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Serious Crime Bill [HL]


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

21

 

31      

Unincorporated associations

(1)   

A serious crime prevention order against an unincorporated association must

be made in the name of the association (and not in that of any of its members).

(2)   

An order made in the name of the association continues to have effect despite

a change in the membership of the association provided that at least one of the

5

persons who was a member of the association before the change remains a

member after it.

(3)   

For the purposes of section 10 in its application to a serious crime prevention

order against an unincorporated association or to the variation of such an

order—

10

(a)   

a notice setting out the terms of the order or variation—

(i)   

is delivered to the association in person if it is delivered to an

officer of the association in person; and

(ii)   

is sent by recorded delivery to the association at its last-known

address if it is so sent to an officer of the association at the

15

address of the principal office of the association in the United

Kingdom; and

(b)   

the power conferred by subsection (3) of that section is a power to enter

any premises where the person exercising the power has reasonable

grounds for believing an officer of the association to be and to search

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those premises for the officer.

(4)   

Proceedings for an offence under section 25 alleged to have been committed by

an unincorporated association must be brought in the name of the association

(and not in that of any of its members).

(5)   

For the purposes of such proceedings—

25

(a)   

rules of court relating to the service of documents have effect as if the

association were a body corporate; and

(b)   

the following provisions apply as they apply in relation to a body

corporate—

(i)   

section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule

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3 to the Magistrates’ Courts Act 1980 (c. 43);

(ii)   

sections 70 and 143 of the Criminal Procedure (Scotland) Act

1995 (c. 46); and

(iii)   

section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c.

15 (N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern

35

Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)).

(6)   

A fine imposed on the association on its conviction for an offence under section

25 is to be paid out of the funds of the association.

(7)   

If an offence under section 25 committed by an unincorporated association is

proved to have been committed with the consent or connivance of an officer of

40

the association, he (as well as the association) is guilty of the offence and liable

to be proceeded against and punished accordingly.

(8)   

For the purposes of subsection (7)—

(a)   

references to an officer of an unincorporated association include

references to any person purporting to act in such a capacity; and

45

(b)   

subsection (4) is not to be read as prejudicing any liability of an officer

of an unincorporated association under subsection (7).

 
 

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

22

 

(9)   

Nothing in this section prevents a serious crime prevention order from being

made against—

(a)   

a member, officer or employee of an unincorporated association; or

(b)   

any other person associated with an unincorporated association.

(10)   

In this section—

5

“officer of an unincorporated association” means any officer of an

unincorporated association or any member of its governing body; and

“unincorporated association” means any body of persons unincorporate

but does not include a partnership.

32      

Overseas bodies

10

The Secretary of State may by order modify section 29, 30 or 31 in its

application to a body of persons formed under law having effect outside the

United Kingdom.

Supplementary

33      

Proceedings in the High Court

15

(1)   

Proceedings before the High Court in relation to serious crime prevention

orders are civil proceedings.

(2)   

One consequence of this is that the standard of proof to be applied by the court

in such proceedings is the civil standard of proof.

34      

Proceedings in the Crown Court

20

(1)   

Proceedings before the Crown Court arising by virtue of section 19, 20 or 21 are

civil proceedings.

(2)   

One consequence of this is that the standard of proof to be applied by the court

in such proceedings is the civil standard of proof.

(3)   

Two other consequences of this are that the court—

25

(a)   

is not restricted to considering evidence that would have been

admissible in the criminal proceedings in which the person concerned

was convicted; and

(b)   

may adjourn any proceedings in relation to a serious crime prevention

order even after sentencing the person concerned.

30

(4)   

The power to make rules of court under section 1 of, and Schedule 1 to, the

Civil Procedure Act 1997 (c. 12) is exercisable in relation to the Crown Court in

its jurisdiction in England and Wales under this Part.

(5)   

Rules made by virtue of subsection (4) may, in particular, make provision of

the same kind as that made by rules in relation to the High Court made under

35

section 1 of, and Schedule 1 to, the Civil Procedure Act 1997.

(6)   

A serious crime prevention order may be made as mentioned in section

19(7)(b) in spite of anything in sections 12 and 14 of the Powers of Criminal

Courts (Sentencing) Act 2000 (c. 6) or (as the case may be) Articles 4 and 6 of

the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24))

40

 
 

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

23

 

(which relate to orders discharging a person absolutely or conditionally and

their effect).

