|
| |
|
(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 |
| |
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 |
| |
| |
(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 |
| |
| 25 |
(4) | In subsection (5) for “(4)” substitute “(4B)”. |
| |
111 (1) | Section 369 (supplementary) is amended as follows. |
| |
| |
(a) | after “investigator,”, where it first appears, insert “a member of |
| |
| 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 |
| |
(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.”. |
| |
| |
|
| |
|
| |
|
(a) | in paragraph (a) for “the Director” substitute “the Director General of |
| |
| |
(b) | in paragraph (b) for “members of the staff of the Agency” substitute |
| |
“other members of SOCA’s staff”. |
| |
| 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 |
| |
| 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 |
| |
| 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 |
| |
| 20 |
(2) | The Advocate General for Northern Ireland must prepare a code of |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 45 |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(b) | a senior member of SOCA’s staff is a senior appropriate |
| |
| 25 |
(5) | In subsection (5) for “the Serious Organised Crime Agency” substitute |
| |
| |
| |
(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 |
| |
| |
“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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| 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.” |
| |
| |
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 |
| |
| |
| |
|
| |
|
| |
|
(4) | In subsection (7) for “Director” substitute “National Policing Improvement |
| |
| |
| |
| |
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 |
| |
| |
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 |
| |
| 15 |
(2) | In this section “a relevant authority” means— |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
|
| |
|
| |
|
providing services under arrangements made by SOCA if the person |
| |
is authorised by SOCA (whether generally or specifically) for that |
| |
| |
(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 |
| |
(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 |
| |
| |
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 |
| |
| 40 |
132 | In section 439(5) (disclosure of information to Lord Advocate and to Scottish |
| |
| |
(a) | in paragraph (b) for “the Director General of the Serious Organised |
| |
Crime Agency” substitute “SOCA”; and |
| |
|
| |
|
| |
|
(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 |
| |
| |
(2) | In subsection (3)(a) for “and the Director” substitute “, SOCA and the |
| 15 |
| |
(3) | After subsection (4) insert— |
| |
“(5) | In this section “relevant Director” has the meaning given by section |
| |
| |
136 | In section 444(4)(d) (external requests and orders) for “the Director” |
| 20 |
| |
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”. |
| |
| |
(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 |
| |
| |
| |
(a) | for “The Director” substitute “An authorised person”; and |
| |
(b) | for “the staff of the Agency” substitute “SOCA’s staff”. |
| 35 |
| |
(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 |
| |
|
| |
|