|
| |
|
General safeguards in relation to orders |
| |
7 | Any individual must be 18 or over |
| |
An individual under the age of 18 may not be the subject of a serious crime |
| |
| |
| 5 |
A person may not be the subject of a serious crime prevention order if the |
| |
person falls within a description specified by order of the Secretary of State. |
| |
9 | Limited class of applicants for making of orders |
| |
A serious crime prevention order may be made only on an application by— |
| |
(a) | in the case of an order in England and Wales— |
| 10 |
(i) | the Director of Public Prosecutions; |
| |
(ii) | the Director of Revenue and Customs Prosecutions; or |
| |
(iii) | the Director of the Serious Fraud Office; and |
| |
(b) | in the case of an order in Northern Ireland, the Director of Public |
| |
Prosecutions for Northern Ireland. |
| 15 |
10 | Right of third parties to make representations |
| |
(1) | The High Court must, on an application by a person, give the person an |
| |
opportunity to make representations in proceedings before it about the making |
| |
of a serious crime prevention order if it considers that the making of the order |
| |
would be likely to have a significant adverse effect on that person. |
| 20 |
(2) | The High Court must, on an application by a person, give the person an |
| |
opportunity to make representations in proceedings before it about the |
| |
variation of a serious crime prevention order if it considers that— |
| |
(a) | the variation of the order; or |
| |
(b) | a decision not to vary it; |
| 25 |
| would be likely to have a significant adverse effect on that person. |
| |
(3) | The High Court must, on an application by a person, give the person an |
| |
opportunity to make representations in proceedings before it about the |
| |
discharge of a serious crime prevention order if it considers that— |
| |
(a) | the discharge of the order; or |
| 30 |
(b) | a decision not to discharge it; |
| |
| would be likely to have a significant adverse effect on that person. |
| |
(4) | The Crown Court must, on an application by a person, give the person an |
| |
opportunity to make representations in proceedings before it arising by virtue |
| |
of section 20, 21 or 22 if it considers that the making or variation of the serious |
| 35 |
crime prevention order concerned (or a decision not to vary it) would be likely |
| |
to have a significant adverse effect on that person. |
| |
(5) | A court which is considering an appeal in relation to a serious crime prevention |
| |
order must, on an application by a person, give the person an opportunity to |
| |
make representations in the proceedings if that person was given an |
| 40 |
opportunity to make representations in the proceedings which are the subject |
| |
| |
|
| |
|
| |
|
11 | Notice requirements in relation to orders |
| |
(1) | The subject of a serious crime prevention order is bound by it or a variation of |
| |
| |
(a) | he is represented (whether in person or otherwise) at the proceedings |
| |
at which the order or (as the case may be) variation is made; or |
| 5 |
(b) | a notice setting out the terms of the order or (as the case may be) |
| |
variation has been served on him. |
| |
(2) | The notice may be served on him by— |
| |
(a) | delivering it to him in person; or |
| |
(b) | sending it by recorded delivery to him at his last-known address |
| 10 |
(whether residential or otherwise). |
| |
(3) | For the purposes of delivering such a notice to him in person, a constable or a |
| |
person authorised for the purpose by the relevant applicant authority may (if |
| |
| |
(a) | enter any premises where he has reasonable grounds for believing the |
| 15 |
| |
(b) | search those premises for him. |
| |
(4) | In this Part “the relevant applicant authority” means— |
| |
(a) | in relation to a serious crime prevention order in England and Wales— |
| |
(i) | where the order was applied for by the Director of Public |
| 20 |
Prosecutions, the Director of Public Prosecutions; |
| |
(ii) | where the order was applied for by the Director of Revenue and |
| |
Customs Prosecutions, the Director of Revenue and Customs |
| |
| |
(iii) | where the order was applied for by the Director of the Serious |
| 25 |
Fraud Office, the Director of the Serious Fraud Office; and |
| |
(b) | in relation to a serious crime prevention order in Northern Ireland, the |
