Serious Crime Bill [HL]

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Serious Crime Bill [HL]

Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders
14

(b)
has been convicted by or before the Crown Court of having committed
an offence under section 26 in relation to a serious crime prevention
order.
(2)
The Crown Court may—
(a)
in the case of an order in England and Wales; and
5
(b)
in addition to dealing with the person in relation to the offence;

vary the order if it has reasonable grounds to believe that the terms of the order
as varied would protect the public by preventing, restricting or disrupting
involvement by the person in serious crime in England and Wales.
(3)
Subsection (4) applies where the Crown Court in Northern Ireland is dealing
10
with a person who has been convicted by or before the Crown Court of an
offence under section 26 in relation to a serious crime prevention order.
(4)
The Crown Court may—
(a)
in the case of an order in Northern Ireland; and
(b)
in addition to dealing with the person in relation to the offence;
15

vary the order if it has reasonable grounds to believe that the terms of the order
as varied would protect the public by preventing, restricting or disrupting
involvement by the person in serious crime in Northern Ireland.
(5)
A variation under this section may be made only on an application by the
relevant applicant authority.
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(6)
A variation must not be made except—
(a)
in addition to a sentence imposed in respect of the offence concerned; or
(b)
in addition to an order discharging the person conditionally.
(7)
A variation may include an extension of the period during which the order, or
any provision of it, is in force (subject to the original limits imposed on the
25
order by section 17(2) and (4)(b)).
23
Inter-relationship between different types of orders
(1)
The fact that a serious crime prevention order has been made or varied by the
High Court does not prevent it from being varied by the Crown Court in
accordance with this Part.
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(2)
The fact that a serious crime prevention order has been made or varied by the
Crown Court does not prevent it from being varied or discharged by the High
Court in accordance with this Part.
(3)
A decision by the Crown Court not to make an order under section 20 does not
prevent a subsequent application to the High Court for an order under section
35
1 in consequence of the same offence.
(4)
A decision by the Crown Court not to vary a serious crime prevention order
under section 21 or 22 does not prevent a subsequent application to the High
Court for a variation of the order in consequence of the same offence.

Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders
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Appeals
24
Additional right of appeal from High Court
(1)
An appeal may be made to the Court of Appeal in relation to a decision of the
High Court—
(a)
to make a serious crime prevention order;
5
(b)
to vary, or not to vary, such an order; or
(c)
not to discharge such an order;

by any person who was given an opportunity to make representations in the
proceedings concerned by virtue of section 10(1), (2) or (as the case may be) (3).
(2)
Subsection (1) is without prejudice to the rights of other persons to make
10
appeals, by virtue of section 16 of the Senior Courts Act 1981 (c. 54) or section
35 of the Judicature (Northern Ireland) Act 1978 (c. 23), in relation to any
judgments or orders of the High Court about serious crime prevention orders.
25
Appeals from Crown Court to Court of Appeal
(1)
An appeal against a decision of the Crown Court in relation to a serious crime
15
prevention order may be made to the Court of Appeal by—
(a)
the person who is the subject of the order; or
(b)
the relevant applicant authority.
(2)
In addition, an appeal may be made to the Court of Appeal in relation to a
decision of the Crown Court—
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(a)
to make a serious crime prevention order; or
(b)
to vary, or not to vary, such an order;

by any person who was given an opportunity to make representations in the
proceedings concerned by virtue of section 10(4).
(3)
An appeal under this section lies only with the leave of the Court of Appeal.
25
Enforcement
26
Offence of failing to comply with order
(1)
A person who, without reasonable excuse, fails to comply with a serious crime
prevention order commits an offence.
(2)
A person who commits an offence under this section is liable—
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(a)
on summary conviction, to imprisonment for a term not exceeding 12
months or to a fine not exceeding the statutory maximum or to both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding
5 years or to a fine or to both.
(3)
In the application of subsection (2)(a) in Northern Ireland, the reference to 12
35
months is to be read as a reference to 6 months.
(4)
In proceedings for an offence under this section, a copy of the original order or
any variation of it, certified as such by the proper officer of the court which
made it, is admissible as evidence of its having been made and of its contents
to the same extent that oral evidence of those things is admissible in those
40
proceedings.

Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders
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Powers of forfeiture in respect of offence
(1)
The court before which a person is convicted of an offence under section 26
may order the forfeiture of anything in his possession at the time of the offence
which the court considers to have been involved in the offence.
(2)
Before making an order under subsection (1) in relation to anything the court
5
must give an opportunity to make representations to any person (in addition
to the convicted person) who claims to be the owner of that thing or otherwise
to have an interest in it.
(3)
An order under subsection (1) may not be made so as to come into force at any
time before there is no further possibility (ignoring any power to appeal out of
10
time) of the order being varied or set aside on appeal.
(4)
Where the court makes an order under subsection (1), it may also make such
other provision as it considers to be necessary for giving effect to the forfeiture.
(5)
That provision may, in particular, include provision relating to the retention,
handling, destruction or other disposal of what is forfeited.
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(6)
Provision made by virtue of this section may be varied at any time by the court
that made it.
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Powers to wind up companies etc: England and Wales
(1)
The Director of Public Prosecutions, the Director of Revenue and Customs
Prosecutions or the Director of the Serious Fraud Office may present a petition
20
to the court for the winding up of a company, partnership or relevant body if—
(a)
the company, partnership or relevant body has been convicted of an
offence under section 26 in relation to a serious crime prevention order;
and
(b)
the Director concerned considers that it would be in the public interest
25
for the company, partnership or (as the case may be) relevant body to
be wound up.
(2)
The Insolvency Act 1986 (c. 45) applies in relation to a petition under this
section for the winding up of a company as if it were a petition under section
124A of the Act of 1986 (petition for winding up on grounds of public interest)
30
but subject to the modifications in subsections (3) and (4).
(3)
Section 124(4)(b) of the Act of 1986 (application for winding up) applies in
relation to a petition under this section as if it permits the petition to be
presented by the Director of Public Prosecutions, the Director of Revenue and
Customs Prosecutions or the Director of the Serious Fraud Office.
35
(4)
The court may make an order under section 125 of the Act of 1986 (powers of
court on hearing of petition) to wind up the company only if—
(a)
the company has been convicted of an offence under section 26 in
relation to a serious crime prevention order; and
(b)
the court considers that it is just and equitable for the company to be
40
wound up.
(5)
Section 420 of the Act of 1986 (power to make provision about insolvent
partnerships) has effect as if the reference to an insolvent partnership were a
reference to a partnership to which this section applies.

Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders
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(6)
The Secretary of State may by order provide for the Act of 1986 to apply, with
such modifications as he considers appropriate, to a petition under this section
for the winding up of a relevant body.
(7)
An order made by virtue of subsection (5) or (6) must ensure that the court may
make an order to wind up the partnership or relevant body only if—
5
(a)
the partnership or relevant body has been convicted of an offence
under section 26 in relation to a serious crime prevention order; and
(b)
the court considers that it is just and equitable for the partnership or
relevant body to be wound up.
(8)
No petition may be presented, or order to wind up made, by virtue of this
10
section if—
(a)
an appeal against conviction for the offence concerned has been made
and not finally determined; or
(b)
the period during which such an appeal may be made has not expired.
(9)
No petition may be presented, or order to wind up made, by virtue of this
15
section if the company, partnership or relevant body is already being wound
up by the court.
(10)
In deciding for the purposes of subsection (8) whether an appeal is finally
determined or whether the period during which an appeal may be made has
expired, any power to appeal out of time is to be ignored.
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(11)
In this section—
“company” has the same meaning as in Parts 1 to 7 of the Insolvency Act
1986 (c. 45) (see section 251 of that Act) but—
(a)
does not include a relevant body; and
(b)
subject to this, does include an unregistered company within
25
the meaning of Part 5 of that Act (see section 220 of that Act);
“the court” has the same meaning as in Parts 1 to 7 of the Insolvency Act
1986 but does not include a court in Scotland or Northern Ireland;
“an industrial and provident society” means a society registered under
the Industrial and Provident Societies Act 1965 (c. 12) or a society
30
deemed by virtue of section 4 of that Act to be so registered; and
“relevant body” means—
(a)
a building society (within the meaning of the Building Societies
Act 1986 (c. 53));
(b)
an incorporated friendly society (within the meaning of the
35
Friendly Societies Act 1992 (c. 40));
(c)
an industrial and provident society; or
(d)
such other description of person as may be specified by order
made by the Secretary of State;

