 — SOCA: Miscellaneous and supplementary
29

(7)
The power conferred by subsection (1) is exercisable by the Scottish Ministers
(rather than by the Secretary of State) where the provision to be made is within
the legislative competence of the Scottish Parliament.
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Employment provisions
(1)
A member of SOCA’s staff who is for the time being designated under section
5
41 as a person having the powers of a constable is not, by virtue of section 44(2),
to be treated as being in police service for the purposes of the enactments
mentioned in subsection (2).
(2)
The enactments are—
(a)
section 280 of the Trade Union and Labour Relations (Consolidation)
10
Act 1992 (c. 52) (person in police service excluded from definitions of
“worker” and “employee”);
(b)
section 200 of the Employment Rights Act 1996 (c. 18) (certain
provisions of the Act not to apply to persons in police service);
(c)
Article 145 of the Trade Union and Labour Relations (Northern Ireland)
15
Order 1995 (S.I. 1995/1980 (N.I. 12)); and
(d)
Article 243 of the Employment Rights (Northern Ireland) Order 1996
(S.I. 1996/1919 (N.I. 16)).
52
Interpretation of Chapter 2
(1)
In this Chapter—
20
“designated person” means a person for the time being designated under
section 41;
“United Kingdom waters” means the sea and other waters within the
seaward limits of the United Kingdom’s territorial sea.
(2)
Any reference in this Chapter to the exercise of powers by virtue of a
25
designation under section 41 is, in a case where any limitations were imposed
under subsection (2) of that section, a reference to their exercise in conformity
with those limitations.
Chapter 3
SOCA: Miscellaneous and supplementary
30
Complaints and misconduct
53
Complaints and misconduct
(1)
Schedule 2 makes provision for, and in connection with, the operation in
relation to SOCA of Part 2 of the Police Reform Act 2002 (c. 30) (which relates
to complaints and misconduct).
35
(2)
In the Police (Northern Ireland) Act 1998 (c. 32)—
(a)
after section 60 insert—
“60ZA
Serious Organised Crime Agency
(1)
An agreement for the establishment in relation to members of
the staff of the Serious Organised Crime Agency of procedures
40

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 3 — SOCA: Miscellaneous and supplementary
30

corresponding or similar to any of those established by virtue of
this Part may, with the approval of the Secretary of State, be
made between the Ombudsman and the Agency.
(2)
Where no such procedures are in force in relation to the Agency,
the Secretary of State may by order establish such procedures.
5
(3)
An agreement under this section may at any time be varied or
terminated with the approval of the Secretary of State.
(4)
Before making an order under this section the Secretary of State
shall consult—
(a)
the Ombudsman; and
10
(b)
the Agency.
(5)
Nothing in any other statutory provision shall prevent the
Agency from carrying into effect procedures established by
virtue of this section.
(6)
No such procedures shall have effect in relation to anything
15
done by a member of the staff of the Agency outside Northern
Ireland.”; and
(b)
in section 61(5) (reports), at the end of paragraph (b) insert “; and
(c)
if the report concerns the Serious Organised Crime
Agency, to the Agency.”
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Joint investigation teams
54
Assaults or obstruction in connection with joint investigation teams
(1)
This section applies where an international joint investigation team has been
formed under the leadership of a member of SOCA’s staff.
(2)
A person commits an offence if he assaults a member of the team who is
25
carrying out his functions as a member of the team.
(3)
A person commits an offence if he resists or wilfully obstructs a member of the
team who is carrying out his functions as a member of that team.
(4)
A person guilty of an offence under subsection (2) is liable on summary
conviction—
30
(a)
to imprisonment for a term not exceeding 51 weeks, or
(b)
to a fine not exceeding level 5 on the standard scale,

or to both.
(5)
A person guilty of an offence under subsection (3) is liable on summary
conviction—
35
(a)
to imprisonment for a term not exceeding 51 weeks, or
(b)
to a fine not exceeding level 3 on the standard scale,

or to both.
(6)
In this section “international joint investigation team” means any investigation
team formed in accordance with—
40
(a)
any framework decision on joint investigation teams adopted under
Article 34 of the Treaty on European Union,

Serious Organised Crime and Police Bill
Part 2 — Investigations, prosecutions, proceedings and proceeds of crime
Chapter 1 — Investigatory powers of DPP, etc.
31

(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
(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.
5
(7)
In the application of this section to Scotland the references to 51 weeks in
subsections (4)(a) and (5)(a) are to be read as references to 12 months in each
case.
(8)
In the application of this section to Northern Ireland the references to 51 weeks
are to be read as follows—
10
(a)
in subsection (4)(a) the reference is to be read as a reference to 6 months,
and
(b)
in subsection (5)(a) the reference is to be read as a reference to 1 month.
Transfers
55
Transfers to SOCA
15
Schedule 3 makes provision about the transfer of staff, property, rights and
liabilities to SOCA.
Amendments
56
Minor and consequential amendments relating to SOCA
Schedule 4 contains minor and consequential amendments relating to SOCA.
20
Part 2
Investigations, prosecutions, proceedings and proceeds of crime
Chapter 1
Investigatory powers of DPP, etc.
Introductory
25
57
Investigatory powers of DPP etc.
(1)
This Chapter confers powers on—
(a)
the Director of Public Prosecutions,
(b)
the Director of Revenue and Customs Prosecutions, and
(c)
the Lord Advocate,
30

in relation to the giving of disclosure notices in connection with the
investigation of offences to which this Chapter applies.
(2)
The Director of Public Prosecutions may, to such extent as he may determine,
delegate the exercise of his powers under this Chapter to a Crown prosecutor.

