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Serious Crime Bill [HL]


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

1

 

A

Bill

[AS AMENDED IN PUBLIC BILL COMMITTEE]

To

Make provision about serious crime prevention orders; to create offences in

respect of the encouragement or assistance of crime; to enable information to

be shared or processed to prevent fraud or for purposes relating to proceeds of

crime; to enable data matching to be conducted both in relation to fraud and

for other purposes; to transfer functions of the Director of the Assets Recovery

Agency to the Serious Organised Crime Agency and other persons and to

make further provision in connection with the abolition of the Agency and the

office of Director; to amend the Proceeds of Crime Act 2002 in relation to

certain investigations and in relation to accredited financial investigators,

management receivers and enforcement receivers, cash recovery proceedings

and search warrants; to make amendments relating to Her Majesty’s Revenue

and Customs in connection with the regulation of investigatory powers; and

for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Serious Crime Prevention Orders

General

1       

Serious crime prevention orders

(1)   

The High Court in England and Wales may make an order if—

5

(a)   

it is satisfied that a person has been involved in serious crime (whether

in England and Wales or elsewhere); and

 
Bill 14054/2
 
 

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

2

 

(b)   

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 England and Wales.

(2)   

The High Court in Northern Ireland may make an order if—

(a)   

it is satisfied that a person has been involved in serious crime (whether

5

in Northern Ireland or elsewhere); and

(b)   

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.

(3)   

An order under this section may contain—

10

(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.

15

(4)   

The powers of the court in respect of an order under this section are subject to

sections 6 to 15 (safeguards).

(5)   

In this Part “serious crime prevention order” means—

(a)   

an order under this section; or

(b)   

an order under section 19 (corresponding order of the Crown Court on

20

conviction).

(6)   

For the purposes of this Part references to the person who is the subject of a

serious crime prevention order are references to the person against whom the

public are to be protected.

2       

Involvement in serious crime: England and Wales orders

25

(1)   

For the purposes of this Part, a person has been involved in serious crime in

England and Wales if he—

(a)   

has committed a serious offence in England and Wales;

(b)   

has facilitated the commission by another person of a serious offence in

England and Wales; or

30

(c)   

has conducted himself in a way that was likely to facilitate the

commission by himself or another person of a serious offence in

England and Wales (whether or not such an offence was committed).

(2)   

In this Part “a serious offence in England and Wales” means an offence under

the law of England and Wales which, at the time when the court is considering

35

the application or matter in question—

(a)   

is specified, or falls within a description specified, in Part 1 of Schedule

1; or

(b)   

is one which, in the particular circumstances of the case, the court

considers to be sufficiently serious to be treated for the purposes of the

40

application or matter as if it were so specified.

(3)   

For the purposes of this Part, involvement in serious crime in England and

Wales is any one or more of the following—

(a)   

the commission of a serious offence in England and Wales;

(b)   

conduct which facilitates the commission by another person of a

45

serious offence in England and Wales;

 
 

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

3

 

(c)   

conduct which is likely to facilitate the commission, by the person

whose conduct it is or another person, of a serious offence in England

and Wales (whether or not such an offence is committed).

(4)   

For the purposes of section 1(1)(a), a person has been involved in serious crime

elsewhere than in England and Wales if he—

5

(a)   

has committed a serious offence in a country outside England and

Wales;

(b)   

has facilitated the commission by another person of a serious offence in

a country outside England and Wales; or

(c)   

has conducted himself in a way that was likely to facilitate the

10

commission by himself or another person of a serious offence in a

country outside England and Wales (whether or not such an offence

was committed).

(5)   

In subsection (4) “a serious offence in a country outside England and Wales”

means an offence under the law of a country outside England and Wales

15

which, at the time when the court is considering the application or matter in

question—

(a)   

would be an offence under the law of England and Wales if committed

in or as regards England and Wales; and

(b)   

either—

20

(i)   

would be an offence which is specified, or falls within a

description specified, in Part 1 of Schedule 1 if committed in or

as regards England and Wales; or

(ii)   

is conduct which, in the particular circumstances of the case, the

court considers to be sufficiently serious to be treated for the

25

purposes of the application or matter as if it meets the test in

sub-paragraph (i).

