Serious Crime Bill [HL]

House of Commons

Session 2006 - 07
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Serious Crime Bill [HL]

Serious Crime Bill [HL]
Schedule 13 — Intercept evidence
120

Schedule 13
Section 4

Intercept evidence
Admissibility of intercept and metering evidence
1     (1)
Notwithstanding section 17 of the Regulation of Investigatory Powers Act
2000 (c. 23) (“RIPA”), evidence of—
5
(a)
the contents of an intercepted communication (“intercept evidence”),
and
(b)
communications data (“metering evidence”),

shall be admissible in criminal proceedings to which this paragraph applies.
      (2)
This paragraph applies to—
10
(a)
proceedings in respect of serious crime;
(b)
proceedings in respect of an offence or offences relating to terrorism.
      (3)
An application for permission to introduce intercept evidence or metering
evidence, or both, may be made by the prosecution for the purpose of
conducting a criminal prosecution to which this paragraph applies, and not
15
otherwise.
      (4)
Unless and until an application has been made by the prosecution in any
such proceedings, the provisions of section 17 of RIPA (exclusion of matters
from legal proceedings) shall continue to apply in connection with those
proceedings.
20
Considerations for allowing intercept or metering evidence
2
In deciding whether to admit intercept or metering evidence, the court shall
take account of all relevant considerations, including in particular—
(a)
any application by the Secretary of State to withhold the evidence or
part of the evidence on the ground that its disclosure, or the
25
disclosure of facts relating to the obtaining of the evidence, would be
contrary to the public interest, and
(b)
any submission that the evidence was obtained unlawfully.
Interpretation
3
In this Schedule—
30
“communications data” has the same meaning as in section 21(4) of
RIPA;
“intercepted communication” has the same meaning as in section 4 of
RIPA;
“RIPA” means the Regulation of Investigatory Powers Act 2000;
35
“serious crime” has the same meaning as in section 81(2)(b) of RIPA;
“terrorism” has the same meaning as in the Terrorism Act 2000 (c. 11).
Minor and consequential amendments
4     (1)
In section 5(3)(b) of RIPA, for the words “or detecting” substitute “, detecting
or prosecuting”.
40

Serious Crime Bill [HL]
Schedule 14 — Transitional and transitory provisions and savings
121

      (2)
In section 17(1) of RIPA, after the words “Subject to section 18” insert “and
the provisions of Schedule 1 to the Serious Crime Act 2007”.
Schedule 14
Section 81(1)

Transitional and transitory provisions and savings
Serious crime prevention orders
5
1
In deciding for the purposes of paragraph (a) of section 1(1) or (2) whether a
person has been involved in serious crime, the court may take account of
conduct before the coming into force of that provision as well as conduct
after the coming into force of that provision.
2     (1)
Section 20, 21 or 22 does not apply to a person who is being dealt with on or
10
after the coming into force of the section in relation to an offence of which
the person was convicted before the coming into force of the section.
      (2)
Sub-paragraph (1) does not prevent an application to the High Court for a
serious crime prevention order in connection with the offence concerned.
3
In the application of section 24(2) before the commencement of paragraph
15
1(1) of Part 1 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4)
(citation of acts and rules), the reference to the Senior Courts Act 1981 (c. 54)
is to be read as a reference to the Supreme Court Act 1981 (c. 54).
4
In the application of section 26(2)(a)—
(a)
in England and Wales, in relation to an offence committed before the
20
commencement of section 282(1) of the Criminal Justice Act 2003
(c. 44) (increase in sentencing powers of magistrates’ court from 6 to
12 months for certain offences triable either way); and
(b)
in Scotland, until the commencement of section 45(1) of the Criminal
Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) (increase in
25
sentencing powers from 6 to 12 months);

the reference to 12 months is to be read as a reference to 6 months.
Encouraging or assisting crime
5     (1)
Nothing in any provision of Part 2 affects the operation of—
(a)
any rule of the common law; or
30
(b)
any provision made by or under an Act or Northern Ireland
legislation;

in relation to offences committed wholly or partly before the
commencement of the provision in Part 2 concerned.
      (2)
For the purposes of sub-paragraph (1), an offence is partly committed before
35
commencement if—
(a)
a relevant event occurs before commencement; and
(b)
another relevant event occurs on or after commencement.
      (3)
In this paragraph “relevant event”, in relation to an offence, means any act
or other event (including any consequence of an act) proof of which is
40
required for conviction of the offence.

