05108.1-7

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

LORDS amendments to the
Serious Organised Crime and Police Bill
[The page and line references are to HL Bill 24, the bill as first printed for the Lords.]
Clause 4
1
Page 3, line 29, leave out from “SOCA” to end of line 30
Clause 6
2
Page 4, line 30, leave out from “SOCA” to “and” in line 31
Clause 10
3
Leave out Clause 10
Clause 17
4
Page 9, line 41, at end insert—

“( )
Before requesting an inspection that would fall to be carried out wholly or

partly in Scotland, the Secretary of State must consult the Scottish

Ministers.”
Clause 18
5
Page 11, line 3, leave out subsections (3) and (4)
Clause 19
6
Page 11, line 16, leave out subsection (4)
7
Page 11, line 20, leave out “(including any proposed conditions under section

18(3))”
After Clause 38
8
Insert the following new Clause—

Bill 108 53/4

(  2  )

“Prosecution of offences investigated by SOCA

(1)
The Director of Revenue and Customs Prosecutions—

(a)
may institute and conduct criminal proceedings in England and

Wales that arise out of a criminal investigation by SOCA relating to

a designated offence, and

(b)
must take over the conduct of criminal proceedings instituted by

SOCA in England and Wales in respect of a designated offence.

(2)
The Director of Revenue and Customs Prosecutions must provide such

advice as he thinks appropriate, to such persons as he thinks appropriate,

in relation to—

(a)
a criminal investigation by SOCA relating to a designated offence,

or

(b)
criminal proceedings instituted in England and Wales that arise out

of such an investigation.

(3)
The Director of Public Prosecutions—

(a)
may institute and conduct criminal proceedings in England and

Wales that arise out of a criminal investigation by SOCA relating to

a non-designated offence, and

(b)
must take over the conduct of criminal proceedings instituted by

SOCA in England and Wales in respect of such an offence.

But paragraph (b) does not apply where the Director of the Serious Fraud

Office has the conduct of the proceedings.

(4)
The Director of Public Prosecutions must provide such advice as he thinks

appropriate, to such persons as he thinks appropriate, in relation to—

(a)
a criminal investigation by SOCA relating to a non-designated

offence, or

(b)
criminal proceedings instituted in England and Wales that arise out

of such an investigation.

(5)
Sections 23 and 23A of the Prosecution of Offences Act 1985 (c. 23) (power

to discontinue proceedings) apply (with any necessary modifications) to

proceedings conducted by the Director of Revenue and Customs

Prosecutions in accordance with this section as they apply to proceedings

conducted by the Director of Public Prosecutions.

(6)
In the Commissioners for Revenue and Customs Act 2005—

(a)
section 37(1) (prosecutors), and

(b)
section 38(1) (conduct of prosecutions by appointed persons),


have effect as if the reference to section 35 of that Act included a reference

to this section.

(7)
For the purposes of this section and section (Directions as to reference of cases

and proceedings to appropriate prosecutor)—

(a)
“criminal investigation” means any process—

(i)
for considering whether an offence has been committed,

(ii)
for discovering by whom an offence has been committed, or

(iii)
as a result of which an offence is alleged to have been

committed;

(b)
an offence is a “designated offence” if criminal proceedings

instituted by SOCA in respect of the offence fall (or, as the case may

be, would fall) to be referred to the Director of Revenue and

Customs Prosecutions by virtue of directions under section

(  3  )

(Directions as to reference of cases and proceedings to appropriate

prosecutor)(1);

(c)
“non-designated offence” means an offence which is not a

designated offence;

(d)
a reference to the institution of criminal proceedings is to be

construed in accordance with section 15(2) of the Prosecution of

Offences Act 1985 (c. 23); and

(e)
a reference to the institution of proceedings by SOCA includes a

reference to their institution by the Director General of SOCA or a

person authorised by him.”
9
Insert the following new Clause—


“Directions as to reference of cases and proceedings to appropriate

prosecutor

(1)
The Directors may give directions to SOCA—

(a)
for enabling SOCA to determine whether cases arising out of

criminal investigations by SOCA are to be referred to the Director

of Revenue and Customs Prosecutions, or to the Director of Public

Prosecutions, in order for him to consider whether to institute

proceedings in accordance with section (Prosecution of offences

investigated by SOCA)(1)(a) or (3)(a);

(b)
for enabling SOCA to determine whether criminal proceedings

instituted by SOCA are to be referred to the Director of Revenue

and Customs Prosecutions, or to the Director of Public

Prosecutions, in order for him to take over their conduct in

accordance with section (Prosecution of offences investigated by

SOCA)(1)(b) or (3)(b);

(c)
specifying, in relation to any cases or proceedings that are to be so

referred to the Director of Revenue and Customs Prosecutions or

the Director of Public Prosecutions, the steps to be taken by SOCA

in connection with referring them to him.

