Serious Crime Bill [HL]

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House of Commons

Session 2006 - 07
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Serious Crime Bill [HL]

Serious Crime Bill [HL]

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Home Office, are published separately

as Bill 103—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Secretary John Reid has made the following statement under section 19(1)(a) of the

Human Rights Act 1998:

In my view the provisions of the Serious Crime Bill [HL] are compatible with the

Convention rights.

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Serious Crime Bill [HL]

Contents

Part 1

Serious Crime Prevention Orders

General

1

Serious crime prevention orders

2

Involvement in serious crime: England and Wales orders

3

Involvement in serious crime: Northern Ireland orders

4

Involvement in serious crime: evidence

5

Involvement in serious crime: supplementary

6

Type of provision that may be made by orders

General safeguards in relation to orders

7

Any individual must be 18 or over

8

Other exceptions

9

Limited class of applicants for making of orders

10

Right of third parties to make representations

11

Notice requirements in relation to orders

Information safeguards

12

Restrictions on oral answers

13

Restrictions for legal professional privilege

14

Restrictions on excluded material and banking information

15

Restrictions relating to other enactments

16

Restrictions on use of information obtained

Duration, variation and discharge of orders

17

Duration of orders

18

Variation of orders

19

Discharge of orders

Extension of jurisdiction to Crown Court

20

Orders by Crown Court on conviction

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21

Powers of Crown Court to vary orders on conviction

22

Powers of Crown Court to vary orders on breach

23

Inter-relationship between different types of orders

Appeals

24

Additional right of appeal from High Court

25

Appeals from Crown Court to Court of Appeal

Enforcement

26

Offence of failing to comply with order

27

Powers of forfeiture in respect of offence

28

Powers to wind up companies etc: England and Wales

29

Powers to wind up companies etc: Northern Ireland

Particular types of bodies

30

Bodies corporate including limited liability partnerships

31

Other partnerships

32

Unincorporated associations

33

Overseas bodies

Supplementary

34

Proceedings in the High Court

35

Proceedings in the Crown Court

36

Functions of applicant authorities

37

Disclosure of information in accordance with orders

38

Powers of law enforcement officers to retain documents

Interpretation: Part 1

39

Interpretation: Part 1

40

Index of defined expressions: Part 1

Part 2

Encouraging or assisting crime

Inchoate offences

41

Intentionally encouraging or assisting an offence

42

Encouraging or assisting an offence believing it will be committed

43

Encouraging or assisting offences believing one or more will be committed

44

Proving an offence under this Part

45

Proving an offence under section 43

46

Supplemental provisions

Reasonableness defence

47

Defence of acting reasonably

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Limitation on liability

48

Protective offences: victims not liable

Jurisdiction and procedure

49

Jurisdiction

50

Prosecution of offences triable by reason of Schedule 4

51

Mode of trial

52

Persons who may be perpetrators or encouragers etc.

53

Alternative verdicts and guilty pleas

54

Penalties

Consequential alterations of the law

55

Abolition of common law replaced by this Part

56

Amendments relating to service law

57

Repeal of offence of enabling unauthorised access to computer material

58

Consequential amendments: Part 2

Interpretation: Part 2

59

Encouraging or assisting the commission of an offence

60

Being capable of encouraging or assisting

61

Indirectly encouraging or assisting

62

Course of conduct

Part 3

Other measures to prevent or disrupt serious and other crime

Chapter 1

Prevention of fraud

Sharing information with anti-fraud organisations

63

Disclosure of information to prevent fraud

64

Offence for certain further disclosures of information

65

Penalty and prosecution for offence under section 64

66

Data protection rules

Data matching

67

Data matching

Chapter 2

Proceeds of crime

Assets Recovery Agency

68

Abolition of Assets Recovery Agency and redistribution of functions etc.

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Detained cash investigations: use of production orders and warrants

69

Use of production orders for detained cash investigations

70

Use of search warrants etc. for detained cash investigations

71

Further provision about detained cash investigations

Extension of powers of accredited financial investigators

72

Powers to seize property to which restraint orders apply

73

Powers to recover cash

74

Powers in relation to certain investigations

75

Supplementary provision in relation to new powers

Use of force in executing search warrants: Scotland

76

Use of force in executing search warrants: Scotland

Chapter 3

Regulation of investigatory powers

77

Extension of powers of Revenue and Customs

Chapter 4

Other measures to disrupt serious crime

78

Power to search for firearms

Part 4

General and final provisions

General

79

Orders of the Secretary of State and the Scottish Ministers

80

Supplementary, incidental and consequential provision

81

Transitional and transitory provisions and savings

82

Repeals and revocations

Final

83

Extent

84

Commencement

85

Short title

Schedule 1   —

Serious offences

Part 1   —

Serious offences in England and Wales

Part 2   —

Serious offences in Northern Ireland

Schedule 2   —

Functions of applicant authorities under Part 1

Schedule 3   —

Listed Offences

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Part 1   —

Offences common to England and Wales and Northern Ireland

Part 2   —

Offences under particular enactments: England and Wales

Part 3   —

Other offences: England and Wales

Part 4   —

Offences under particular enactments: Northern Ireland

Part 5   —

Other offences: Northern Ireland

Schedule 4   —

Extra-territoriality

Schedule 5   —

Amendments relating to service law

Schedule 6   —

Minor and consequential amendments: Part 2

Part 1   —

References to common law offence of incitement

Part 2   —

Other minor and consequential amendments

Schedule 7   —

Data matching

Part 1   —

Data matching: England

Part 2   —

Data matching: Wales

Part 3   —

Data matching: Northern Ireland

Schedule 8   —

Abolition of Assets Recovery Agency and its Director

Part 1   —

Abolition of confiscation functions

Part 2   —

Transfer of civil recovery functions

Part 3   —

Transfer or abolition of Revenue functions

Part 4   —

Transfer of investigation functions

Part 5   —

Transfer of accreditation and training functions

Part 6   —

Other amendments to 2002 Act

Part 7   —

Amendments to other enactments

Schedule 9   —

Transfers to SOCA or NPIA

Schedule 10   —

Detained cash investigations: further provision

Schedule 11   —

Powers to recover cash: financial investigators

Schedule 12   —

Revenue and Customs: regulation of investigatory powers

Schedule 13   —

Intercept evidence

Schedule 14   —

Transitional and transitory provisions and savings

Schedule 15   —

Repeals and revocations

© Parliamentary copyright 2007
Revised 11 May 2007