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 4 — Protection of witnesses and other persons
47

78
Joint arrangements
(1)
Arrangements may be made under section 77(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
5
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 79 affects any power which a protection
10
provider has to request or obtain assistance from another protection provider.
79
Transfer of responsibility to other protection provider
(1)
A protection provider who makes arrangements under section 77(1) may agree
with another protection provider that, as from a date specified in the
agreement—
15
(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
20
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
25
the other protection provider as if he had made the arrangements under
section 77(1).
(4)
Each protection provider who makes an agreement under subsection (1) must
record that he has done so.
80
Duty to assist protection providers
30
(1)
This section applies if a protection provider requests assistance from a public
authority in connection with the making of arrangements under section 77(1)
or the implementation, variation or cancellation of such arrangements.
(2)
The public authority must take reasonable steps to provide the assistance
requested.
35
(3)
“Public authority” includes any person certain of whose functions are of a
public nature but does not include—
(a)
a court or tribunal,
(b)
either House of Parliament or a person exercising functions in
connection with proceedings in Parliament, or
40
(c)
the Scottish Parliament or a person exercising functions in connection
with proceedings in the Scottish Parliament.

Serious Organised Crime and Police Bill
Part 2 — Investigations, prosecutions, proceedings and proceeds of crime
Chapter 4 — Protection of witnesses and other persons
48

81
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 77(1) or to the implementation, variation or cancellation
of such arrangements, and
5
(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;
10
(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.
82
Defences to liability under section 81
15
(1)
A person (P) is not guilty of an offence under section 81 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
20
(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 81 if—
(a)
D disclosed the information with the agreement of a person (P) who, at
25
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
30
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
35
protected person);
(c)
a person (other than a person mentioned in paragraph (a) or (b)) who
was or had been a protected person.
(4)
A person is not guilty of an offence under section 81 if he disclosed the
information for the purposes of safeguarding national security or for the
40
purposes of the prevention, detection or investigation of crime.
(5)
A person is not guilty of an offence under section 81 if—
(a)
at the time when he disclosed the information, he was a protection
provider or involved in the making of arrangements under section
77(1) or in the implementation, variation or cancellation of such
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arrangements, and

Serious Organised Crime and Police Bill
Part 2 — Investigations, prosecutions, proceedings and proceeds of crime
Chapter 4 — Protection of witnesses and other persons
49

(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 section 81(1) is
not guilty in England and Wales or in Northern Ireland of an offence under that
5
section.
(7)
The Scottish Ministers may by order make provision prescribing circumstances
in which a person who discloses information as mentioned in section 81(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
10
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.
83
Offences of disclosing information relating to persons assuming new identity
(1)
A person (P) commits an offence if—
15
(a)
P is or has been a protected person,
(b)
P assumed a new identity in pursuance of arrangements made under
section 77(1),
(c)
P discloses information which indicates that he assumed, or might have
assumed, a new identity, and
20
(d)
P knows or suspects that the information disclosed by him indicates
that he assumed, or might have assumed, a new identity.
(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,
25
(b)
P assumed a new identity in pursuance of arrangements made under
section 77(1),
(c)
the information disclosed by D indicates that P assumed, or might have
assumed, a new identity, and
(d)
D knows or suspects—
30
(i)
that P is or has been a protected person, and
(ii)
that the information disclosed by D indicates that P assumed, or
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
35
two years, to a fine or to both;
(b)
on summary conviction, to imprisonment for a term not exceeding 12
months, to a fine not exceeding the statutory maximum or to both.
(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.
40
84
Defences to liability under section 83
(1)
P is not guilty of an offence under section 83(1) if, at the time when he disclosed
the information, it was not likely that its disclosure would endanger the safety
of any of the persons mentioned in subsection (3).

Serious Organised Crime and Police Bill
Part 2 — Investigations, prosecutions, proceedings and proceeds of crime
Chapter 4 — Protection of witnesses and other persons
50

(2)
D is not guilty of an offence under section 83(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
in subsection (3).
5
(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);
(c)
a person (other than a person mentioned in paragraph (a) or (b)) who
10
was or had been a protected person.
(4)
D is not guilty of an offence under section 83(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.
(5)
D is not guilty of an offence under section 83(2) if—
15
(a)
at the time when he disclosed the information, he was a protection
provider or involved in the making of arrangements under section
77(1) or in the implementation, variation or cancellation of such
arrangements, and
(b)
he disclosed the information for the purposes of the making,
20
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 83 is not guilty in England and Wales or in Northern Ireland of an
offence under that subsection.
25
(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 83 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
under or by virtue of this section, the court or jury must assume that the
30
defence is satisfied unless the prosecution proves beyond reasonable doubt
that it is not.
85
Protection from liability
(1)
This section applies if—
(a)
arrangements are made for the protection of a person under section
35
77(1), and
(b)
the protected person assumes a new identity in pursuance of the
arrangements.
(2)
No proceedings (whether civil or criminal) may be brought against a person to
whom this section applies in respect of the making by him of a false or
40
misleading representation if the representation—
(a)
relates to the protected person, and
(b)
is made solely for the purpose of ensuring that the arrangements made
for him to assume a new identity are, or continue to be, effective.
(3)
The persons to whom this section applies are—
45
(a)
the 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
51

(b)
a person who is associated with the protected person;
(c)
a protection provider;
(d)
a person involved in the making of arrangements under section 77(1) or
in the implementation, variation or cancellation of such arrangements.
86
Transitional provision
5
(1)
This section applies to arrangements which were, at any time before the
commencement of section 77, made by a protection provider, or any person
acting with his authority, for the purpose of protecting a person of a
description specified in Schedule 5.
(2)
If the following three conditions are satisfied, the arrangements are to be
10
treated as having been made by the protection provider under section 77(1).
(3)
The first condition is that the protection provider could have made the
arrangements under section 77(1) had it been in force at the time when the
arrangements were made.
(4)
The second condition is that the arrangements were in operation immediately
15
before the commencement of section 77.
(5)
The third condition is that the protection provider determines that it is
appropriate to treat the arrangements as having been made under section
77(1).
(6)
A determination under subsection (5) may be made at any time before the end
20
of the period of six months beginning with the day on which section 77 comes
into force.
(7)
A protection provider must make a record of a determination under subsection
(5).
(8)
Subsection (9) applies if—
25
(a)
at any time before the commencement of section 77, arrangements were
made by a person specified in subsection (11), or any person acting with
the authority of such a person, for the purpose of protecting a person of
a description specified in Schedule 5, and
(b)
functions in relation to the arrangements are, at any time before the end
30
of the period of six months mentioned in subsection (6), exercisable by
a protection provider.
(9)
The provision made by subsections (1) to (7) applies in relation to the
arrangements as if they had been made by the protection provider.
(10)
Accordingly, if the three conditions mentioned in subsections (3) to (5) are
35
satisfied in relation to the arrangements, they are to be treated, by virtue of
subsection (2), as having been made by the protection provider under section
77(1).
(11)
The persons specified in this subsection are—
(a)
the Director General of the National Criminal Intelligence Service;
40
(b)
the Director General of the National Crime Squad;
(c)
any of the Commissioners of Her Majesty’s Customs and Excise.