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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

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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

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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

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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

 
 

 
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Revised 25 January 2005