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Serious Crime Bill [HL]


Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders

1

 

A

Bill

[AS AMENDED IN COMMITTEE]

To

Make provision about serious crime prevention orders; to create offences in

respect of the encouragement or assistance of crime; to enable information to

be shared or processed to prevent fraud; to enable data matching to be

conducted both in relation to fraud and for other purposes; to transfer

functions of the Director of the Assets Recovery Agency to the Serious

Organised Crime Agency and other persons and to make further provision in

connection with the abolition of the Agency and the office of Director; to

amend the Proceeds of Crime Act 2002 in relation to certain investigations and

in relation to accredited financial investigators and search warrants; to make

amendments relating to Her Majesty’s Revenue and Customs in connection

with the regulation of investigatory powers; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Serious Crime Prevention Orders

General

1       

Serious crime prevention orders

(1)   

The High Court in England and Wales may make an order if—

5

(a)   

it is satisfied that a person has been involved in serious crime (whether

in England and Wales or elsewhere); and

(b)   

it has reasonable grounds to believe that the order would protect the

public by preventing, restricting or disrupting involvement by the

person in serious crime in England and Wales.

10

 
HL Bill 5954/2
 
 

Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders

2

 

(2)   

The High Court in Northern Ireland may make an order if—

(a)   

it is satisfied that a person has been involved in serious crime (whether

in Northern Ireland or elsewhere); and

(b)   

it has reasonable grounds to believe that the order would protect the

public by preventing, restricting or disrupting involvement by the

5

person in serious crime in Northern Ireland.

(3)   

An order under this section may contain—

(a)   

such prohibitions, restrictions or requirements; and

(b)   

such other terms;

   

as the court considers appropriate for the purpose of protecting the public by

10

preventing, restricting or disrupting involvement by the person concerned in

serious crime in England and Wales or (as the case may be) Northern Ireland.

(4)   

The powers of the court in respect of an order under this section are subject to

sections 6 to 15 (safeguards).

(5)   

In this Part “serious crime prevention order” means—

15

(a)   

an order under this section; or

(b)   

an order under section 19 (corresponding order of the Crown Court on

conviction).

(6)   

For the purposes of this Part references to the person who is the subject of a

serious crime prevention order are references to the person against whom the

20

public are to be protected.

2       

Involvement in serious crime: England and Wales orders

(1)   

For the purposes of this Part, a person has been involved in serious crime in

England and Wales if he—

(a)   

has committed a serious offence in England and Wales;

25

(b)   

has facilitated the commission by another person of a serious offence in

England and Wales; or

(c)   

has conducted himself in a way that was likely to facilitate the

commission by himself or another person of a serious offence in

England and Wales (whether or not such an offence was committed).

30

(2)   

In this Part “a serious offence in England and Wales” means an offence under

the law of England and Wales which, at the time when the court is considering

the application or matter in question—

(a)   

is specified, or falls within a description specified, in Part 1 of Schedule

1; or

35

(b)   

is one which, in the particular circumstances of the case, the court

considers to be sufficiently serious to be treated for the purposes of the

application or matter as if it were so specified.

(3)   

For the purposes of this Part, involvement in serious crime in England and

Wales is any one or more of the following—

40

(a)   

the commission of a serious offence in England and Wales;

(b)   

conduct which facilitates the commission by another person of a

serious offence in England and Wales;

(c)   

conduct which is likely to facilitate the commission, by the person

whose conduct it is or another person, of a serious offence in England

45

and Wales (whether or not such an offence is committed).

 
 

Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders

3

 

(4)   

For the purposes of section 1(1)(a), a person has been involved in serious crime

elsewhere than in England and Wales if he—

(a)   

has committed a serious offence in a country outside England and

Wales;

(b)   

has facilitated the commission by another person of a serious offence in

5

a country outside England and Wales; or

(c)   

has conducted himself in a way that was likely to facilitate the

commission by himself or another person of a serious offence in a

country outside England and Wales (whether or not such an offence

was committed).