and the references to sections 124 to 125 of the Insolvency Act 1986 include
40
references to those sections as applied by section 221(1) of that Act
(unregistered companies).
29
Powers to wind up companies etc: Northern Ireland
(1)
The Director of Public Prosecutions for Northern Ireland may present a
petition to the court for the winding up of a company, partnership or relevant
45
body if—

Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders
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(a)
the company, partnership or relevant body has been convicted of an
offence under section 26 in relation to a serious crime prevention order;
and
(b)
the Director of Public Prosecutions for Northern Ireland considers that
it would be in the public interest for the company, partnership or (as the
5
case may be) relevant body to be wound up.
(2)
The Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) applies
in relation to a petition under this section for the winding up of a company as
if it were a petition under Article 104A of the Order of 1989 (petition for
winding up on grounds of public interest) but subject to the modifications in
10
subsections (3) and (4).
(3)
Article 104(5)(b) of the Order of 1989 (application for winding up) applies in
relation to a petition under this section as if it permits the petition to be
presented by the Director of Public Prosecutions for Northern Ireland.
(4)
The court may make an order under Article 105 of the Order of 1989 (powers
15
of court on hearing of petition) to wind up the company only if—
(a)
the company has been convicted of an offence under section 26 in
relation to a serious crime prevention order; and
(b)
the court considers that it is just and equitable for the company to be
wound up.
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(5)
Article 364 of the Order of 1989 (power to make provision about insolvent
partnerships) has effect as if the reference to an insolvent partnership were a
reference to a partnership to which this section applies.
(6)
The Secretary of State may by order provide for the Order of 1989 to apply,
with such modifications as he considers appropriate, to a petition under this
25
section for the winding up of a relevant body.
(7)
An order made by virtue of subsection (5) or (6) must ensure that the court may
make an order to wind up the partnership or relevant body only if—
(a)
the partnership or relevant body has been convicted of an offence
under section 26 in relation to a serious crime prevention order; and
30
(b)
the court considers that it is just and equitable for the partnership or
relevant body to be wound up.
(8)
No petition may be presented, or order to wind up made, by virtue of this
section if—
(a)
an appeal against conviction for the offence concerned has been made
35
and not finally determined; or
(b)
the period during which such an appeal may be made has not expired.
(9)
No petition may be presented, or order to wind up made, by virtue of this
section if the company, partnership or relevant body is already being wound
up by the court.
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(10)
In deciding for the purposes of subsection (8) whether an appeal is finally
determined or whether the period during which an appeal may be made has
expired, any power to appeal out of time is to be ignored.
(11)
In this section—
“company” has the same meaning as in Parts 2 to 7 of the Insolvency
45
(Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) (see Article 5 of
that Order) but—

Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders
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(a)
does not include a relevant body; and
(b)
subject to this, does include an unregistered company within
the meaning of Part 6 of that Order (see Article 184 of that
Order);
“the court” means the High Court in Northern Ireland;
5
“an industrial and provident society” means a society registered under
the Industrial and Provident Societies Act (Northern Ireland) 1969 (c.
24) or a society deemed by virtue of section 4 of that Act to be so
registered; and
“relevant body” means—
10
(a)
a building society (within the meaning of the Building Societies
Act 1986 (c. 53));
(b)
an incorporated friendly society (within the meaning of the
Friendly Societies Act 1992 (c. 40));
(c)
an industrial and provident society; or
15
(d)
such other description of person as may be specified by order
made by the Secretary of State;

and the references to Articles 104 to 105 of the Insolvency (Northern Ireland)
Order 1989 (S.I. 1989/2405 (N.I.19)) include references to those Articles as
applied by Article 185(1) of that Order (unregistered companies).
20
Particular types of bodies
30
Bodies corporate including limited liability partnerships
(1)
For the purposes of section 11 in its application to a serious crime prevention
order against a body corporate or to the variation of such an order—
(a)
a notice setting out the terms of the order or variation—
25
(i)
is delivered to the body corporate in person if it is delivered to
an officer of the body corporate in person; and
(ii)
is sent by recorded delivery to the body corporate at its last-
known address if it is so sent to an officer of the body corporate
at the address of the registered office of that body or at the
30
address of its principal office in the United Kingdom; and
(b)
the power conferred by subsection (3) of that section is a power to enter
any premises where the person exercising the power has reasonable
grounds for believing an officer of the body corporate to be and to
search those premises for the officer.
35
(2)
If an offence under section 26 committed by a body corporate is proved to have
been committed with the consent or connivance of—
(a)
an officer of the body corporate; or
(b)
a person who was purporting to act in any such capacity;

he (as well as the body corporate) is guilty of the offence and liable to be
40
proceeded against and punished accordingly.
(3)
Nothing in this section prevents a serious crime prevention order from being
made against an officer or employee of a body corporate or against any other
person associated with a body corporate.
(4)
In this section—
45
“body corporate” includes a limited liability partnership;

Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders
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“director”, in relation to a body corporate whose affairs are managed by
its members, means a member of the body corporate; and
“officer of a body corporate” means any director, manager, secretary or
other similar officer of the body corporate.
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Other partnerships
5
(1)
A serious crime prevention order against a partnership must be made in the
name of the partnership (and not in that of any of the partners).
(2)
An order made in the name of the partnership continues to have effect despite
a change of partners provided that at least one of the persons who was a
partner before the change remains a partner after it.
10
(3)
For the purposes of this Part, a partnership is involved in serious crime in
England and Wales, Northern Ireland or elsewhere if the partnership, or any
of the partners, is so involved; and involvement in serious crime in England
and Wales or Northern Ireland is to be read accordingly.
(4)
For the purposes of section 11 in its application to a serious crime prevention
15
order against a partnership or to the variation of such an order—
(a)
a notice setting out the terms of the order or variation—
(i)
is delivered to the partnership in person if it is delivered to any
of the partners in person or to a senior officer of the partnership
in person; and
20
(ii)
is sent by recorded delivery to the partnership at its last-known
address if it is so sent to any of the partners or to a senior officer
of the partnership at the address of the principal office of the
partnership in the United Kingdom; and
(b)
the power conferred by subsection (3) of that section is a power to enter
25
any premises where the person exercising the power has reasonable
grounds for believing a partner or senior officer of the partnership to be
and to search those premises for the partner or senior officer.
(5)
Proceedings for an offence under section 26 alleged to have been committed by
a partnership must be brought in the name of the partnership (and not in that
30
of any of the partners).
(6)
For the purposes of such proceedings—
(a)
rules of court relating to the service of documents have effect as if the
partnership were a body corporate; and
(b)
the following provisions apply as they apply in relation to a body
35
corporate—
(i)
section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule
3 to the Magistrates’ Courts Act 1980 (c. 43);
(ii)
sections 70 and 143 of the Criminal Procedure (Scotland) Act
1995 (c. 46); and
40
(iii)
section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c.
15 (N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern
Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)).
(7)
A fine imposed on the partnership on its conviction for an offence under
section 26 is to be paid out of the partnership assets.
45
(8)
If an offence under section 26 committed by a partnership is proved to have
been committed with the consent or connivance of a partner or a senior officer