Serious Organised Crime and Police Bill

House of Lords

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Serious Organised Crime and Police Bill

Serious Organised Crime and Police Bill
Part 2 — Investigations, prosecutions, proceedings and proceeds of crime
Chapter 1 — Investigatory powers of DPP, etc.
34

(5)
A disclosure notice must be signed or counter-signed by the Investigating
Authority.
(6)
This section has effect subject to section 61 (restrictions on requiring
information etc.).
60
Production of documents
5
(1)
This section applies where a disclosure notice has been given under section 59.
(2)
An authorised person may—
(a)
take copies of or extracts from any documents produced in compliance
with the notice, and
(b)
require the person producing them to provide an explanation of any of
10
them.
(3)
Documents so produced may be retained for so long as the Investigating
Authority considers that it is necessary to retain them (rather than copies of
them) in connection with the investigation for the purposes of which the
disclosure notice was given.
15
(4)
If the Investigating Authority has reasonable grounds for believing—
(a)
that any such documents may have to be produced for the purposes of
any legal proceedings, and
(b)
that they might otherwise be unavailable for those purposes,

they may be retained until the proceedings are concluded.
20
(5)
If a person who is required by a disclosure notice to produce any documents
does not produce the documents in compliance with the notice, an authorised
person may require that person to state, to the best of his knowledge and belief,
where they are.
(6)
In this section “authorised person” means any appropriate person who
25
either—
(a)
is the person by whom the notice was given, or
(b)
is authorised by the Investigating Authority for the purposes of this
section.
(7)
This section has effect subject to section 61 (restrictions on requiring
30
information etc.).
61
Restrictions on requiring information etc.
(1)
A person may not be required under section 59 or 60—
(a)
to answer any privileged question,
(b)
to provide any privileged information, or
35
(c)
to produce any privileged document,

except that a lawyer may be required to provide the name and address of a
client of his.
(2)
A “privileged question” is a question which the person would be entitled to
refuse to answer on grounds of legal professional privilege in proceedings in
40
the High Court.

Serious Organised Crime and Police Bill
Part 2 — Investigations, prosecutions, proceedings and proceeds of crime
Chapter 1 — Investigatory powers of DPP, etc.
35

(3)
“Privileged information” is information which the person would be entitled to
refuse to provide on grounds of legal professional privilege in such
proceedings.
(4)
A “privileged document” is a document which the person would be entitled to
refuse to produce on grounds of legal professional privilege in such
5
proceedings.
(5)
A person may not be required under section 59 to produce any excluded
material (as defined by section 11 of the Police and Criminal Evidence Act 1984
(c. 60)).
(6)
In the application of this section to Scotland—
10
(a)
subsections (1) to (5) do not have effect, but
(b)
a person may not be required under section 59 or 60 to answer any
question, provide any information or produce any document which he
would be entitled, on grounds of legal privilege, to refuse to answer or
(as the case may be) provide or produce.
15
(7)
A person may not be required under section 59 or 60 to disclose any
information or produce any document in respect of which he owes an
obligation of confidence by virtue of carrying on any banking business,
unless—
(a)
the person to whom the obligation of confidence is owed consents to
20
the disclosure or production, or
(b)
the requirement is made by, or in accordance with a specific
authorisation given by, the Investigating Authority.
(8)
Subject to the preceding provisions, any requirement under section 59 or 60 has
effect despite any restriction on disclosure (however imposed).
25
62
Restrictions on use of statements
(1)
A statement made by a person in response to a requirement imposed under
section 59 or 60 (“the relevant statement”) may not be used in evidence against
him in any criminal proceedings unless subsection (2) or (3) applies.
(2)
This subsection applies where the person is being prosecuted—
30
(a)
for an offence under section 64 of this Act, or
(b)
for an offence under section 5 of the Perjury Act 1911 (c. 6) (false
statements made on oath otherwise than in judicial proceedings or
made otherwise than on oath), or
(c)
for an offence under section 2 of the False Oaths (Scotland) Act 1933
35
(c. 20) (false statutory declarations and other false statements without
oath) or at common law for an offence of attempting to pervert the
course, or defeat the ends, of justice.
(3)
This subsection applies where the person is being prosecuted for some other
offence and—
40
(a)
the person, when giving evidence in the proceedings, makes a
statement inconsistent with the relevant statement, and
(b)
in the proceedings evidence relating to the relevant statement is
adduced, or a question about it is asked, by or on behalf of the person.