Serious Organised Crime and Police Bill
Part 2 — Investigations, prosecutions, proceedings and proceeds of crime
Chapter 1 — Investigatory powers of DPP, etc.
32

(3)
The Director of Revenue and Customs Prosecutions may, to such extent as he
may determine, delegate the exercise of his powers under this Chapter to a
Revenue and Customs Prosecutor.
(4)
The Lord Advocate may, to such extent as he may determine, delegate the
exercise of his powers under this Chapter to a procurator fiscal.
5
(5)
In this Chapter “the Investigating Authority” means—
(a)
the Director of Public Prosecutions,
(b)
the Director of Revenue and Customs Prosecutions, or
(c)
the Lord Advocate.
(6)
But, in circumstances where the powers of any of those persons are exercisable
10
by any other person by virtue of subsection (2), (3) or (4), references to “the
Investigating Authority” accordingly include any such other person.
58
Offences to which this Chapter applies
(1)
This Chapter applies to the following offences—
(a)
any offence listed in Schedule 2 to the Proceeds of Crime Act 2002 (c. 29)
15
(lifestyle offences: England and Wales);
(b)
any offence listed in Schedule 4 to that Act (lifestyle offences: Scotland);
(c)
any offence under sections 15 to 18 of the Terrorism Act 2000 (c. 11)
(offences relating to fund-raising, money laundering etc.);
(d)
any offence under section 170 of the Customs and Excise Management
20
Act 1979 (c. 2) (fraudulent evasion of duty) or section 72 of the Value
Added Tax Act 1994 (c. 23) (offences relating to VAT);
(e)
any offence under section 17 of the Theft Act 1968 (c. 60) (false
accounting) or any offence at common law of cheating in relation to the
public revenue;
25
(f)
any offence under section 1 of the Criminal Attempts Act 1981 (c. 47),
or in Scotland at common law, of attempting to commit any offence in
paragraph (c), (d) or (e);
(g)
any offence under section 1 of the Criminal Law Act 1977 (c. 45), or in
Scotland at common law, of conspiracy to commit any offence in
30
paragraph (c), (d) or (e).
(2)
The Secretary of State may by order amend subsection (1), in its application to
England and Wales, so as to remove an offence from it or add an offence to it.
(3)
The Scottish Ministers may by order amend subsection (1), in its application to
Scotland, so as to remove an offence from it or add an offence to it.
35
Disclosure notices
59
Disclosure notices
(1)
If it appears to the Investigating Authority—
(a)
that there are reasonable grounds for suspecting that a person has
committed an offence to which this Chapter applies,
40
(b)
that some other person has information (whether or not contained in a
document) which relates to a matter relevant to the investigation of that
offence, and

Serious Organised Crime and Police Bill
Part 2 — Investigations, prosecutions, proceedings and proceeds of crime
Chapter 1 — Investigatory powers of DPP, etc.
33

(c)
that there are reasonable grounds for believing that information which
may be provided by that other person in compliance with a disclosure
notice is likely to be of substantial value (whether or not by itself) to that
investigation,

he may give, or authorise an appropriate person to give, a disclosure notice to
5
that other person.
(2)
If it appears to the Investigating Authority—
(a)
that there are reasonable grounds for suspecting that a person (“the
person under investigation”) has committed an offence to which this
Chapter applies,
10
(b)
that the conditions in subsection (1)(b) and (c) are satisfied (reading
references to some other person as references to the person under
investigation), and
(c)
that there are exceptional circumstances making it expedient to do so,

he may give, or authorise an appropriate person to give, a disclosure notice to
15
the person under investigation.
This subsection applies to Scotland with the omission of paragraph (c).
(3)
In this Chapter “appropriate person” means—
(a)
a constable,
(b)
a member of the staff of SOCA, or
20
(c)
an officer of Revenue and Customs.
(4)
In this Chapter “disclosure notice” means a notice in writing requiring the
person to whom it is given to do all or any of the following things in accordance
with the specified requirements, namely—
(a)
answer questions with respect to any matter relevant to the
25
investigation;
(b)
provide information with respect to any such matter as is specified in
the notice;
(c)
produce such documents, or documents of such descriptions, relevant
to the investigation as are specified in the notice.
30
(5)
In subsection (4) “the specified requirements” means such requirements
specified in the disclosure notice as relate to—
(a)
the time at or by which,
(b)
the place at which, or
(c)
the manner in which,
35

the person to whom the notice is given is to do any of the things mentioned in
paragraphs (a) to (c) of that subsection; and those requirements may include a
requirement to do any of those things at once.
(6)
A disclosure notice must be signed or counter-signed by the Investigating
Authority.
40
(7)
This section has effect subject to section 61 (restrictions on requiring
information etc.).
60
Production of documents
(1)
This section applies where a disclosure notice has been given under section 59.
(2)
An authorised person may—
45