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]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 4 — Transfer of investigation functions
107

(c)
in relation to a confiscation investigation carried out by a
constable, the Director of Public Prosecutions, the Director of
Public Prosecutions for Northern Ireland, the Director of the
Serious Fraud Office or any specified person; and
(d)
in relation to a confiscation investigation carried out by an
5
officer of Revenue and Customs, the Director of Revenue and
Customs Prosecutions, the Director of Public Prosecutions
for Northern Ireland or any specified person.
(9)
In subsection (8) “specified person” means any person specified, or
falling within a description specified, by an order of the Secretary of
10
State.”
109   (1)
Section 361 (further provisions) is amended as follows.
      (2)
In subsection (7) for “The Director” substitute “An appropriate officer”.
      (3)
In subsection (9) for “the Director” substitute “an appropriate officer”.
110   (1)
Section 362 (supplementary) is amended as follows.
15
      (2)
In subsection (3)(a) for “Director” substitute “person who applied for the
order”.
      (3)
After subsection (4) insert—
“(4A)
If a member of SOCA’s staff or a person falling within a description
of persons specified by virtue of section 357(9) applies for a
20
disclosure order, an application to discharge or vary the order need
not be by the same member of SOCA’s staff or (as the case may be)
the same person falling within that description.
(4B)
References to a person who applied for a disclosure order must be
construed accordingly.”
25
      (4)
In subsection (5) for “(4)” substitute “(4B)”.
111   (1)
Section 369 (supplementary) is amended as follows.
      (2)
In subsection (5)—
(a)
after “investigator,”, where it first appears, insert “a member of
SOCA’s staff,”; and
30
(b)
after “investigator,”, where it appears for the second time, insert
“member of SOCA’s staff,”.
      (3)
In subsection (7) after “investigator,” insert “a member of SOCA’s staff,”.
112
In section 375(4) (supplementary)—
(a)
after “investigator,”, where it first appears, insert “a member of
35
SOCA’s staff,”; and
(b)
after “investigator,”, where it appears for the second time, insert
“member of SOCA’s staff,”.
113
Omit section 376 (evidence overseas).
114   (1)
Section 377 (code of practice) is amended as follows.
40
      (2)
In the heading after “practice” insert “of Secretary of State etc.”.
      (3)
In subsection (1)—

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 4 — Transfer of investigation functions
108

(a)
in paragraph (a) for “the Director” substitute “the Director General of
SOCA”; and
(b)
in paragraph (b) for “members of the staff of the Agency” substitute
“other members of SOCA’s staff”.
      (4)
In subsection (9)—
5
(a)
after “officer” insert “or the relevant authority”; and
(b)
for “he” substitute “either”.
115
After section 377 (code of practice of Secretary of State etc.) insert—
“377A
Code of practice of Attorney General or Advocate General for
Northern Ireland
10
(1)
The Attorney General must prepare a code of practice as to—
(a)
the exercise by the Director of Public Prosecutions, the
Director of Revenue and Customs Prosecutions and the
Director of the Serious Fraud Office of functions they have
under this Chapter; and
15
(b)
the exercise by any other person, who is the relevant
authority by virtue of section 357(9) in relation to a
confiscation investigation, of functions he has under this
Chapter in relation to England and Wales as the relevant
authority.
20
(2)
The Advocate General for Northern Ireland must prepare a code of
practice as to—
(a)
the exercise by the Director of Public Prosecutions for
Northern Ireland of functions he has under this Chapter; and
(b)
the exercise by any other person, who is the relevant
25
authority by virtue of section 357(9) in relation to a
confiscation investigation, of functions he has under this
Chapter in relation to Northern Ireland as the relevant
authority.
(3)
After preparing a draft of the code the Attorney General or (as the
30
case may be) the Advocate General for Northern Ireland—
(a)
must publish the draft;
(b)
must consider any representations made to him about the
draft;
(c)
may amend the draft accordingly.
35
(4)
After the Attorney General or the Advocate General for Northern
Ireland has proceeded under subsection (3) he must lay the code
before Parliament.
(5)
When the code has been so laid the Attorney General or (as the case
may be) the Advocate General for Northern Ireland may bring the
40
code into operation on such day as he may appoint by order.
(6)
A person specified in subsection (1)(a) or (b) or (2)(a) or (b) must
comply with a code of practice which is in operation under this
section in the exercise of any function he has under this Chapter to
which the code relates.
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Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 4 — Transfer of investigation functions
109

