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Serious Crime Bill [HL]


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

12

 

Extension of jurisdiction to Crown Court

19      

Orders by Crown Court 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

5

committed a serious offence in England and Wales and has been

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, in addition to dealing with the person in relation to the

10

offence, make an order if 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.

(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

15

committed a serious offence in Northern Ireland.

(4)   

The Crown Court may, in addition to dealing with the person in relation to the

offence, make an order if 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 Northern Ireland.

20

(5)   

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

preventing, restricting or disrupting involvement by the person concerned in

25

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

(6)   

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

sections 6 to 15 (safeguards).

(7)   

An order must not be made under this section except—

(a)   

in addition to a sentence imposed in respect of the offence concerned; or

30

(b)   

in addition to an order discharging the person conditionally.

(8)   

An order under this section is also called a serious crime prevention order.

20      

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—

35

(a)   

has been convicted by or before a magistrates’ court of having

committed a serious offence in England and Wales and has been

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.

40

(2)   

The Crown Court may—

(a)   

in the case of a person who is the subject of a serious crime prevention

order in England and Wales; and

(b)   

in addition to dealing with the person in relation to the offence;

 
 

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

13

 

   

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.

(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

5

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

order in Northern Ireland; and

(b)   

in addition to dealing with the person in relation to the offence;

10

   

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.

(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)).

21      

Powers of Crown Court to vary orders on breach

(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

25

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

(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

30

order.

(2)   

The Crown Court may—

(a)   

in the case of an order in England and Wales; and

(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

35

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

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.

40

(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;

 
 

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

14

 

   

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.

5

(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

10

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.

15

(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

20

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

25

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

30

(c)   

not to discharge such an order;

   

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

35 of the Judicature (Northern Ireland) Act 1978 (c. 23), in relation to any

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—

40

(a)   

the person who is the subject of the order; or

 
 

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

15

 

(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;

5

   

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

10

(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;

15

(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

20

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

25

(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

30

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.

35

(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

40

that made it.

 
 

 
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