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Serious Crime Bill [HL]


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

21

 

of the partnership, he (as well as the partnership) is guilty of the offence and

liable to be proceeded against and punished accordingly.

(9)   

For the purposes of subsection (8)—

(a)   

references to a partner or to a senior officer of a partnership include

references to any person purporting to act in such a capacity; and

5

(b)   

subsection (5) is not to be read as prejudicing any liability of a partner

under subsection (8).

(10)   

Nothing in this section prevents a serious crime prevention order from being

made against—

(a)   

a particular partner; or

10

(b)   

a senior officer or employee of a partnership or any other person

associated with a partnership.

(11)   

In this section—

“senior officer of a partnership” means any person who has the control or

management of the business carried on by the partnership at the

15

principal place where it is carried on; and

“partnership” does not include a limited liability partnership.

32      

Unincorporated associations

(1)   

A serious crime prevention order against an unincorporated association must

be made in the name of the association (and not in that of any of its members).

20

(2)   

An order made in the name of the association continues to have effect despite

a change in the membership of the association provided that at least one of the

persons who was a member of the association before the change remains a

member after it.

(3)   

For the purposes of section 11 in its application to a serious crime prevention

25

order against an unincorporated association 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 association in person if it is delivered to an

officer of the association in person; and

30

(ii)   

is sent by recorded delivery to the association at its last-known

address if it is so sent to an officer of the association at the

address of the principal office of the association in the United

Kingdom; and

(b)   

the power conferred by subsection (3) of that section is a power to enter

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any premises where the person exercising the power has reasonable

grounds for believing an officer of the association to be and to search

those premises for the officer.

(4)   

Proceedings for an offence under section 26 alleged to have been committed by

an unincorporated association must be brought in the name of the association

40

(and not in that of any of its members).

(5)   

For the purposes of such proceedings—

(a)   

rules of court relating to the service of documents have effect as if the

association were a body corporate; and

(b)   

the following provisions apply as they apply in relation to a body

45

corporate—

 
 

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

22

 

(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

(iii)   

section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c.

5

15 (N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern

Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)).

(6)   

A fine imposed on the association on its conviction for an offence under section

26 is to be paid out of the funds of the association.

(7)   

If an offence under section 26 committed by an unincorporated association is

10

proved to have been committed with the consent or connivance of an officer of

the association, he (as well as the association) is guilty of the offence and liable

to be proceeded against and punished accordingly.

(8)   

For the purposes of subsection (7)—

(a)   

references to an officer of an unincorporated association include

15

references to any person purporting to act in such a capacity; and

(b)   

subsection (4) is not to be read as prejudicing any liability of an officer

of an unincorporated association under subsection (7).

(9)   

Nothing in this section prevents a serious crime prevention order from being

made against—

20

(a)   

a member, officer or employee of an unincorporated association; or

(b)   

any other person associated with an unincorporated association.

(10)   

In this section—

“officer of an unincorporated association” means any officer of an

unincorporated association or any member of its governing body; and

25

“unincorporated association” means any body of persons unincorporate

but does not include a partnership.

33      

Overseas bodies

The Secretary of State may by order modify section 30, 31 or 32 in its

application to a body of persons formed under law having effect outside the

30

United Kingdom.

Supplementary

34      

Proceedings in the High Court

(1)   

Proceedings before the High Court in relation to serious crime prevention

orders are civil proceedings.

35

(2)   

One consequence of this is that the standard of proof to be applied by the court

in such proceedings is the civil standard of proof.

35      

Proceedings in the Crown Court

(1)   

Proceedings before the Crown Court arising by virtue of section 20, 21 or 22 are

civil proceedings.

40

 
 

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

23

 

(2)   

One consequence of this is that the standard of proof to be applied by the court

in such proceedings is the civil standard of proof.

(3)   

Two other consequences of this are that the court—

(a)   

is not restricted to considering evidence that would have been

admissible in the criminal proceedings in which the person concerned

5

was convicted; and

(b)   

may adjourn any proceedings in relation to a serious crime prevention

order even after sentencing the person concerned.

(4)   

The power to make rules of court under section 1 of, and Schedule 1 to, the

Civil Procedure Act 1997 (c. 12) is exercisable in relation to the Crown Court in

10

its jurisdiction in England and Wales under this Part.

(5)   

Rules made by virtue of subsection (4) may, in particular, make provision of

the same kind as that made by rules in relation to the High Court made under

section 1 of, and Schedule 1 to, the Civil Procedure Act 1997.