(7)
If such a person fails to comply with any provision of such a code of
practice the person is not by reason only of that failure liable in any
criminal or civil proceedings.
(8)
But the code of practice is admissible in evidence in such proceedings
and a court may take account of any failure to comply with its
5
provisions in determining any question in the proceedings.
(9)
The Attorney General or (as the case may be) the Advocate General
for Northern Ireland may from time to time revise a code previously
brought into operation under this section; and the preceding
provisions of this section apply to a revised code as they apply to the
10
code as first prepared.
(10)
In this section references to the Advocate General for Northern
Ireland are to be read, before the coming into force of section 27(1) of
the Justice (Northern Ireland) Act 2002 (c. 26), as references to the
Attorney General for Northern Ireland.”
15
116   (1)
Section 378 (officers) is amended as follows.
      (2)
In subsection (1)(a) for “the Director” substitute “a member of SOCA’s staff”.
      (3)
In subsection (2)(a) for “the Director” substitute “a senior member of SOCA’s
staff”.
      (4)
In subsection (3) for the words from “the Director”, where it first appears, to
20
the end of the subsection substitute “—
(a)
a member of SOCA’s staff or the relevant Director is an
appropriate officer;
(b)
a senior member of SOCA’s staff is a senior appropriate
officer.”
25
      (5)
In subsection (5) for “the Serious Organised Crime Agency” substitute
“SOCA”.
      (6)
Omit subsection (7).
      (7)
After subsection (7) insert—
“(8)
For the purposes of this Part a senior member of SOCA’s staff is—
30
(a)
the Director General of SOCA; or
(b)
any member of SOCA’s staff authorised by the Director
General (whether generally or specifically) for this purpose.”
117
In section 416(2) (other interpretative provisions)—
(a)
after the entry for production order insert—
35
“relevant authority: section 357(7) to (9)
relevant Director: section 352(5A)”; and
(b)
at the end insert—
“senior member of SOCA’s staff: section 378(8).”
118
After section 449 (pseudonyms) insert—
40
“449A
Staff of relevant Directors: pseudonyms
(1)
This section applies to a member of the staff of the relevant Director
if—

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 5 — Transfer of accreditation and training functions
110

(a)
the member is to exercise a function as a member of that staff
under, or in relation to, Part 8; and
(b)
it is necessary or expedient for the purpose of exercising that
function for the member of staff to identify himself by name.
(2)
The relevant Director may direct that such a member of staff may for
5
that purpose identify himself by means of a pseudonym.
(3)
For the purposes of any proceedings or application under this Act, a
certificate signed by the relevant Director which sufficiently
identifies the member of staff by reference to the pseudonym is
conclusive evidence that that member of staff is authorised to use the
10
pseudonym.
(4)
In any proceedings or application under this Act a member of the
staff of the relevant Director in respect of whom a direction under
this section is in force must not be asked (and if asked is not required
to answer) any question which is likely to reveal his true identity.
15
(5)
The relevant Director may not delegate the exercise of his functions
under this section or otherwise authorise another person to exercise
those functions on his behalf.
(6)
In this section “relevant Director” has the meaning given by section
352(5A).”
20
119   (1)
Section 459 (orders and regulations) is amended as follows.
      (2)
In subsection (3) after “instrument” insert “(other than the power of the
Advocate General for Northern Ireland to make an order under section
377A(5) which is exercisable by statutory rule for the purposes of the
Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)))”.
25
      (3)
In subsection (4)(a) after “377(4)” insert “, 377A(5)”.
      (4)
After subsection (6)(a) insert—
“(aa)
by the Attorney General or the Advocate General for
Northern Ireland under section 377A(5) unless a draft of the
order has been laid before Parliament and approved by a
30
resolution of each House;”.
      (5)
After subsection (7) insert—
“(8)
In this section references to the Advocate General for Northern
Ireland are to be read, before the coming into force of section 27(1) of
the Justice (Northern Ireland) Act 2002 (c. 26), as references to the
35
Attorney General for Northern Ireland.”
Part 5
Transfer of accreditation and training functions
120   (1)
Section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and
training) is amended as follows.
40
      (2)
In subsection (1) for “Director” substitute “National Policing Improvement
Agency”.
      (3)
Omit subsection (6).