10

(5)   

In subsection (4) “a serious offence in a country outside England and Wales”

means an offence under the law of a country outside England and Wales

which, at the time when the court is considering the application or matter in

question—

(a)   

would be an offence under the law of England and Wales if committed

15

in or as regards England and Wales; and

(b)   

either—

(i)   

would be an offence which is specified, or falls within a

description specified, in Part 1 of Schedule 1 if committed in or

as regards England and Wales; or

20

(ii)   

is conduct which, in the particular circumstances of the case, the

court considers to be sufficiently serious to be treated for the

purposes of the application or matter as if it meets the test in

sub-paragraph (i).

(6)   

The test in subsection (4) is to be used instead of the test in section 3(1) in

25

deciding for the purposes of section 1(1)(a) whether a person has been involved

in serious crime in Northern Ireland.

(7)   

An act punishable under the law of a country outside the United Kingdom

constitutes an offence under that law for the purposes of subsection (5),

however it is described in that law.

30

3       

Involvement in serious crime: Northern Ireland orders

(1)   

For the purposes of this Part, a person has been involved in serious crime in

Northern Ireland if he—

(a)   

has committed a serious offence in Northern Ireland;

(b)   

has facilitated the commission by another person of a serious offence in

35

Northern Ireland; or

(c)   

has conducted himself in a way that was likely to facilitate the

commission by himself or another person of a serious offence in

Northern Ireland (whether or not such an offence was committed).

(2)   

In this Part “a serious offence in Northern Ireland” means an offence under the

40

law of Northern Ireland which, at the time when the court is considering the

application or matter in question—

(a)   

is specified, or falls within a description specified, in Part 2 of Schedule

1; or

(b)   

is one which, in the particular circumstances of the case, the court

45

considers to be sufficiently serious to be treated for the purposes of the

application or matter as if it were so specified.

 
 

Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders

4

 

(3)   

For the purposes of this Part, involvement in serious crime in Northern Ireland

is any one or more of the following—

(a)   

the commission of a serious offence in Northern Ireland;

(b)   

conduct which facilitates the commission by another person of a

serious offence in Northern Ireland;

5

(c)   

conduct which is likely to facilitate the commission, by the person

whose conduct it is or another person, of a serious offence in Northern

Ireland (whether or not such an offence is committed).

(4)   

For the purposes of section 1(2)(a), a person has been involved in serious crime

elsewhere than in Northern Ireland if he—

10

(a)   

has committed a serious offence in a country outside Northern Ireland;

(b)   

has facilitated the commission by another person of a serious offence in

a country outside Northern Ireland; or

(c)   

has conducted himself in a way that was likely to facilitate the

commission by himself or another person of a serious offence in a

15

country outside Northern Ireland (whether or not such an offence was

committed).

(5)   

In subsection (4) “a serious offence in a country outside Northern Ireland”

means an offence under the law of a country outside Northern Ireland which,

at the time when the court is considering the application or matter in

20

question—

(a)   

would be an offence under the law of Northern Ireland if committed in

or as regards Northern Ireland; and

(b)   

either—

(i)   

would be an offence which is specified, or falls within a

25

description specified, in Part 2 of Schedule 1 if committed in or

as regards Northern Ireland; or

(ii)   

is conduct which, in the particular circumstances of the case, the

court considers to be sufficiently serious to be treated for the

purposes of the application or matter as if it meets the test in

30

sub-paragraph (i).

(6)   

The test in subsection (4) is to be used instead of the test in section 2(1) in

deciding for the purposes of section 1(2)(a) whether a person has been involved

in serious crime in England and Wales.

(7)   

An act punishable under the law of a country outside the United Kingdom

35

constitutes an offence under that law for the purposes of subsection (5),

however it is described in that law.

4       

Involvement in serious crime: supplementary

(1)   

In considering for the purposes of this Part whether a person has committed a

serious offence—

40

(a)   

the court must decide that the person has committed the offence if—

(i)   

he has been convicted of the offence; and

(ii)   

the conviction has not been quashed on appeal nor has the

person been pardoned of the offence; but

(b)   

the court must not otherwise decide that the person has committed the

45

offence.

 
 

Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders

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(2)   

In deciding for the purposes of this Part whether a person (“the respondent”)

facilitates the commission by another person of a serious offence, the court

must ignore—

(a)   

any act that the respondent can show to be reasonable in the

circumstances; and

5

(b)   

subject to this, his intentions, or any other aspect of his mental state, at

the time.

