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
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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
prevention order.
8
Other exceptions
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.
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(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;
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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
of the appeal.

Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders
8

11
Notice requirements in relation to orders
(1)
The subject of a serious crime prevention order is bound by it or a variation of
it only if—
(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
necessary by force)—
(a)
enter any premises where he has reasonable grounds for believing the
15
person to be; and
(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
Prosecutions; and
(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.
Information safeguards
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
the High Court.
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(3)
“Privileged information” is information which the person would be entitled to
refuse to provide on grounds of legal professional privilege in such
proceedings.

Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders
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(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
proceedings.
(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
(c. 60); and
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
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obligation of confidence by virtue of carrying on a banking business unless
condition A or B is met.
(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—
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(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.
(2)
In this section—
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
26.

Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders
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(3)
Condition B is that—
(a)
the criminal proceedings relate to another offence;
(b)
the person who made the statement gives evidence in the criminal
proceedings;
(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
17
Duration 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
into force of the order.
(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
in force; and
(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.
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(6)
A new order may be made in anticipation of an earlier order or provision
ceasing to be in force.
18
Variation of orders
(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
by—
40
(a)
the relevant applicant authority; or
(b)
subject as follows—
(i)
the person who is the subject of the order; or

Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders
11

(ii)
any other person.
(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
affecting the order.
(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
(6)
Condition A is that—
(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.
(7)
Condition B is that—
(a)
the person falling within subsection (3)(b)(ii) has not made an
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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
done so.
(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)).
19
Discharge of orders
(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
(b)
subject as follows—
(i)
the person who is the subject of the order; or
(ii)
any other person.
(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
affecting the order.
(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.
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Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders
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(5)
Condition A is that—
(a)
the person—
(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.
(6)
Condition B is that—
(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
the Crown Court); and
(b)
it was reasonable in all the circumstances for the person not to have
done so.
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
with a person who—
(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
(b)
such other terms;

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

Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders
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(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
with a person who—
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
(2)
The Crown Court may—
(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
(4)
The Crown Court may—
(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
with a person who—
(a)
has been convicted by or before a magistrates’ court of having
committed an offence under section 26 in relation to a serious crime
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prevention order and has been committed to the Crown Court to be
dealt with; or