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 6 — Other amendments to 2002 Act
111

      (4)
In subsection (7) for “Director” substitute “National Policing Improvement
Agency”.
      (5)
Omit subsection (8).
Part 6
Other amendments to 2002 Act
5
121
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
122
In the heading for Part 1 for “Assets Recovery Agency” substitute
“Introductory”.
123
Omit sections 1 and 2 (the Assets Recovery Agency, its Director and the
Director’s general functions).
10
124
After section 2 insert—
“2A
Contribution to the reduction of crime
(1)
A relevant authority must exercise its functions under this Act in the
way which it considers is best calculated to contribute to the
reduction of crime.
15
(2)
In this section “a relevant authority” means—
(a)
SOCA,
(b)
the Director of Public Prosecutions,
(c)
the Director of Public Prosecutions for Northern Ireland,
(d)
the Director of Revenue and Customs Prosecutions, or
20
(e)
the Director of the Serious Fraud Office.
(3)
In considering under subsection (1) the way which is best calculated
to contribute to the reduction of crime a relevant authority must have
regard to any guidance given to it by—
(a)
in the case of SOCA, the Secretary of State,
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(b)
in the case of the Director of Public Prosecutions, the Director
of Revenue and Customs Prosecutions or the Director of the
Serious Fraud Office, the Attorney General, and
(c)
in the case of the Director of Public Prosecutions for Northern
Ireland, the Advocate General for Northern Ireland.
30
(4)
The guidance must indicate that the reduction of crime is in general
best secured by means of criminal investigations and criminal
proceedings.
(5)
The reference in this section to the Advocate General for Northern
Ireland is to be read, before the coming into force of section 27(1) of
35
the Justice (Northern Ireland) Act 2002 (c. 26), as a reference to the
Attorney General for Northern Ireland.
2B
SOCA and members of SOCA’s staff
(1)
For the purposes of this Act SOCA is the Serious Organised Crime
Agency.
40
(2)
Anything which SOCA is authorised or required to do under this Act
(whether directly or through its staff) may be done by a person

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 6 — Other amendments to 2002 Act
112

