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]
Part 1 — Serious Crime Prevention Orders
13

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Powers of Crown Court to vary orders on conviction
(1)
Subsection (2) applies where the Crown Court in England and Wales is dealing
with a person who—
(a)
has been convicted by or before a magistrates’ court of having
committed a serious offence in England and Wales and has been
5
committed to the Crown Court to be dealt with; or
(b)
has been convicted by or before the Crown Court of having committed
a serious offence in England and Wales.
(2)
The Crown Court may—
(a)
in the case of a person who is the subject of a serious crime prevention
10
order in England and Wales; and
(b)
in addition to dealing with the person in relation to the offence;

vary the order if the court has reasonable grounds to believe that the terms of
the order as varied would protect the public by preventing, restricting or
disrupting involvement by the person in serious crime in England and Wales.
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(3)
Subsection (4) applies where the Crown Court in Northern Ireland is dealing
with a person who has been convicted by or before the Crown Court of having
committed a serious offence in Northern Ireland.
(4)
The Crown Court may—
(a)
in the case of a person who is the subject of a serious crime prevention
20
order in Northern Ireland; and
(b)
in addition to dealing with the person in relation to the offence;

vary the order if the court has reasonable grounds to believe that the terms of
the order as varied would protect the public by preventing, restricting or
disrupting involvement by the person in serious crime in Northern Ireland.
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(5)
A variation under this section may be made only on an application by the
relevant applicant authority.
(6)
A variation must not be made except—
(a)
in addition to a sentence imposed in respect of the offence concerned; or
(b)
in addition to an order discharging the person conditionally.
30
(7)
A variation may include an extension of the period during which the order, or
any provision of it, is in force (subject to the original limits imposed on the
order by section 16(2) and (4)(b)).
21
Powers of Crown Court to vary orders on breach
(1)
Subsection (2) applies where the Crown Court in England and Wales is dealing
35
with a person who—
(a)
has been convicted by or before a magistrates’ court of having
committed an offence under section 25 in relation to a serious crime
prevention order and has been committed to the Crown Court to be
dealt with; or
40
(b)
has been convicted by or before the Crown Court of having committed
an offence under section 25 in relation to a serious crime prevention
order.
(2)
The Crown Court may—
(a)
in the case of an order in England and Wales; and
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Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders
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(b)
in addition to dealing with the person in relation to the offence;

vary the order if it has reasonable grounds to believe that the terms of the order
as varied would protect the public by preventing, restricting or disrupting
involvement by the person in serious crime in England and Wales.
(3)
Subsection (4) applies where the Crown Court in Northern Ireland is dealing
5
with a person who has been convicted by or before the Crown Court of an
offence under section 25 in relation to a serious crime prevention order.
(4)
The Crown Court may—
(a)
in the case of an order in Northern Ireland; and
(b)
in addition to dealing with the person in relation to the offence;
10

vary the order if it has reasonable grounds to believe that the terms of the order
as varied would protect the public by preventing, restricting or disrupting
involvement by the person in serious crime in Northern Ireland.
(5)
A variation under this section may be made only on an application by the
relevant applicant authority.
15
(6)
A variation must not be made except—
(a)
in addition to a sentence imposed in respect of the offence concerned; or
(b)
in addition to an order discharging the person conditionally.
(7)
A variation may include an extension of the period during which the order, or
any provision of it, is in force (subject to the original limits imposed on the
20
order by section 16(2) and (4)(b)).
22
Inter-relationship between different types of orders
(1)
The fact that a serious crime prevention order has been made or varied by the
High Court does not prevent it from being varied by the Crown Court in
accordance with this Part.
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(2)
The fact that a serious crime prevention order has been made or varied by the
Crown Court does not prevent it from being varied or discharged by the High
Court in accordance with this Part.
(3)
A decision by the Crown Court not to make an order under section 19 does not
prevent a subsequent application to the High Court for an order under section
30
1 in consequence of the same offence.
(4)
A decision by the Crown Court not to vary a serious crime prevention order
under section 20 or 21 does not prevent a subsequent application to the High
Court for a variation of the order in consequence of the same offence.
Appeals
35
23
Additional right of appeal from High Court
(1)
An appeal may be made to the Court of Appeal in relation to a decision of the
High Court—
(a)
to make a serious crime prevention order;
(b)
to vary, or not to vary, such an order; or
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(c)
not to discharge such an order;

Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders
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by any person who was given an opportunity to make representations in the
proceedings concerned by virtue of section 9(1), (2) or (as the case may be) (3).
(2)
Subsection (1) is without prejudice to the rights of other persons to make
appeals, by virtue of section 16 of the Senior Courts Act 1981 (c. 54) or section
35 of the Judicature (Northern Ireland) Act 1978 (c. 23), in relation to any
5
judgments or orders of the High Court about serious crime prevention orders.
24
Appeals from Crown Court to Court of Appeal
(1)
An appeal against a decision of the Crown Court in relation to a serious crime
prevention order may be made to the Court of Appeal by—
(a)
the person who is the subject of the order; or
10
(b)
the relevant applicant authority.
(2)
In addition, an appeal may be made to the Court of Appeal in relation to a
decision of the Crown Court—
(a)
to make a serious crime prevention order; or
(b)
to vary, or not to vary, such an order;
15

by any person who was given an opportunity to make representations in the
proceedings concerned by virtue of section 9(4).
(3)
An appeal under this section lies only with the leave of the Court of Appeal.
Enforcement
25
Offence of failing to comply with order
20
(1)
A person who, without reasonable excuse, fails to comply with a serious crime
prevention order commits an offence.
(2)
A person who commits an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding 12
months or to a fine not exceeding the statutory maximum or to both;
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(b)
on conviction on indictment, to imprisonment for a term not exceeding
5 years or to a fine or to both.
(3)
In the application of subsection (2)(a) in Northern Ireland, the reference to 12
months is to be read as a reference to 6 months.
(4)
In proceedings for an offence under this section, a copy of the original order or
30
any variation of it, certified as such by the proper officer of the court which
made it, is admissible as evidence of its having been made and of its contents
to the same extent that oral evidence of those things is admissible in those
proceedings.
26
Powers of forfeiture in respect of offence
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(1)
The court before which a person is convicted of an offence under section 25
may order the forfeiture of anything in his possession at the time of the offence
which the court considers to have been involved in the offence.
(2)
Before making an order under subsection (1) in relation to anything the court
must give an opportunity to make representations to any person (in addition
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Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders
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to the convicted person) who claims to be the owner of that thing or otherwise
to have an interest in it.
(3)
An order under subsection (1) may not be made so as to come into force at any
time before there is no further possibility (ignoring any power to appeal out of
time) of the order being varied or set aside on appeal.
5
(4)
Where the court makes an order under subsection (1), it may also make such
other provision as it considers to be necessary for giving effect to the forfeiture.
(5)
That provision may, in particular, include provision relating to the retention,
handling, destruction or other disposal of what is forfeited.
(6)
Provision made by virtue of this section may be varied at any time by the court
10
that made it.
27
Powers to wind up companies etc: England and Wales and Scotland
(1)
The Director of Public Prosecutions, the Director of Revenue and Customs
Prosecutions or the Director of the Serious Fraud Office may present a petition
to the court for the winding up of a company, partnership or relevant body if—
15
(a)
the company, partnership or relevant body has been convicted of an
offence under section 25 in relation to a serious crime prevention order;
and
(b)
the Director concerned considers that it would be in the public interest
for the company, partnership or (as the case may be) relevant body to
20
be wound up.
(2)
The Insolvency Act 1986 (c. 45) applies in relation to—
(a)
a petition under this section for the winding up of a company; and
(b)
the company’s winding up;