Serious Organised Crime and Police Bill
Part 2 — Investigations, prosecutions, proceedings and proceeds of crime
Chapter 1 — Investigatory powers of DPP, etc.
36

Enforcement
63
Power to enter and seize documents
(1)
A justice of the peace may issue a warrant under this section if, on an
information on oath laid by the Investigating Authority, he is satisfied—
(a)
that any of the conditions mentioned in subsection (2) is met in relation
5
to any documents of a description specified in the information, and
(b)
that the documents are on premises so specified.
(2)
The conditions are—
(a)
that a person has been required by a disclosure notice to produce the
documents but has not done so;
10
(b)
that it is not practicable to give a disclosure notice requiring their
production;
(c)
that giving such a notice might seriously prejudice the investigation of
an offence to which this Chapter applies.
(3)
A warrant under this section is a warrant authorising an appropriate person
15
named in it—
(a)
to enter and search the premises, using such force as is reasonably
necessary;
(b)
to take possession of any documents appearing to be documents of a
description specified in the information, or to take any other steps
20
which appear to be necessary for preserving, or preventing interference
with, any such documents;
(c)
in the case of any such documents consisting of information recorded
otherwise than in legible form, to take possession of any computer disk
or other electronic storage device which appears to contain the
25
information in question, or to take any other steps which appear to be
necessary for preserving, or preventing interference with, that
information;
(d)
to take copies of or extracts from any documents or information falling
within paragraph (b) or (c);
30
(e)
to require any person on the premises to provide an explanation of any
such documents or information or to state where any such documents
or information may be found;
(f)
to require any such person to give the appropriate person such
assistance as he may reasonably require for the taking of copies or
35
extracts as mentioned in paragraph (d).
(4)
A person executing a warrant under this section may take other persons with
him, if it appears to him to be necessary to do so.
(5)
A warrant under this section must, if so required, be produced for inspection
by the owner or occupier of the premises or anyone acting on his behalf.
40
(6)
If the premises are unoccupied or the occupier is temporarily absent, a person
entering the premises under the authority of a warrant under this section must
leave the premises as effectively secured against trespassers as he found them.
(7)
Where possession of any document or device is taken under this section—
(a)
the document may be retained for so long as the Investigating
45
Authority considers that it is necessary to retain it (rather than a copy

Serious Organised Crime and Police Bill
Part 2 — Investigations, prosecutions, proceedings and proceeds of crime
Chapter 1 — Investigatory powers of DPP, etc.
37

of it) in connection with the investigation for the purposes of which the
warrant was sought, or
(b)
the device may be retained for so long as he considers that it is
necessary to retain it in connection with that investigation,

as the case may be.
5
(8)
If the Investigating Authority has reasonable grounds for believing—
(a)
that any such document or device may have to be produced for the
purposes of any legal proceedings, and
(b)
that it might otherwise be unavailable for those purposes,

it may be retained until the proceedings are concluded.
10
(9)
Nothing in this section authorises a person to take possession of, or make
copies of or take extracts from, any document or information which, by virtue
of section 61, could not be required to be produced or disclosed under section
59 or 60.
(10)
In the application of this section to Scotland—
15
(a)
subsection (1) has effect as if, for the words from the beginning to
“satisfied—”, there were substituted “A sheriff may issue a warrant
under this section, on the application of a procurator fiscal, if he is
satisfied—”;
(b)
subsections (1)(a) and (3)(b) have effect as if, for “in the information”,
20
there were substituted “in the application”; and
(c)
subsections (4) to (6) do not have effect.
64
Offences in connection with disclosure notices or search warrants
(1)
A person commits an offence if, without reasonable excuse, he fails to comply
with any requirement imposed on him under section 59 or 60.
25
(2)
A person commits an offence if, in purported compliance with any
requirement imposed on him under section 59 or 60—
(a)
he makes a statement which is false or misleading, and
(b)
he either knows that it is false or misleading or is reckless as to whether
it is false or misleading.
30

“False or misleading” means false or misleading in a material particular.
(3)
A person commits an offence if he wilfully obstructs any person in the exercise
of any rights conferred by a warrant under section 63.
(4)
A person guilty of an offence under subsection (1) or (3) is liable on summary
conviction—
35
(a)
to imprisonment for a term not exceeding 51 weeks, or
(b)
to a fine not exceeding level 5 on the standard scale,

or to both.
(5)
A person guilty of an offence under subsection (2) is liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding
40
two years or to a fine, or to both;
(b)
on summary conviction, to imprisonment for a term not exceeding 12
months or to a fine not exceeding the statutory maximum, or to both.
(6)
In the application of this section to Scotland, the reference to 51 weeks in
subsection (4)(a) is to be read as a reference to 12 months.
45