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NOTE: The words marked in bold type were inserted by the Lords to avoid |
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Make provision about serious crime prevention orders; to create offences in |
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respect of the encouragement or assistance of crime; to enable information to |
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be shared or processed to prevent fraud; to enable data matching to be |
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conducted both in relation to fraud and for other purposes; to transfer |
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functions of the Director of the Assets Recovery Agency to the Serious |
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Organised Crime Agency and other persons and to make further provision in |
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connection with the abolition of the Agency and the office of Director; to |
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amend the Proceeds of Crime Act 2002 in relation to certain investigations and |
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in relation to accredited financial investigators and search warrants; to make |
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amendments relating to Her Majesty’s Revenue and Customs in connection |
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with the regulation of investigatory powers; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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Serious Crime Prevention Orders |
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1 | Serious crime prevention orders |
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(1) | The High Court in England and Wales may make an order if— |
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(a) | it is satisfied that a person has been involved in serious crime (whether |
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in England and Wales or elsewhere); and |
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(b) | it has reasonable grounds to believe that the order would protect the |
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public by preventing, restricting or disrupting involvement by the |
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person in serious crime in England and Wales. |
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(2) | The High Court in Northern Ireland may make an order if— |
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(a) | it is satisfied that a person has been involved in serious crime (whether |
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in Northern Ireland or elsewhere); and |
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(b) | it has reasonable grounds to believe that the order would protect the |
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public by preventing, restricting or disrupting involvement by the |
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person in serious crime in Northern Ireland. |
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(3) | An order under this section may contain— |
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(a) | such prohibitions, restrictions or requirements; and |
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| as the court considers appropriate for the purpose of protecting the public by |
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preventing, restricting or disrupting involvement by the person concerned in |
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serious crime in England and Wales or (as the case may be) Northern Ireland. |
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(4) | The powers of the court in respect of an order under this section are subject to |
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sections 7 to 16 (safeguards). |
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(5) | In this Part “serious crime prevention order” means— |
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(a) | an order under this section; or |
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(b) | an order under section 20 (corresponding order of the Crown Court on |
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(6) | For the purposes of this Part references to the person who is the subject of a |
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serious crime prevention order are references to the person against whom the |
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public are to be protected. |
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2 | Involvement in serious crime: England and Wales orders |
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(1) | For the purposes of this Part, a person has been involved in serious crime in |
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(a) | has committed a serious offence in England and Wales; |
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(b) | has facilitated the commission by another person of a serious offence in |
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(c) | has conducted himself in a way that was likely to facilitate the |
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commission by himself or another person of a serious offence in |
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England and Wales (whether or not such an offence was committed). |
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(2) | In this Part “a serious offence in England and Wales” means an offence under |
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the law of England and Wales which, at the time when the court is considering |
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the application or matter in question— |
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(a) | is specified, or falls within a description specified, in Part 1 of Schedule |
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(b) | is one which, in the particular circumstances of the case, the court |
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considers to be sufficiently serious to be treated for the purposes of the |
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application or matter as if it were so specified. |
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(3) | For the purposes of this Part, involvement in serious crime in England and |
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Wales is any one or more of the following— |
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(a) | the commission of a serious offence in England and Wales; |
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(b) | conduct which facilitates the commission by another person of a |
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serious offence in England and Wales; |
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(c) | conduct which is likely to facilitate the commission, by the person |
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whose conduct it is or another person, of a serious offence in England |
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and Wales (whether or not such an offence is committed). |
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(4) | For the purposes of section 1(1)(a), a person has been involved in serious crime |
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elsewhere than in England and Wales if he— |
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(a) | has committed a serious offence in a country outside England and |
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(b) | has facilitated the commission by another person of a serious offence in |
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a country outside England and Wales; or |
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(c) | has conducted himself in a way that was likely to facilitate the |
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commission by himself or another person of a serious offence in a |
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country outside England and Wales (whether or not such an offence |
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(5) | In subsection (4) “a serious offence in a country outside England and Wales” |
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means an offence under the law of a country outside England and Wales |