(6)   

The test in subsection (4) is to be used instead of the test in section 3(1) in

deciding for the purposes of section 1(1)(a) whether a person has been involved

in serious crime in Northern Ireland.

30

(7)   

An act punishable under the law of a country outside the United Kingdom

constitutes an offence under that law for the purposes of subsection (5),

however it is described in that law.

3       

Involvement in serious crime: Northern Ireland orders

(1)   

For the purposes of this Part, a person has been involved in serious crime in

35

Northern Ireland if he—

(a)   

has committed a serious offence in Northern Ireland;

(b)   

has facilitated the commission by another person of a serious offence in

Northern Ireland; or

(c)   

has conducted himself in a way that was likely to facilitate the

40

commission by himself or another person of a serious offence in

Northern Ireland (whether or not such an offence was committed).

(2)   

In this Part “a serious offence in Northern Ireland” means an offence under the

law of Northern Ireland which, at the time when the court is considering the

application or matter in question—

45

(a)   

is specified, or falls within a description specified, in Part 2 of Schedule

1; or

 
 

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

4

 

(b)   

is one which, in the particular circumstances of the case, the court

considers to be sufficiently serious to be treated for the purposes of the

application or matter as if it were so specified.

(3)   

For the purposes of this Part, involvement in serious crime in Northern Ireland

is any one or more of the following—

5

(a)   

the commission of a serious offence in Northern Ireland;

(b)   

conduct which facilitates the commission by another person of a

serious offence in Northern Ireland;

(c)   

conduct which is likely to facilitate the commission, by the person

whose conduct it is or another person, of a serious offence in Northern

10

Ireland (whether or not such an offence is committed).

(4)   

For the purposes of section 1(2)(a), a person has been involved in serious crime

elsewhere than in Northern Ireland if he—

(a)   

has committed a serious offence in a country outside Northern Ireland;

(b)   

has facilitated the commission by another person of a serious offence in

15

a country outside Northern Ireland; or

(c)   

has conducted himself in a way that was likely to facilitate the

commission by himself or another person of a serious offence in a

country outside Northern Ireland (whether or not such an offence was

committed).

20

(5)   

In subsection (4) “a serious offence in a country outside Northern Ireland”

means an offence under the law of a country outside Northern Ireland which,

at the time when the court is considering the application or matter in

question—

(a)   

would be an offence under the law of Northern Ireland if committed in

25

or as regards Northern Ireland; and

(b)   

either—

(i)   

would be an offence which is specified, or falls within a

description specified, in Part 2 of Schedule 1 if committed in or

as regards Northern Ireland; or

30

(ii)   

is conduct which, in the particular circumstances of the case, the

court considers to be sufficiently serious to be treated for the

purposes of the application or matter as if it meets the test in

sub-paragraph (i).

(6)   

The test in subsection (4) is to be used instead of the test in section 2(1) in

35

deciding for the purposes of section 1(2)(a) whether a person has been involved

in serious crime in England and Wales.

(7)   

An act punishable under the law of a country outside the United Kingdom

constitutes an offence under that law for the purposes of subsection (5),

however it is described in that law.

40

4       

Involvement in serious crime: supplementary

(1)   

In considering for the purposes of this Part whether a person has committed a

serious offence—

(a)   

the court must decide that the person has committed the offence if—

(i)   

he has been convicted of the offence; and

45

(ii)   

the conviction has not been quashed on appeal nor has the

person been pardoned of the offence; but

 
 

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

5

 

(b)   

the court must not otherwise decide that the person has committed the

offence.

(2)   

In deciding for the purposes of this Part whether a person (“the respondent”)

facilitates the commission by another person of a serious offence, the court

must ignore—

5

(a)   

any act that the respondent can show to be reasonable in the

circumstances; and

(b)   

subject to this, his intentions, or any other aspect of his mental state, at

the time.