| |
Director of Public Prosecutions for Northern Ireland. |
| |
| |
12 | Restrictions on oral answers |
| 30 |
A serious crime prevention order may not require a person to answer |
| |
questions, or provide information, orally. |
| |
13 | Restrictions for legal professional privilege |
| |
(1) | A serious crime prevention order may not require a person— |
| |
(a) | to answer any privileged question; |
| 35 |
(b) | to provide any privileged information; or |
| |
(c) | to produce any privileged document. |
| |
(2) | A “privileged question” is a question which the person would be entitled to |
| |
refuse to answer on grounds of legal professional privilege in proceedings in |
| |
| 40 |
(3) | “Privileged information” is information which the person would be entitled to |
| |
refuse to provide on grounds of legal professional privilege in such |
| |
| |
|
| |
|
| |
|
(4) | A “privileged document” is a document which the person would be entitled to |
| |
refuse to produce on grounds of legal professional privilege in such |
| |
| |
(5) | But subsection (1) does not prevent an order from requiring a lawyer to |
| |
provide the name and address of a client of his. |
| 5 |
14 | Restrictions on excluded material and banking information |
| |
(1) | A serious crime prevention order may not require a person to produce— |
| |
(a) | in the case of an order in England and Wales, any excluded material as |
| |
defined by section 11 of the Police and Criminal Evidence Act 1984 |
| |
| 10 |
(b) | in the case of an order in Northern Ireland, any excluded material as |
| |
defined by Article 13 of the Police and Criminal Evidence (Northern |
| |
Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)). |
| |
(2) | A serious crime prevention order may not require a person to disclose any |
| |
information or produce any document in respect of which he owes an |
| 15 |
obligation of confidence by virtue of carrying on a banking business unless |
| |
| |
(3) | Condition A is that the person to whom the obligation of confidence is owed |
| |
consents to the disclosure or production. |
| |
(4) | Condition B is that the order contains a requirement— |
| 20 |
(a) | to disclose information, or produce documents, of this kind; or |
| |
(b) | to disclose specified information which is of this kind or to produce |
| |
specified documents which are of this kind. |
| |
15 | Restrictions relating to other enactments |
| |
(1) | A serious crime prevention order may not require a person— |
| 25 |
(a) | to answer any question; |
| |
(b) | to provide any information; or |
| |
(c) | to produce any document; |
| |
| if the disclosure concerned is prohibited under any other enactment. |
| |
| 30 |
“enactment” includes an Act of the Scottish Parliament, Northern Ireland |
| |
legislation and an enactment comprised in subordinate legislation, and |
| |
includes an enactment whenever passed or made; and |
| |
“subordinate legislation” has the same meaning as in the Interpretation |
| |
Act 1978 (c. 30) and also includes an instrument made under— |
| 35 |
(a) | an Act of the Scottish Parliament; or |
| |
(b) | Northern Ireland legislation. |
| |
16 | Restrictions on use of information obtained |
| |
(1) | A statement made by a person in response to a requirement imposed by a |
| |
serious crime prevention order may not be used in evidence against him in any |
| 40 |
criminal proceedings unless condition A or B is met. |
| |
(2) | Condition A is that the criminal proceedings relate to an offence under section |
| |
| |
|
| |
|
| |
|
| |
(a) | the criminal proceedings relate to another offence; |
| |
(b) | the person who made the statement gives evidence in the criminal |
| |
| |
(c) | in the course of that evidence, the person makes a statement which is |
| 5 |
inconsistent with the statement made in response to the requirement |
| |
imposed by the order; and |
| |
(d) | in the criminal proceedings evidence relating to the statement made in |
| |
response to the requirement imposed by the order is adduced, or a |
| |
question about it is asked, by the person or on his behalf. |
| 10 |
Duration, variation and discharge of orders |
| |
| |
(1) | A serious crime prevention order must specify when it is to come into force and |
| |
when it is to cease to be in force. |
| |
