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House of Commons

Session 2004 - 05 Internet Publications Other Bills before Parliament

Serious Organised Crime and Police Bill

Serious Organised Crime and Police Bill
[AS AMENDED IN STANDING COMMITTEE D]
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
Bill 44 53/4
Serious Organised Crime and Police Bill ii
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    Directed arrangements: Scotland
27    Use by SOCA of police premises etc.
28    Regulations as to equipment
Liability for unlawful conduct
29    Liability of SOCA for acts of seconded staff etc.
30    Payment by SOCA of amounts in connection with unlawful conduct of
employees etc.
31    Application of sections 29 and 30 to members of joint investigation teams
32    Liability of special police forces and law enforcement agencies for unlawful
conduct of SOCA staff
Use and disclosure of information
33    Use of information by SOCA
34    Disclosure of information by SOCA
35    Disclosure of information to SOCA
36    Restrictions on further disclosure
General duties of police etc.
37    General duty of police to pass information to SOCA
38    General duty of police etc. to assist SOCA
Miscellaneous and supplementary
39    Directions
40    Interpretation of Chapter 1
Chapter 2
SOCA: special powers of designated staff
Designations
41    Designation of SOCA staff as persons having powers of constable etc.
42    Delegation of power to designate
43    Modification or withdrawal of designations
Serious Organised Crime and Police Bill iii
Powers exercisable
44    Person having powers of a constable
45    Person having powers of constable: Scotland and Northern Ireland
46    Person having customs powers
47    Person having powers of an immigration officer
Exercise of powers
48    Designations: supplementary
49    Assaults, obstruction or deception in connection with designations
Supplementary
50    Modification of enactments
51    Employment provisions
52    Interpretation of Chapter 2
Chapter 3
SOCA: Miscellaneous and supplementary
Complaints and misconduct
53    Complaints and misconduct
Joint investigation teams
54    Assaults or obstruction in connection with joint investigation teams
Transfers
55    Transfers to SOCA
Amendments
56    Minor and consequential amendments relating to SOCA
Part 2
Investigations, prosecutions, proceedings and proceeds of crime
Chapter 1
Investigatory powers of DPP, etc.
Introductory
57    Investigatory powers of DPP etc.
58    Offences to which this Chapter applies
Disclosure notices
59    Disclosure notices
60    Production of documents
Serious Organised Crime and Police Bill iv
61    Restrictions on requiring information etc.
62    Restrictions on use of statements
Enforcement
63    Power to enter and seize documents
64    Offences in connection with disclosure notices or search warrants
Supplementary
65    Procedure applicable to search warrants
66    Manner in which disclosure notice may be given
67    Interpretation of Chapter 1
Chapter 2
Offenders assisting investigations and prosecutions
68    Assistance by offender: immunity from prosecution
69    Assistance by offender: undertakings as to use of evidence
70    Assistance by defendant: reduction in sentence
71    Assistance by defendant: review of sentence
Chapter 3
Financial reporting orders
72    Financial reporting orders: making
73    Financial reporting orders: making in Scotland
74    Financial reporting orders: effect
75    Financial reporting orders: variation and revocation
76    Financial reporting orders: verification and disclosure
Chapter 4
Protection of witnesses and other persons
77    Protection of persons involved in investigations or proceedings
78    Joint arrangements
79    Transfer of responsibility to other protection provider
80    Duty to assist protection providers
81    Offence of disclosing information about protection arrangements
82    Defences to liability under section 81
83    Offences of disclosing information relating to persons assuming new identity
84    Defences to liability under section 83
85    Protection from liability
86    Transitional provision
87    Transitional provision: supplemental
88    Provision of information
89    Interpretation of Chapter 4
Serious Organised Crime and Police Bill v
Chapter 5
International obligations
90    Enforcement of overseas forfeiture orders
91    Mutual assistance in freezing property or evidence
Chapter 6
Proceeds of crime
92    Confiscation orders by magistrates’ courts
93    Civil recovery: freezing orders
94    Civil recovery: interim receivers’ expenses etc.
95    Detention of seized cash: meaning of “48 hours”
96    Appeal in proceedings for forfeiture of cash
97    Money laundering: defence where overseas conduct is legal under local law
98    Money laundering: threshold amounts
99    Money laundering: disclosures to identify persons and property
100    Money laundering: form and manner of disclosures
101    Money laundering: miscellaneous amendments
102    Money laundering offences
103    International co-operation
Part 3
Police powers etc.
Powers of arrest
104    Powers of arrest
105    Powers of arrest: supplementary
Exclusion zones
106    Power to direct a person to leave a place
Search warrants
107    Search warrants: premises
108    Search warrants: other amendments
Fireworks
109    Power to stop and search for prohibited fireworks
Photographing of suspects etc.
110    Photographing of suspects etc.
Fingerprints and footwear impressions
111    Fingerprints
112    Impressions of footwear
Serious Organised Crime and Police Bill vi
Intimate samples
113    Intimate samples
Custody officers
114    Staff custody officers: designation
115    Custody officers: amendments to PACE
Designated and accredited persons
116    Powers of designated and accredited persons
Provision of information for use by police staff
117    Provision of information for use by police staff
Interpretation of Part 3
118    Interpretation of Part 3
Part 4
Public order and conduct in public places etc.
Harassment
119    Harassment intended to deter lawful activities
120    Harassment etc. of a person in his home
121    Harassment etc: police direction to stay away from person’s home
Racial and religious hatred
122    Racial and religious hatred
Trespass on designated site
123    Offence of trespassing on designated site
124    Corresponding Scottish offence
125    Designated sites: powers of arrest
126    Designated sites: access
127    Designated Scottish sites: access
Behaviour in vicinity of Parliament
128    Directions as to behaviour in vicinity of Parliament
129    Section 128: offences
Anti-social behaviour
130    Orders about anti-social behaviour etc.
131    Variation and discharge of anti-social behaviour orders made on conviction
132    Anti-social behaviour orders etc: reporting restrictions
133    Contracting out of local authority functions relating to anti-social behaviour
orders
Serious Organised Crime and Police Bill vii
Parental compensation orders
134    Parental compensation orders
Part 5
Miscellaneous
Vehicle registration and road traffic offences
135    Offence in respect of incorrectly registered vehicles
136    Power of constables to require production of registration documents in
respect of a vehicle
137    Power to seize etc. vehicles driven without insurance
138    Payments by Secretary of State to police authorities in relation to the
prevention, detection and enforcement of certain traffic offences
139    Payments by Scottish Ministers to police authorities etc. in relation to the
prevention, detection and enforcement of certain traffic offences
Local policing information
140    Publication of local policing information
Other miscellaneous police matters
141    Responsibilities in relation to the health and safety etc. of police
142    Investigations: accelerated procedure in special cases
143    Investigations: deaths and serious injuries during or after contact with the
police
Royal Parks etc.
144    Abolition of Royal Parks Constabulary
145    Regulation of specified parks
Criminal record checks
146    Criminal record certificates
147    Criminal records checks: verification of identity
148    Certain references to police forces
149    Further amendments to Police Act 1997 as it applies to Scotland
150    Part 5 of the Police Act 1997: Channel Islands and Isle of Man
Witness summonses
151    Powers of Crown Court and Magistrates’ Court to issue witness summons
152    Powers of courts-martial etc. to issue warrants of arrest in respect of witnesses
Private Security Industry Act 2001: Scotland
153    Private Security Industry Act 2001: Scottish extent

© Parliamentary copyright 2005	Revised 25 January 2005