(2)
Directions under subsection (1) may provide for cases or proceedings to be

referred to one or other of the Directors by reference to—

(a)
whether the cases or proceedings relate to an offence falling within

a category of offences specified in the directions; or

(b)
whether any criteria so specified are satisfied with respect to the

cases or proceedings; or

(c)
such other matters as the Directors think fit.

(3)
The Directors may from time to time revise any directions given under this

section.

(4)
The Directors must publish in such manner as they think fit—

(a)
any directions given under this section, and

(b)
any revisions made to such directions;


and they must give a copy of any such directions or revisions to SOCA.

(5)
A report to which this subsection applies must set out —

(a)
any directions given under this section, and

(b)
any revisions made to such directions,


in the year to which the report relates.

(  4  )

(6)
Subsection (5) applies to—

(a)
a report under section 9 of the Prosecution of Offences Act 1985

(report to Attorney General by Director of Public Prosecutions), and

(b)
a report under paragraph 6 of Schedule 3 to the Commissioners for

Revenue and Customs Act 2005 (report to Attorney General by

Director of Revenue and Customs Prosecutions).

(7)
Directions under this section may make different provision for different

cases, circumstances or areas.

(8)
If there is a failure to comply with directions under this section in relation

to the reference of any matter to one of the Directors, neither—

(a)
the reference, nor

(b)
anything subsequently done in connection with the matter,


is invalid by reason of anything in the directions or in section (Prosecution

of offences investigated by SOCA).

(9)
In this section “the Directors” means the Director of Public Prosecutions

and the Director of Revenue and Customs Prosecutions, acting jointly.”
10
Insert the following new Clause—


“Functions of Director of Revenue and Customs Prosecutions as to

persons arrested for designated offence

(1)
Sections 37 to 37B of the Police and Criminal Evidence Act 1984 (c. 60)

(duties of custody officers; guidance etc.) have effect, in relation to a person

arrested following a criminal investigation by SOCA relating to a

designated offence, as if references to the Director of Public Prosecutions

were references to the Director of Revenue and Customs Prosecutions.

(2)
In subsection (1) the reference to a designated offence is to be read in

accordance with section (Prosecution of offences investigated by SOCA) (7)(b)

of this Act.”
Clause 46
11
Page 26, line 38, leave out “6” and insert “7”
After Clause 53
12
Insert the following new Clause—


“Application of discrimination legislation to SOCA seconded staff

(1)
For the purposes of the provisions to which this subsection applies any

constable or other person who has been seconded to SOCA to serve as a

member of its staff shall be treated as being employed by SOCA as respects

any act done by it in relation to that person.

(2)
Subsection (1) applies to—

(a)
Part 2 of the Sex Discrimination Act 1975 (c. 65);

(b)
Part 2 of the Race Relations Act 1976 (c. 74);

(c)
Part II of the Sex Discrimination (Northern Ireland) Order 1976 (S.I.

1976/1042 (N.I. 15));

(d)
Part 2 of the Disability Discrimination Act 1995 (c. 50);

(  5  )

(e)
Part II of the Race Relations (Northern Ireland) Order 1997 (S.I.

1997/869 (N.I. 6)); and

(f)
the Fair Employment and Treatment (Northern Ireland) Order 1998

(S.I. 1998/3162 (N.I. 21)), except Part VII.

(3)
For the purposes of the provisions to which this subsection applies—

(a)
any constable or other person who has been seconded to SOCA to

serve as a member of its staff shall be treated as being employed by

SOCA (and as not being employed by any other person); and

(b)
anything done by such a person in the performance, or purported

performance, of his functions as such a person shall be treated as

done in the course of that employment.

(4)
Subsection (3) applies to—

(a)
section 41 of the Sex Discrimination Act 1975 (c. 65);

(b)
section 32 of the Race Relations Act 1976 (c. 74);

(c)
Article 42 of the Sex Discrimination (Northern Ireland) Order 1976

(S.I. 1976/1042 (N.I. 15));

(d)
section 58 of the Disability Discrimination Act 1995 (c. 50);

(e)
Article 32 of the Race Relations (Northern Ireland) Order 1997 (S.I.