(3)   

In deciding for the purposes of this Part whether a person (“the respondent”)

10

conducts himself in a way that is likely to facilitate the commission by himself

or another person of a serious offence (whether or not such an offence is

committed), the court must ignore—

(a)   

any act that the respondent can show to be reasonable in the

circumstances; and

15

(b)   

subject to this, his intentions, or any other aspect of his mental state, at

the time.

(4)   

The Secretary of State may by order amend Schedule 1.

5       

Type of provision that may be made by orders

(1)   

This section contains examples of the type of provision that may be made by a

20

serious crime prevention order but it does not limit the type of provision that

may be made by such an order.

(2)   

Examples of prohibitions, restrictions or requirements that may be imposed by

serious crime prevention orders in England and Wales or Northern Ireland

include prohibitions, restrictions or requirements in relation to places other

25

than England and Wales or (as the case may be) Northern Ireland.

(3)   

Examples of prohibitions, restrictions or requirements that may be imposed on

individuals (including partners in a partnership) by serious crime prevention

orders include prohibitions or restrictions on, or requirements in relation to—

(a)   

an individual’s financial, property or business dealings or holdings;

30

(b)   

an individual’s working arrangements;

(c)   

the means by which an individual communicates or associates with

others, or the persons with whom he communicates or associates;

(d)   

the premises to which an individual has access;

(e)   

the use of any premises or item by an individual;

35

(f)   

an individual’s travel (whether within the United Kingdom, between

the United Kingdom and other places or otherwise).

(4)   

Examples of prohibitions, restrictions or requirements that may be imposed on

bodies corporate, partnerships and unincorporated associations by serious

crime prevention orders include prohibitions or restrictions on, or

40

requirements in relation to—

(a)   

financial, property or business dealings or holdings of such persons;

(b)   

the types of agreements to which such persons may be a party;

(c)   

the provision of goods or services by such persons;

(d)   

the premises to which such persons have access;

45

(e)   

the use of any premises or item by such persons;

 
 

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

6

 

(f)   

the employment of staff by such persons.

(5)   

Examples of requirements that may be imposed on any persons by serious

crime prevention orders include—

(a)   

a requirement on a person to answer questions, or provide information,

specified or described in an order—

5

(i)   

at a time, within a period or at a frequency;

(ii)   

at a place;

(iii)   

in a form and manner; and

(iv)   

to a law enforcement officer or description of law enforcement

officer;

10

   

notified to the person by a law enforcement officer specified or

described in the order;

(b)   

a requirement on a person to produce documents specified or

described in an order—

(i)   

at a time, within a period or at a frequency;

15

(ii)   

at a place;

(iii)   

in a manner; and

(iv)   

to a law enforcement officer or description of law enforcement

officer;

   

notified to the person by a law enforcement officer specified or

20

described in the order.

(6)   

The prohibitions, restrictions or requirements that may be imposed on

individuals by serious crime prevention orders include prohibitions,

restrictions or requirements in relation to an individual’s private dwelling

(including, for example, prohibitions or restrictions on, or requirements in

25

relation to, where an individual may reside).

(7)   

In this Part—

“document” means anything in which information of any description is

recorded (whether or not in legible form);

“a law enforcement officer” means—

30

(a)   

a constable;

(b)   

a member of the staff of the Serious Organised Crime Agency

who is for the time being designated under section 43 of the

Serious Organised Crime and Police Act 2005 (c. 15);

(c)   

an officer of Revenue and Customs; or

35

(d)   

a member of the Serious Fraud Office; and

“premises” includes any land, vehicle, vessel, aircraft or hovercraft.

(8)   

Any reference in this Part to the production of documents is, in the case of a

document which contains information recorded otherwise than in legible form,

a reference to the production of a copy of the information in legible form.

40

General safeguards in relation to orders

6       

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.

 
 

 
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