Serious Crime Bill [HL]
Schedule 15 — Repeals and revocations
122

6
In relation to any time before the coming into force of section 27(1) of the
Justice (Northern Ireland) Act 2002 (c. 26), the reference in section 50(b) to
the Advocate General for Northern Ireland is to be read as a reference to the
Attorney General for Northern Ireland.
Data-sharing
5
7
In the application of section 65(1)(a)—
(a)
in England and Wales, in relation to an offence committed before the
commencement of section 282(1) of the Criminal Justice Act 2003
(c. 44) (increase in sentencing powers of magistrates’ court from 6 to
12 months for certain offences triable either way); and
10
(b)
in Scotland, until the commencement of section 45(1) of the Criminal
Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) (increase in
sentencing powers from 6 to 12 months);

the reference to 12 months is to be read as a reference to 6 months.
Data matching
15
8
In relation to an offence committed before the commencement of section
282(1) of the Criminal Justice Act 2003 (increase in sentencing powers of
magistrates’ court from 6 to 12 months for certain offences triable either
way), the reference to 12 months in each of the following provisions is to be
read as a reference to 6 months—
20
(a)
section 32D(8)(b) of the Audit Commission Act 1998 (c. 18) (as
inserted by paragraph 2 of Schedule 7 to this Act);
(b)
section 64D(8)(b) of the Public Audit (Wales) Act 2004 (c. 23) (as
inserted by paragraph 4 of that Schedule).
Schedule 15
25
Section 82

Repeals and revocations

Title
Extent of repeal or revocation

Parliamentary Commissioner
In Schedule 2—

Act 1967 (c. 13)
(a)
the entry for “The Director of the Assets

Recovery Agency.”;

30

(b)
the paragraph in the Notes headed

“Assets Recovery Agency”.

Criminal Appeal Act 1968
Section 33(1A).

(c. 19)

Criminal Law Act 1977 (c. 45)
Section 5(7).

35

Magistrates’ Courts Act 1980
Section 32(1)(b).

(c. 43)
Section 45.

In Schedule 1, paragraph 35.

Criminal Appeal (Northern
In section 31—

Ireland) Act 1980 (c. 47)
(a)
subsection (1A);

40

(b)
in subsection (3), the words “, subject to

subsection (1A) above,”.

Serious Crime Bill [HL]
Schedule 15 — Repeals and revocations
123

Title
Extent of repeal or revocation

Legal Aid, Advice and
In paragraph 2A(1)(a) of Part 1 of Schedule 1,

Assistance (Northern
the words “or 204(3)”.

Ireland) Order 1981 (S.I.

1981/228 (N.I.8))

5

Magistrates’ Courts (Northern
Article 60(1).

Ireland) Order 1981 (S.I.

1981/1675 (N.I.26))

Criminal Attempts and
Article 13(8).

Conspiracy (Northern

10

Ireland) Order 1983 (S.I.

1983/1120 (N.I.13))

Bankruptcy (Scotland) Act 1985
In section 31A(1)(b), the word “52,”.

(c. 66)

Insolvency Act 1986 (c. 45)
In section 306A(1)(b), the word “52,”.

15

Public Order Act 1986 (c. 64)
In section 12(10), the words from

“notwithstanding” to the end.

In section 13(13), the words from

“notwithstanding” to the end.

In section 14(10), the words from

20

“notwithstanding” to the end.

In section 14B(7), the words from

“notwithstanding” to the end.

Insolvency (Northern Ireland)
In Article 279A(1)(b), the word “52,”.

Order 1989 (S.I. 1989/2405

25

(N.I.19))

Computer Misuse Act 1990
Section 6(3).

(c. 18)
Section 7(4).

In section 8(3), the words “or by virtue of section

7(4) above”.

30

Section 9(2)(d).

In section 16(4), the words from “and any

reference” to the end.

Police Act 1996 (c. 16)
In section 97—

(a)
subsection (1)(ce);

35

(b)
in subsections (6)(a) and (8)(a), the word

“(ce),”.

Police Act 1997 (c. 50)
In section 108(1), the definition of “customs

officer”.

Police (Northern Ireland) Act
In section 27—

40

1998 (c. 32)
(a)
subsection (1)(ca);

(b)
in subsection (5)(b), the word “(ca),”;

(c)
in subsection (7), the word “, (ca)”.

Access to Justice Act 1999 (c. 22)
In paragraph 3(1)(b) of Schedule 2, the words

“or 56(3)”.

45

Regulation of Investigatory
In section 56(1), the definition of “the customs

Powers Act 2000 (c. 23)
and excise”.

In section 81(1), the definition of “customs

officer”.

Serious Crime Bill [HL]
Schedule 15 — Repeals and revocations
124

Title
Extent of repeal or revocation

International Criminal Court
Section 55(3).

Act 2001 (c. 17)
Section 62(3).

Proceeds of Crime Act 2002
Sections 1 and 2.

(c. 29)
Section 3(6) and (8).

5

Sections 4 and 5.

In section 6(3)(a), the words “or the Director”.

In section 11(7), paragraph (b) and the word

“or” before it.

In section 14(7)(b), the words “or the Director

10

(as the case may be)”.