providing services under arrangements made by SOCA if the person
is authorised by SOCA (whether generally or specifically) for that
purpose.
(3)
References in this Act to members of SOCA’s staff are to be read in
accordance with paragraph 8(4) of Schedule 1 to the Serious
5
Organised Crime and Police Act 2005 (c. 15) (employees of SOCA or
persons seconded to SOCA to serve as members of its staff).
2C
Prosecuting authorities
(1)
The Director of Public Prosecutions may, to such extent as he may
decide, delegate the exercise of his functions under, or in relation to,
10
Part 5 or 8 of this Act to a Crown Prosecutor.
(2)
The Director of the Serious Fraud Office may, to such extent as he
may decide, delegate the exercise of his functions under, or in
relation to, Part 5 or 8 of this Act to a member of the Serious Fraud
Office designated under section 1(7) of the Criminal Justice Act 1987
15
(c. 38).
(3)
Anything which a relevant Director is authorised or required to do
under, or in relation to, Part 5 or 8 of this Act may be done by a
person providing services under arrangements made by the relevant
Director if the person is authorised by the relevant Director (whether
20
generally or specifically) for that purpose.
(4)
In this section “relevant Director” means—
(a)
the Director of Public Prosecutions,
(b)
the Director of Public Prosecutions for Northern Ireland,
(c)
the Director of Revenue and Customs Prosecutions, or
25
(d)
the Director of the Serious Fraud Office.”
125
Omit sections 4 and 5 (co-operation and advice and assistance for Secretary
of State).
126
In section 330(4)(b) (failure to disclose: regulated sector) for “the Serious
Organised Crime Agency” substitute “SOCA”.
30
127
In section 331(4) (failure to disclose: nominated officers in the regulated
sector) for “the Serious Organised Crime Agency” substitute “SOCA”.
128
In section 332(4) (failure to disclose: other nominated officers) for “the
Serious Organised Crime Agency” substitute “SOCA”.
129
In section 336(2)(a), (3)(a) and (4)(a) (nominated officer: consent) for “the
35
Serious Organised Crime Agency” substitute “SOCA”.
130
In section 340(13) (interpretation: Part 7) for “the Serious Organised Crime
Agency” substitute “SOCA”.
131
Omit sections 435 to 438 (information: England and Wales and Northern
Ireland).
40
132
In section 439(5) (disclosure of information to Lord Advocate and to Scottish
Ministers)—
(a)
in paragraph (b) for “the Director General of the Serious Organised
Crime Agency” substitute “SOCA”; and

Serious Crime Bill [HL]
Schedule 8 — Abolition of Assets Recovery Agency and its Director
Part 6 — Other amendments to 2002 Act
113

(b)
after paragraph (f) insert—
“(fa)
the Director of Revenue and Customs Prosecutions;”.
133
In section 441(2) (disclosure of information by Lord Advocate and by
Scottish Ministers) for paragraph (f) substitute—
“(f)
the exercise of SOCA’s functions under this Act;
5
(fa)
the exercise of the functions of the Director of Public
Prosecutions, the Director of Revenue and Customs
Prosecutions, the Director of the Serious Fraud Office or the
Director of Public Prosecutions for Northern Ireland under,
or in relation to, Part 5;”.
10
134
In section 442(1) and (2) (restriction on disclosure for overseas purposes)
omit “438(1)(a) or (b) or”.
135   (1)
Section 443 (enforcement in different parts of the United Kingdom) is
amended as follows.
      (2)
In subsection (3)(a) for “and the Director” substitute “, SOCA and the
15
relevant Director”.
      (3)
After subsection (4) insert—
“(5)
In this section “relevant Director” has the meaning given by section
352(5A).”
136
In section 444(4)(d) (external requests and orders) for “the Director”
20
substitute “SOCA”.
137
In section 445(2)(b) (external investigations) for the words from “the
Director”, where it first appears, to “Agency” substitute “SOCA, the Director
of Public Prosecutions, the Director of Public Prosecutions for Northern
Ireland, the Director of Revenue and Customs Prosecutions”.
25
138   (1)
Section 449 (agency staff: pseudonyms) is amended as follows.
      (2)
In the heading for “Agency” substitute “SOCA’s”.
      (3)
In subsection (1)—
(a)
for “the staff of the Agency”, in both places where it appears,
substitute “SOCA’s staff”; and
30
(b)
for “authorised (generally or specifically) by the Director” substitute
“assigned by SOCA”.
      (4)
In subsection (2)—
(a)
for “The Director” substitute “An authorised person”; and
(b)
for “the staff of the Agency” substitute “SOCA’s staff”.
35
      (5)
In subsection (3)—
(a)
for “the Director” substitute “an authorised person”; and
(b)
for “the staff of the Agency”, in both places where it appears,
substitute “SOCA’s staff”.
      (6)
In subsection (4) for “the staff of the Agency” substitute “SOCA’s staff”.
40
      (7)
Omit subsection (5).