(3)   

In deciding for the purposes of this Part whether a person (“the respondent”)

conducts himself in a way that is likely to facilitate the commission by himself

or another person of a serious offence (whether or not such an offence is

10

committed), the court must ignore—

(a)   

any act that the respondent can show to be reasonable in the

circumstances; and

(b)   

subject to this, his intentions, or any other aspect of his mental state, at

the time.

15

(4)   

The Secretary of State may by order amend Schedule 1.

5       

Type of provision that may be made by orders

(1)   

This section contains examples of the type of provision that may be made by a

serious crime prevention order but it does not limit the type of provision that

may be made by such an order.

20

(2)   

Examples of prohibitions, restrictions or requirements that may be imposed by

serious crime prevention orders in England and Wales or Northern Ireland

include prohibitions, restrictions or requirements in relation to places other

than England and Wales or (as the case may be) Northern Ireland.

(3)   

Examples of prohibitions, restrictions or requirements that may be imposed on

25

individuals (including partners in a partnership) by serious crime prevention

orders include prohibitions or restrictions on, or requirements in relation to—

(a)   

an individual’s financial, property or business dealings or holdings;

(b)   

an individual’s working arrangements;

(c)   

the means by which an individual communicates or associates with

30

others, or the persons with whom he communicates or associates;

(d)   

the premises to which an individual has access;

(e)   

the use of any premises or item by an individual;

(f)   

an individual’s travel (whether within the United Kingdom, between

the United Kingdom and other places or otherwise).

35

(4)   

Examples of prohibitions, restrictions or requirements that may be imposed on

bodies corporate, partnerships and unincorporated associations by serious

crime prevention orders include prohibitions or restrictions on, or

requirements in relation to—

(a)   

financial, property or business dealings or holdings of such persons;

40

(b)   

the types of agreements to which such persons may be a party;

(c)   

the provision of goods or services by such persons;

(d)   

the premises to which such persons have access;

(e)   

the use of any premises or item by such persons;

(f)   

the employment of staff by such persons.

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Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders

6

 

(5)   

Examples of requirements that may be imposed on any persons by serious

crime prevention orders include requirements to answer questions, provide

information or produce documents to law enforcement officers.

(6)   

The prohibitions, restrictions or requirements that may be imposed on

individuals by serious crime prevention orders include prohibitions,

5

restrictions or requirements in relation to an individual’s private dwelling

(including, for example, prohibitions or restrictions on, or requirements in

relation to, where an individual may reside).

(7)   

The prohibitions, restrictions or requirements that may be imposed by serious

crime prevention orders include prohibitions, restrictions or requirements that

10

are not specified in the orders but are determined in accordance with provision

made by the orders (including provision conferring discretion on law

enforcement officers).

(8)   

In this Part—

“document” means anything in which information of any description is

15

recorded (whether or not in legible form);

“a law enforcement officer” means—

(a)   

a constable;

(b)   

a member of the staff of the Serious Organised Crime Agency

who is for the time being designated under section 43 of the

20

Serious Organised Crime and Police Act 2005 (c. 15);

(c)   

an officer of Revenue and Customs; or

(d)   

a member of the Serious Fraud Office; and

“premises” includes any land, vehicle, vessel, aircraft or hovercraft.

(9)   

Any reference in this Part to the production of documents is, in the case of a

25

document which contains information recorded otherwise than in legible form,

a reference to the production of a copy of the information in legible form.

General safeguards in relation to orders

6       

Any individual must be 18 or over

An individual under the age of 18 may not be the subject of a serious crime

30

prevention order.

7       

Other exceptions

A person may not be the subject of a serious crime prevention order if the

person falls within a description specified by order of the Secretary of State.

8       

Limited class of applicants for making of orders

35

A serious crime prevention order may be made only on an application by—

(a)   

in the case of an order in England and Wales—

(i)   

the Director of Public Prosecutions;

(ii)   

the Director of Revenue and Customs Prosecutions; or

(iii)   

the Director of the Serious Fraud Office; and

40

(b)   

in the case of an order in Northern Ireland, the Director of Public

Prosecutions for Northern Ireland.

 
 

 
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