1997/869 (N.I. 6)); and

(f)
Article 36 of the Fair Employment and Treatment (Northern

Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21)).”
Clause 58
13
Page 32, line 36, at end insert “which is a qualifying offence”
14
Page 32, line 39, at end insert “, which is a qualifying offence”
15
Page 33, line 3, leave out “, (d) or (e)” and insert “or any offence in paragraph (d)

or (e) which is a qualifying offence”
16
Page 33, line 6, leave out “, (d) or (e)” and insert “or any offence in paragraph (d)

or (e) which is a qualifying offence”
17
Page 33, line 6, at end insert—

“(1A)
For the purposes of subsection (1) an offence in paragraph (d) or (e) of that

subsection is a qualifying offence if the Investigating Authority certifies

that in his opinion—

(a)
in the case of an offence in paragraph (d) or an offence of cheating

the public revenue, the offence involved or would have involved a

loss, or potential loss, to the public revenue of an amount not less

than £5,000;

(b)
in the case of an offence under section 17 of the Theft Act 1968

(c. 60), the offence involved or would have involved a loss or gain,

or potential loss or gain, of an amount not less than £5,000.

(1B)
A document purporting to be a certificate under subsection (1A) is to be

received in evidence and treated as such a certificate unless the contrary is

proved.”
18
Page 33, line 7, after “order” insert—

“(a)
”
19
Page 33, line 8, at end insert—

(  6  )

“(b)
amend subsection (1A), in its application to England and Wales, so

as to—

(i)
take account of any amendment made by virtue of

paragraph (a) above, or

(ii)
vary the sums for the time being specified in subsection

(1A)(a) and (b).”
20
Page 33, line 9, after “order” insert—

“(a)
”
21
Page 33, line 10, at end insert—

“(b)
amend subsection (1A), in its application to Scotland, so as to—

(i)
take account of any amendment made by virtue of

paragraph (a) above, or

(ii)
vary the sums for the time being specified in subsection

(1A)(a) and (b).”
Clause 61
22
Page 35, line 15, at end insert—

“( )
In subsection (6)(b), “legal privilege” has the meaning given by section 412

of the Proceeds of Crime Act 2002 (c. 29).”
Clause 71
23
Page 41, line 41, leave out “agrees” and insert “offers”
24
Page 42, line 44, leave out subsection (15) and insert—

“(15)
Subsections (3) to (9) of section 70 apply for the purposes of this section as

they apply for the purposes of that section and any reference in those

subsections to subsection (2) of that section must be construed as a

reference to subsection (6) of this section.”
After Clause 71
25
Insert the following new Clause—

“Proceedings under section 71: exclusion of public

(1)
This section applies to—

(a)
any proceedings relating to a reference made under section 71(3),

and

(b)
any other proceedings arising in consequence of such proceedings.

(2)
The court in which the proceedings will be or are being heard may make

such order as it thinks appropriate—

(a)
to exclude from the proceedings any person who does not fall

within subsection (4);

(b)
to give such directions as it thinks appropriate prohibiting the

publication of any matter relating to the proceedings (including the

fact that the reference has been made).

(3)
An order under subsection (2) may be made only to the extent that the court

thinks—

(  7  )

(a)
that it is necessary to do so to protect the safety of any person, and

(b)
that it is in the interests of justice.

(4)
The following persons fall within this subsection—

(a)
a member or officer of the court;

(b)
a party to the proceedings;

(c)
counsel or a solicitor for a party to the proceedings;

(d)
a person otherwise directly concerned with the proceedings.

(5)
This section does not affect any other power which the court has by virtue

of any rule of law or other enactment—

(a)
to exclude any person from proceedings, or

(b)
to restrict the publication of any matter relating to proceedings.”
Clause 75
26
Page 45, line 12, leave out paragraph (b) and insert—

“(b)
subsequent periods of specified lengths, each period beginning

immediately after the end of the previous one.”
Clause 113
27
Page 80, line 2, at end insert—

“(6A)
In subsection (1A), for “or the conduct of a prosecution” substitute “, the

conduct of a prosecution or the identification of a deceased person or of the

person from whom a body part came”.”
Clause 124
28
Leave out Clause 124
Clause 129
29
Page 92, line 41, leave out “for the purposes of this section” and insert “in a public

place in the designated area”
Clause 130
30
Page 93, leave out line 17 and insert—

“(1A)
The notice must be given—

(a)
if reasonably practicable, not less than 6 clear days before the day

on which the demonstration is to start, or

(b)
if that is not reasonably practicable, then as soon as it is, and in any

event not less than 24 hours before the time the demonstration is to

start.”
Clause 131
31
Page 93, line 36, leave out from “district” to end of line 37 and insert “by the time

specified in section 130(1A).”
32
Page 93, line 38, at end insert “to which the notice relates”
33
Page 94, line 35, leave out “divergence from the particulars” and insert “failure to