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which, at the time when the court is considering the application or matter in |
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(a) | would be an offence under the law of England and Wales if committed |
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in or as regards England and Wales; and |
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(i) | would be an offence which is specified, or falls within a |
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description specified, in Part 1 of Schedule 1 if committed in or |
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as regards England and Wales; or |
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(ii) | is conduct which, in the particular circumstances of the case, the |
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court considers to be sufficiently serious to be treated for the |
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purposes of the application or matter as if it meets the test in |
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(6) | The test in subsection (4) is to be used instead of the test in section 3(1) in |
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deciding for the purposes of section 1(1)(a) whether a person has been involved |
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in serious crime in Northern Ireland. |
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(7) | An act punishable under the law of a country outside the United Kingdom |
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constitutes an offence under that law for the purposes of subsection (5), |
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however it is described in that law. |
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3 | Involvement in serious crime: Northern Ireland orders |
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(1) | For the purposes of this Part, a person has been involved in serious crime in |
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(a) | has committed a serious offence in Northern Ireland; |
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(b) | has facilitated the commission by another person of a serious offence in |
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(c) | has conducted himself in a way that was likely to facilitate the |
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commission by himself or another person of a serious offence in |
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Northern Ireland (whether or not such an offence was committed). |
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(2) | In this Part “a serious offence in Northern Ireland” means an offence under the |
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law of Northern Ireland which, at the time when the court is considering the |
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application or matter in question— |
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(a) | is specified, or falls within a description specified, in Part 2 of Schedule |
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(b) | is one which, in the particular circumstances of the case, the court |
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considers to be sufficiently serious to be treated for the purposes of the |
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application or matter as if it were so specified. |
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(3) | For the purposes of this Part, involvement in serious crime in Northern Ireland |
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is any one or more of the following— |
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(a) | the commission of a serious offence in Northern Ireland; |
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(b) | conduct which facilitates the commission by another person of a |
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serious offence in Northern Ireland; |
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(c) | conduct which is likely to facilitate the commission, by the person |
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whose conduct it is or another person, of a serious offence in Northern |
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Ireland (whether or not such an offence is committed). |
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(4) | For the purposes of section 1(2)(a), a person has been involved in serious crime |
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elsewhere than in Northern Ireland if he— |
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(a) | has committed a serious offence in a country outside Northern Ireland; |
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(b) | has facilitated the commission by another person of a serious offence in |
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a country outside Northern Ireland; or |
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(c) | has conducted himself in a way that was likely to facilitate the |
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commission by himself or another person of a serious offence in a |
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country outside Northern Ireland (whether or not such an offence was |
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(5) | In subsection (4) “a serious offence in a country outside Northern Ireland” |
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means an offence under the law of a country outside Northern Ireland which, |
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at the time when the court is considering the application or matter in |
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(a) | would be an offence under the law of Northern Ireland if committed in |
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or as regards Northern Ireland; and |
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(i) | would be an offence which is specified, or falls within a |
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description specified, in Part 2 of Schedule 1 if committed in or |
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as regards Northern Ireland; or |
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(ii) | is conduct which, in the particular circumstances of the case, the |
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court considers to be sufficiently serious to be treated for the |
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purposes of the application or matter as if it meets the test in |
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(6) | The test in subsection (4) is to be used instead of the test in section 2(1) in |
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deciding for the purposes of section 1(2)(a) whether a person has been involved |
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in serious crime in England and Wales. |
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(7) | An act punishable under the law of a country outside the United Kingdom |
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constitutes an offence under that law for the purposes of subsection (5), |
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however it is described in that law. |
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4 | Involvement in serious crime: evidence |
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(1) | In considering for the purposes of this Part whether a person is involved in |
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serious crime, the High Court may take account of any evidence admissible |
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under the Regulation of Investigatory Powers Act 2000 (c. 23). |
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(2) | Schedule 13 (which makes provision for the admissibility of intercept evidence |
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in cases involving serious crime) has effect. |
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5 | Involvement in serious crime: supplementary |
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(1) | In considering for the purposes of this Part whether a person has committed a |
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(a) | the court must decide that the person has committed the offence if— |
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(i) | he has been convicted of the offence; and |