In section 16—

(a)
in subsection (1), the words “or the

Director (as the case may be)”;

(b)
in subsection (3), the words “or the

15

Director (as the case may be)” and “or

the Director”;

(c)
in subsection (4), the words “or

Director”;

(d)
in subsection (5), the words “or the

20

Director (as the case may be)” and “or

the Director”;

(e)
in subsection (6), the words “or the

Director”.

In section 17(1), the words “or the Director”.

25

In section 18(6), the words “or the Director (as

the case may be)”.

In section 19(1)(c), the words “or the Director”.

In section 20—

(a)
subsection (3);

30

(b)
in subsection (4), the words from “If the

court” to “to do so,” and, in paragraph

(b), the words “or the Director”.

In section 21(1)(b), (c) and (d), the words “or the

Director”.

35

In section 22(2), paragraph (b) and, in paragraph

(c), the words “or 52”.

In section 23(1)(b), the words “or 52”.

In section 26—

(a)
in subsection (1)(b), the words “or the

40

Director”;

(b)
in subsection (2), in paragraph (a), the

words “or the Director (as the case may

be)” and, in paragraph (b), the words “or

the Director”.

45

In section 27—

(a)
in subsection (3)(a), the words “or the

Director”;

(b)
in subsection (5)(b), the words “or the

Director (as the case may be)”;

50

(c)
in subsection (7), the words “or the

Director”.

Serious Crime Bill [HL]
Schedule 15 — Repeals and revocations
125

Title
Extent of repeal or revocation

Proceeds of Crime Act 2002
In section 28—

(c. 29)—cont.
(a)
in subsection (3)(a), the words “or the

Director”;

(b)
in subsection (5)(b), the words “or the

5

Director (as the case may be)”.

In section 31—

(a)
in the heading, the words “or Director”;

(b)
in subsections (1) and (2), the words “or

the Director”.

10

In section 33(2)—

(a)
in paragraph (a), the words “(if the

prosecutor appealed under section 31)”;

(b)
paragraph (b).

Section 34.

15

In section 35(1), paragraph (b) and the word

“and” before it.

Sections 36 and 37.

Section 39(6).

In section 40—

20

(a)
in subsections (4)(a), (5)(a) and (6)(a), the

words “or the Director”;

(b)
in subsection (8)(b), the words “or the

Director (as the case may be)”.

Section 42(2)(b).

25

Sections 52 and 53.

Sections 56 and 57.

Section 60.

In section 63(1)(b), the words from “or”, where it

first appears, to “Director”.

30

In section 64—

(a)
in subsection (1)(b), the words from “or”

to “section 52”;

(b)
subsection (3).

In section 65—

35

(a)
in subsections (1) and (2), the words “or

section 53”;

(b)
in subsection (5)(a), the words from “or”,

where it first appears, to “Director”.

Section 67(4)(c).

40

In section 74(1)—

(a)
in paragraph (b), the words “or the

Director”;

(b)
in paragraph (c), the words “or the

Director (as the case may be)”.

45

In section 156(3)(a), the words “or the Director”.

In section 161(7), paragraph (b) and the word

“or” before it.

In section 164(7)(b), the words “or the Director

(as the case may be)”.

50

Serious Crime Bill [HL]
Schedule 15 — Repeals and revocations
126

Title
Extent of repeal or revocation

Proceeds of Crime Act 2002
In section 166—

(c. 29)—cont.
(a)
in subsection (1), the words “or the

Director (as the case may be)”;

(b)
in subsection (3), the words “or the

5

Director (as the case may be)” and “or

the Director”;

(c)
in subsection (4), the words “or

Director”;

(d)
in subsection (5), the words “or the

10

Director (as the case may be)” and “or

the Director”;

(e)
in subsection (6), the words “or the

Director”.

In section 167(1), the words “or the Director”.

15

In section 168(6), the words “or the Director (as

the case may be)”.

In section 169(1)(c), the words “or the Director”.

In section 170—

(a)
subsection (3);

20

(b)
in subsection (4), the words from “If the

court” to “to do so,” and, in paragraph

(b), the words “or the Director”.

In section 171(1)(b), (c) and (d), the words “or

the Director”.

25

In section 172(2), paragraph (b) and, in

paragraph (c), the words “or 200”.

In section 173(1)(b), the words “or 200”.

In section 176—

(a)
in subsection (1)(b), the words “or the

30

Director”;

(b)
in subsection (2), in paragraph (a), the

words “or the Director (as the case may

be)” and, in paragraph (b), the words “or

the Director”.

35

In section 177—

(a)
in subsection (3)(a), the words “or the

Director”;

(b)
in subsection (5)(b), the words “or the

Director (as the case may be)”;

40

(c)
in subsection (7), the words “or the

Director”.

In section 178—

(a)
in subsection (3)(a), the words “or the

Director”;

45

(b)
in subsection (5)(b), the words “or the

Director (as the case may be)”.

In section 181—

(a)
in the heading, the words “or Director”;

(b)
in subsections (1) and (2), the words “or

50

the Director”.