as it applies in relation to a petition under section 124A of the Act of 1986 for
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the winding up of a company and the company’s winding up (winding up on
grounds of public interest) but subject to the modifications in subsections (3)
and (4).
(3)
Section 124(4)(b) of the Act of 1986 (application for winding up) applies in
relation to a petition under this section as if it permits the petition to be
30
presented by the Director of Public Prosecutions, the Director of Revenue and
Customs Prosecutions or the Director of the Serious Fraud Office.
(4)
The court may make an order under section 125 of the Act of 1986 (powers of
court on hearing of petition) to wind up the company only if—
(a)
the company has been convicted of an offence under section 25 in
35
relation to a serious crime prevention order; and
(b)
the court considers that it is just and equitable for the company to be
wound up.
(5)
Section 420 of the Act of 1986 (power to make provision about insolvent
partnerships) applies for the purposes of this section as if the reference to an
40
insolvent partnership were a reference to a partnership to which this section
applies.
(6)
The Secretary of State may by order provide for the Act of 1986 to apply, with
such modifications as he considers appropriate, in relation to a petition under
this section for the winding up of a relevant body and the relevant body’s
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winding up.

Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders
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(7)
An order made by virtue of subsection (5) or (6) must ensure that the court may
make an order to wind up the partnership or relevant body only if—
(a)
the partnership or relevant body has been convicted of an offence
under section 25 in relation to a serious crime prevention order; and
(b)
the court considers that it is just and equitable for the partnership or
5
relevant body to be wound up.
(8)
No petition may be presented to, or order to wind up made by, a court in
Scotland by virtue of this section in respect of a company, partnership or
relevant body whose estate may be sequestrated under the Bankruptcy
(Scotland) Act 1985 (c. 66).
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(9)
No petition may be presented, or order to wind up made, by virtue of this
section if—
(a)
an appeal against conviction for the offence concerned has been made
and not finally determined; or
(b)
the period during which such an appeal may be made has not expired.
15
(10)
No petition may be presented, or order to wind up made, by virtue of this
section if the company, partnership or relevant body is already being wound
up by the court.
(11)
In deciding for the purposes of subsection (9) whether an appeal is finally
determined or whether the period during which an appeal may be made has
20
expired, any power to appeal out of time is to be ignored.
(12)
In this section—
“company” has the same meaning as in Parts 1 to 7 of the Insolvency Act
1986 (c. 45) (see section 251 of that Act) but—
(a)
does not include a relevant body; and
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(b)
subject to this, does include an unregistered company within
the meaning of Part 5 of that Act (see section 220 of that Act);
“the court” has the same meaning as in Parts 1 to 7 of the Insolvency Act
1986 but does not include a court in Northern Ireland;
“an industrial and provident society” means a society registered under
30
the Industrial and Provident Societies Act 1965 (c. 12) or a society
deemed by virtue of section 4 of that Act to be so registered; and
“relevant body” means—
(a)
a building society (within the meaning of the Building Societies
Act 1986 (c. 53));
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(b)
an incorporated friendly society (within the meaning of the
Friendly Societies Act 1992 (c. 40));
(c)
an industrial and provident society; or
(d)
such other description of person as may be specified by order
made by the Secretary of State;
40

and the references to sections 124 to 125 of the Insolvency Act 1986 include
references to those sections as applied by section 221(1) of that Act
(unregistered companies).
28
Powers to wind up companies etc: Northern Ireland
(1)
The Director of Public Prosecutions for Northern Ireland may present a
45
petition to the court for the winding up of a company, partnership or relevant
body if—

Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders
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(a)
the company, partnership or relevant body has been convicted of an
offence under section 25 in relation to a serious crime prevention order;
and
(b)
the Director of Public Prosecutions for Northern Ireland considers that
it would be in the public interest for the company, partnership or (as the
5
case may be) relevant body to be wound up.
(2)
The Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) applies
in relation to—
(a)
a petition under this section for the winding up of a company; and
(b)
the company’s winding up;
10

as it applies in relation to a petition under Article 104A of the Order of 1989 for
the winding up of a company and the company’s winding up (winding up on
grounds of public interest) but subject to the modifications in subsections (3)
and (4).
(3)
Article 104(5)(b) of the Order of 1989 (application for winding up) applies in
15
relation to a petition under this section as if it permits the petition to be
presented by the Director of Public Prosecutions for Northern Ireland.
(4)
The court may make an order under Article 105 of the Order of 1989 (powers
of court on hearing of petition) to wind up the company only if—
(a)
the company has been convicted of an offence under section 25 in
20
relation to a serious crime prevention order; and
(b)
the court considers that it is just and equitable for the company to be
wound up.
(5)
Article 364 of the Order of 1989 (power to make provision about insolvent
partnerships) applies for the purposes of this section as if the reference to an
25
insolvent partnership were a reference to a partnership to which this section
applies.
(6)
The Secretary of State may by order provide for the Order of 1989 to apply,
with such modifications as he considers appropriate, in relation to a petition
under this section for the winding up of a relevant body and the relevant
30
body’s winding up.
(7)
An order made by virtue of subsection (5) or (6) must ensure that the court may
make an order to wind up the partnership or relevant body only if—
(a)
the partnership or relevant body has been convicted of an offence
under section 25 in relation to a serious crime prevention order; and
35
(b)
the court considers that it is just and equitable for the partnership or
relevant body to be wound up.
(8)
No petition may be presented, or order to wind up made, by virtue of this
section if—
(a)
an appeal against conviction for the offence concerned has been made
40
and not finally determined; or
(b)
the period during which such an appeal may be made has not expired.
(9)
No petition may be presented, or order to wind up made, by virtue of this
section if the company, partnership or relevant body is already being wound
up by the court.
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Serious Crime Bill [HL]
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(10)
In deciding for the purposes of subsection (8) whether an appeal is finally
determined or whether the period during which an appeal may be made has
expired, any power to appeal out of time is to be ignored.
(11)
In this section—
“company” has the same meaning as in Parts 2 to 7 of the Insolvency
5
(Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) (see Article 5 of
that Order) but—
(a)
does not include a relevant body; and
(b)
subject to this, does include an unregistered company within
the meaning of Part 6 of that Order (see Article 184 of that
10
Order);
“the court” means the High Court in Northern Ireland;
“an industrial and provident society” means a society registered under
the Industrial and Provident Societies Act (Northern Ireland) 1969 (c.
24) or a society deemed by virtue of section 4 of that Act to be so
15
registered; and
“relevant body” means—
(a)
a building society (within the meaning of the Building Societies
Act 1986 (c. 53));
(b)
an incorporated friendly society (within the meaning of the
20
Friendly Societies Act 1992 (c. 40));
(c)
an industrial and provident society; or
(d)
such other description of person as may be specified by order
made by the Secretary of State;

and the references to Articles 104 to 105 of the Insolvency (Northern Ireland)
25
Order 1989 (S.I. 1989/2405 (N.I.19)) include references to those Articles as
applied by Article 185(1) of that Order (unregistered companies).
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Powers to wind up: supplementary
(1)
The Secretary of State may by order make such modifications as he considers
appropriate to the application of—
30
(a)
the Insolvency Act 1986 (c. 45) by virtue of section 27(2); or
(b)
the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19))
by virtue of section 28(2).
(2)
Any modifications made by virtue of subsection (1) are in addition to the
modifications made by section 27(3) and (4) or (as the case may be) section 28(3)
35
and (4).
(3)
The Secretary of State may by order make such consequential or
supplementary provision, applying with or without modifications any
provision made by or under an enactment, as he considers appropriate in
connection with section 27(2) to (4) or 28(2) to (4).
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(4)
An order made by virtue of section 27(5) or (6), section 28(5) or (6) or subsection
(1) above may, in particular, contain consequential or supplementary
provision applying, with or without modifications, any provision made by or
under an enactment.