(2) | An order is not to be in force for more than 5 years beginning with the coming |
| 15 |
| |
(3) | An order can specify different times for the coming into force, or ceasing to be |
| |
in force, of different provisions of the order. |
| |
(4) | Where it specifies different times in accordance with subsection (3), the order— |
| |
(a) | must specify when each provision is to come into force and cease to be |
| 20 |
| |
(b) | is not to be in force for more than 5 years beginning with the coming |
| |
into force of the first provision of the order to come into force. |
| |
(5) | The fact that an order, or any provision of an order, ceases to be in force does |
| |
not prevent the court from making a new order to the same or similar effect. |
| 25 |
(6) | A new order may be made in anticipation of an earlier order or provision |
| |
| |
| |
(1) | The High Court in England and Wales may, on an application under this |
| |
section, vary a serious crime prevention order in England and Wales if it has |
| 30 |
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 who is the subject of the order, in serious crime in England and Wales. |
| |
(2) | The High Court in Northern Ireland may, on an application under this section, |
| |
vary a serious crime prevention order in Northern Ireland if it has reasonable |
| 35 |
grounds to believe that the terms of the order as varied would protect the |
| |
public by preventing, restricting or disrupting involvement, by the person who |
| |
is the subject of the order, in serious crime in Northern Ireland. |
| |
(3) | An application for the variation of an order under this section may be made |
| |
| 40 |
(a) | the relevant applicant authority; or |
| |
| |
(i) | the person who is the subject of the order; or |
| |
|
| |
|
| |
|
| |
(4) | The court must not entertain an application by the person who is the subject of |
| |
the order unless it considers that there has been a change of circumstances |
| |
| |
(5) | The court must not entertain an application by any person falling within |
| 5 |
subsection (3)(b)(ii) unless it considers that— |
| |
(a) | the person is significantly adversely affected by the order; |
| |
(b) | condition A or B is met; and |
| |
(c) | the application is not for the purpose of making the order more onerous |
| |
on the person who is the subject of it. |
| 10 |
| |
(a) | the person falling within subsection (3)(b)(ii)— |
| |
(i) | has, on an application under section 10, been given an |
| |
opportunity to make representations; or |
| |
(ii) | has made an application otherwise than under that section; |
| 15 |
| in earlier proceedings in relation to the order (whether before the High |
| |
Court or the Crown Court); and |
| |
(b) | there has been a change of circumstances affecting the order. |
| |
| |
(a) | the person falling within subsection (3)(b)(ii) has not made an |
| 20 |
application of any kind in earlier proceedings in relation to the order |
| |
(whether before the High Court or the Crown Court); and |
| |
(b) | it was reasonable in all the circumstances for the person not to have |
| |
| |
(8) | A variation on an application under subsection (3)(a) may include an extension |
| 25 |
of the period during which the order, or any provision of it, is in force (subject |
| |
to the original limits imposed on the order by section 17(2) and (4)(b)). |
| |
| |
(1) | On an application under this section— |
| |
(a) | the High Court in England and Wales may discharge a serious crime |
| 30 |
prevention order in England and Wales; and |
| |
(b) | the High Court in Northern Ireland may discharge a serious crime |
| |
prevention order in Northern Ireland. |
| |
(2) | An application for the discharge of an order may be made by— |
| |
(a) | the relevant applicant authority; or |
| 35 |
| |
(i) | the person who is the subject of the order; or |
| |
| |
(3) | The court must not entertain an application by the person who is the subject of |
| |
the order unless it considers that there has been a change of circumstances |
| 40 |
| |
(4) | The court must not entertain an application by any person falling within |
| |
subsection (2)(b)(ii) unless it considers that— |
| |
(a) | the person is significantly adversely affected by the order; and |
| |
(b) | condition A or B is met. |
| 45 |
|
| |
|
| |
|
| |
| |
(i) | has, on an application under section 10, been given an |