(6)   

A serious crime prevention order may be made as mentioned in section

15

20(7)(b) in spite of anything in sections 12 and 14 of the Powers of Criminal

Courts (Sentencing) Act 2000 (c. 6) or (as the case may be) Articles 4 and 6 of

the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24))

(which relate to orders discharging a person absolutely or conditionally and

their effect).

20

(7)   

A variation of a serious crime prevention order may be made as mentioned in

section 21(6)(b) or 22(6)(b) in spite of anything in sections 12 and 14 of the Act

of 2000 or (as the case may be) Articles 4 and 6 of the Order of 1996.

36      

Functions of applicant authorities

Schedule 2 (functions of applicant authorities under this Part) has effect.

25

37      

Disclosure of information in accordance with orders

(1)   

A person who complies with a requirement imposed by a serious crime

prevention order to answer questions, provide information or produce

documents does not breach—

(a)   

any obligation of confidence; or

30

(b)   

any other restriction on making the disclosure concerned (however

imposed).

(2)   

But see sections 12 to 15 (which limit the requirements that may be imposed by

serious crime prevention orders in connection with answering questions,

providing information or producing documents).

35

38      

Powers of law enforcement officers to retain documents

(1)   

A law enforcement officer—

(a)   

may take and retain copies of, or extracts from, any document

produced to a law enforcement officer in pursuance of a serious crime

prevention order; and

40

(b)   

may retain any document so produced for as long as he considers that

it is necessary to retain it (rather than any copy of it) for the purposes

for which the document was obtained.

 
 

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

24

 

(2)   

A law enforcement officer may retain any document produced to a law

enforcement officer in pursuance of a serious crime prevention order until the

conclusion of any legal proceedings if he has reasonable grounds for believing

that the document—

(a)   

may have to be produced for the purposes of those proceedings; and

5

(b)   

might be unavailable unless retained.

Interpretation: Part 1

39      

Interpretation: Part 1

In this Part—

“act” and “conduct” include omissions and statements;

10

“country” includes territory;

“modifications” includes additions and omissions (and “modify” is to be

read accordingly);

“the public” includes a section of the public or a particular member of the

public.

15

40      

Index of defined expressions: Part 1

In this Part, the expressions listed in the left-hand column have the meaning

given by, or are to be interpreted in accordance with, the provisions listed in

the right-hand column.

 

Expression

Provision

 

20

 

act

section 39

 
 

committed a serious offence

section 5(1)

 
 

conduct

section 39

 
 

conducts oneself in a way likely to facilitate the

section 5(3)

 
 

commission by oneself or another person of a

  

25

 

serious offence

  
 

country

section 39

 
 

Director of Public Prosecutions, Director of

Paragraphs 2(2), 7(2),

 
 

Revenue and Customs Prosecutions, Director of

13(2) and 17 of

 
 

the Serious Fraud Office and Director of Public

Schedule 2

 

30

 

Prosecutions for Northern Ireland

  
 

document

section 6(7)

 
 

facilitates the commission by another person of a

section 5(2)

 
 

serious offence

  
 

involvement in serious crime: England and

sections 2, 5 and 31(3)

 

35

 

Wales orders

  
 
 

Serious Crime Bill [HL]
Part 2 — Encouraging or assisting crime

25

 
 

Expression

Provision

 
 

involvement in serious crime: Northern Ireland

sections 3, 5 and 31(3)

 
 

orders

  
 

law enforcement officer

section 6(7)

 
 

modifications (and modify)

section 39

 

5

 

person who is the subject of a serious crime

section 1(6)

 
 

prevention order

  
 

premises

section 6(7)

 
 

production of documents

section 6(8)

 
 

the public

section 39

 

10

 

relevant applicant authority

section 11(4)

 
 

serious crime prevention order

section 1(5)

 
 

serious offence in England and Wales

section 2(2)

 
 

serious offence in Northern Ireland

section 3(2)

 
 

Part 2

15

Encouraging or assisting crime

Inchoate offences

41      

Intentionally encouraging or assisting an offence

(1)   

A person commits an offence if—

(a)   

he does an act capable of encouraging or assisting the commission of an

20

offence; and

(b)   

he intends to encourage or assist its commission.

(2)   

But he is not to be taken to have intended to encourage or assist the commission

of an offence merely because such encouragement or assistance was a

foreseeable consequence of his act.

25

42      

Encouraging or assisting an offence believing it will be committed

A person commits an offence if—

(a)   

he does an act capable of encouraging or assisting the commission of an

offence; and

(b)   

he believes—

30

(i)   

that the offence will be committed; and

(ii)   

that his act will encourage or assist its commission.

 
 

 
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