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(ii) | the conviction has not been quashed on appeal nor has the |
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person been pardoned of the offence; but |
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(b) | the court must not otherwise decide that the person has committed the |
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(2) | In deciding for the purposes of this Part whether a person (“the respondent”) |
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facilitates the commission by another person of a serious offence, the court |
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(a) | any act that the respondent can show to be reasonable in the |
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(b) | subject to this, his intentions, or any other aspect of his mental state, at |
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(3) | In deciding for the purposes of this Part whether a person (“the respondent”) |
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conducts himself in a way that is likely to facilitate the commission by himself |
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or another person of a serious offence (whether or not such an offence is |
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committed), the court must ignore— |
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(a) | any act that the respondent can show to be reasonable in the |
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(b) | subject to this, his intentions, or any other aspect of his mental state, at |
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(4) | The Secretary of State may by order amend Schedule 1. |
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6 | Type of provision that may be made by orders |
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(1) | This section contains examples of the type of provision that may be made by a |
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serious crime prevention order but it does not limit the type of provision that |
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may be made by such an order. |
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(2) | Examples of prohibitions, restrictions or requirements that may be imposed by |
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serious crime prevention orders in England and Wales or Northern Ireland |
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include prohibitions, restrictions or requirements in relation to places other |
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than England and Wales or (as the case may be) Northern Ireland. |
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(3) | Examples of prohibitions, restrictions or requirements that may be imposed on |
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individuals (including partners in a partnership) by serious crime prevention |
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orders include prohibitions or restrictions on, or requirements in relation to— |
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(a) | an individual’s financial, property or business dealings or holdings; |
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(b) | an individual’s working arrangements; |
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(c) | the means by which an individual communicates or associates with |
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others, or the persons with whom he communicates or associates; |
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(d) | the premises to which an individual has access; |
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(e) | the use of any premises or item by an individual; |
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(f) | an individual’s travel (whether within the United Kingdom, between |
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the United Kingdom and other places or otherwise). |
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(4) | Examples of prohibitions, restrictions or requirements that may be imposed on |
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bodies corporate, partnerships and unincorporated associations by serious |
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crime prevention orders include prohibitions or restrictions on, or |
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requirements in relation to— |
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(a) | financial, property or business dealings or holdings of such persons; |
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(b) | the types of agreements to which such persons may be a party; |
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(c) | the provision of goods or services by such persons; |
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(d) | the premises to which such persons have access; |
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(e) | the use of any premises or item by such persons; |
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(f) | the employment of staff by such persons. |
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(5) | Examples of requirements that may be imposed on any persons by serious |
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crime prevention orders include— |
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(a) | a requirement on a person to answer questions, or provide information, |
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specified or described in an order— |
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(i) | at a time, within a period or at a frequency; |
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(iii) | in a form and manner; and |
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(iv) | to a law enforcement officer or description of law enforcement |
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| notified to the person by a law enforcement officer specified or |
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(b) | a requirement on a person to produce documents specified or |
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(i) | at a time, within a period or at a frequency; |
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(iv) | to a law enforcement officer or description of law enforcement |
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| notified to the person by a law enforcement officer specified or |
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(6) | The prohibitions, restrictions or requirements that may be imposed on |
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individuals by serious crime prevention orders include prohibitions, |
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restrictions or requirements in relation to an individual’s private dwelling |
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(including, for example, prohibitions or restrictions on, or requirements in |
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relation to, where an individual may reside). |
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“document” means anything in which information of any description is |
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recorded (whether or not in legible form); |
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“a law enforcement officer” means— |
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(b) | a member of the staff of the Serious Organised Crime Agency |
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who is for the time being designated under section 43 of the |
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Serious Organised Crime and Police Act 2005 (c. 15); |
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(c) | an officer of Revenue and Customs; or |
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(d) | a member of the Serious Fraud Office; and |
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“premises” includes any land, vehicle, vessel, aircraft or hovercraft. |
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(8) | Any reference in this Part to the production of documents is, in the case of a |
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document which contains information recorded otherwise than in legible form, |
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a reference to the production of a copy of the information in legible form. |
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