| |
opportunity to make representations; or |
| |
(ii) | has made an application otherwise than under that section; |
| 5 |
| in earlier proceedings in relation to the order (whether before the High |
| |
Court or the Crown Court); and |
| |
(b) | there has been a change of circumstances affecting the order. |
| |
| |
(a) | the person has not made an application of any kind in earlier |
| 10 |
proceedings in relation to the order (whether before the High Court or |
| |
| |
(b) | it was reasonable in all the circumstances for the person not to have |
| |
| |
Extension of jurisdiction to Crown Court |
| 15 |
20 | Orders by Crown Court on conviction |
| |
(1) | Subsection (2) applies where the Crown Court in England and Wales is dealing |
| |
| |
(a) | has been convicted by or before a magistrates’ court of having |
| |
committed a serious offence in England and Wales and has been |
| 20 |
committed to the Crown Court to be dealt with; or |
| |
(b) | has been convicted by or before the Crown Court of having committed |
| |
a serious offence in England and Wales. |
| |
(2) | The Crown Court may, in addition to dealing with the person in relation to the |
| |
offence, make an order if it has reasonable grounds to believe that the order |
| 25 |
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 |
| |
with a person who has been convicted by or before the Crown Court of having |
| |
committed a serious offence in Northern Ireland. |
| 30 |
(4) | The Crown Court may, in addition to dealing with the person in relation to the |
| |
offence, make an order if it has reasonable grounds to believe that the order |
| |
would protect the public by preventing, restricting or disrupting involvement |
| |
by the person in serious crime in Northern Ireland. |
| |
(5) | An order under this section may contain— |
| 35 |
(a) | such prohibitions, restrictions or requirements; and |
| |
| |
| as the court considers appropriate for the purpose of protecting the public by |
| |
preventing, restricting or disrupting involvement by the person concerned in |
| |
serious crime in England and Wales or (as the case may be) Northern Ireland. |
| 40 |
(6) | The powers of the court in respect of an order under this section are subject to |
| |
sections 7 to 16 (safeguards). |
| |
(7) | An order must not be made under this section 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. |
| |
(8) | An order under this section is also called a serious crime prevention order. |
| |
21 | Powers of Crown Court to vary orders on conviction |
| |
(1) | Subsection (2) applies where the Crown Court in England and Wales is dealing |
| |
| 5 |
(a) | has been convicted by or before a magistrates’ court of having |
| |
committed a serious offence in England and Wales and has been |
| |
committed to the Crown Court to be dealt with; or |
| |
(b) | has been convicted by or before the Crown Court of having committed |
| |
a serious offence in England and Wales. |
| 10 |
| |
(a) | in the case of a person who is the subject of a serious crime prevention |
| |
order in England and Wales; and |
| |
(b) | in addition to dealing with the person in relation to the offence; |
| |
| vary the order if the court has reasonable grounds to believe that the terms of |
| 15 |
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 |
| |
with a person who has been convicted by or before the Crown Court of having |
| |
committed a serious offence in Northern Ireland. |
| 20 |
| |
(a) | in the case of a person who is the subject of a serious crime prevention |
| |
order in Northern Ireland; and |
| |
(b) | in addition to dealing with the person in relation to the offence; |
| |
| vary the order if the court has reasonable grounds to believe that the terms of |
| 25 |
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. |
| |
(6) | A variation must not be made except— |
| 30 |
(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 |
| |
order by section 17(2) and (4)(b)). |
| 35 |
22 | Powers of Crown Court to vary orders on breach |
| |
(1) | Subsection (2) applies where the Crown Court in England and Wales is dealing |
| |
| |
(a) | has been convicted by or before a magistrates’ court of having |
| |
committed an offence under section 26 in relation to a serious crime |
| 40 |
prevention order and has been committed to the Crown Court to be |
| |
| |
|
| |
|