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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

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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

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(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

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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.

45

 

 

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,

25

(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).

 

 

 
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