(7)   

A variation of a serious crime prevention order may be made as mentioned in

section 20(6)(b) or 21(6)(b) in spite of anything in sections 12 and 14 of the Act

of 2000 or (as the case may be) Articles 4 and 6 of the Order of 1996.

5

35      

Functions of applicant authorities

Schedule 2 (functions of applicant authorities under this Part) has effect.

36      

Powers of law enforcement officers to retain documents

(1)   

A law enforcement officer—

(a)   

may take and retain copies of, or extracts from, any document

10

produced to a law enforcement officer in pursuance of a serious crime

prevention order; and

(b)   

may retain any document so produced for as long as he considers that

it is necessary to retain it (rather than any copy of it) for the purposes

for which the document was obtained.

15

(2)   

A law enforcement officer may retain any document produced to a law

enforcement officer in pursuance of a serious crime prevention order until the

conclusion of any legal proceedings if he has reasonable grounds for believing

that the document—

(a)   

may have to be produced for the purposes of those proceedings; and

20

(b)   

might be unavailable unless retained.

Interpretation: Part 1

37      

Interpretation: Part 1

In this Part—

“act” and “conduct” include omissions and statements;

25

“country” includes territory;

“modifications” includes additions and omissions (and “modify” is to be

read accordingly);

“the public” includes a section of the public or a particular member of the

public.

30

38      

Index of defined expressions: Part 1

In this Part, the expressions listed in the left-hand column have the meaning

given by, or are to be interpreted in accordance with, the provisions listed in

the right-hand column.

 

Expression

Provision

 

35

 

act

section 37

 
 
 

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

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Expression

Provision

 
 

committed a serious offence

section 4(1)

 
 

conduct

section 37

 
 

conducts oneself in a way likely to facilitate the

section 4(3)

 
 

commission by oneself or another person of a

  

5

 

serious offence

  
 

country

section 37

 
 

Director of Public Prosecutions, Director of

Paragraphs 2(2), 7(2),

 
 

Revenue and Customs Prosecutions, Director of

13(2) and 17 of

 
 

the Serious Fraud Office and Director of Public

Schedule 2

 

10

 

Prosecutions for Northern Ireland

  
 

document

section 5(8)

 
 

facilitates the commission by another person of a

section 4(2)

 
 

serious offence

  
 

involvement in serious crime: England and

sections 2, 4 and 30(3)

 

15

 

Wales orders

  
 

involvement in serious crime: Northern Ireland

sections 3, 4 and 30(3)

 
 

orders

  
 

law enforcement officer

section 5(8)

 
 

modifications (and modify)

section 37

 

20

 

person who is the subject of a serious crime

section 1(6)

 
 

prevention order

  
 

premises

section 5(8)

 
 

production of documents

section 5(9)

 
 

the public

section 37

 

25

 

relevant applicant authority

section 10(4)

 
 

serious crime prevention order

section 1(5)

 
 

serious offence in England and Wales

section 2(2)

 
 

serious offence in Northern Ireland

section 3(2)

 
 
 

Serious Crime Bill [HL]
Part 2 — Encouraging or assisting crime

25

 

Part 2

Encouraging or assisting crime

Inchoate offences

39      

Intentionally encouraging or assisting an offence

(1)   

A person commits an offence if—

5

(a)   

he does an act capable of encouraging or assisting the commission of an

offence; and

(b)   

he intends to encourage or assist its commission.

(2)   

But he is not to be taken to have intended to encourage or assist the commission

of an offence merely because such encouragement or assistance was a

10

foreseeable consequence of his act.

40      

Encouraging or assisting an offence believing it will be committed

A person commits an offence if—

(a)   

he does an act capable of encouraging or assisting the commission of an

offence; and

15

(b)   

he believes—

(i)   

that the offence will be committed; and

(ii)   

that his act will encourage or assist its commission.

41      

Encouraging or assisting offences believing one or more will be committed

(1)   

A person commits an offence if—

20

(a)   

he does an act capable of encouraging or assisting the commission of

one or more of a number of offences; and

(b)   

he believes—

(i)   

that one or more of those offences will be committed (but has no

belief as to which); and

25

(ii)   

that his act will encourage or assist the commission of one or

more of them.

(2)   

It is immaterial for the purposes of subsection (1)(b)(ii) whether the person has

any belief as to which offence will be encouraged or assisted.

(3)   

If a person is charged with an offence under subsection (1)—

30

(a)   

the charge or indictment must specify the offences alleged to be the

“number of offences” mentioned in paragraph (a) of that subsection;

but

(b)   

nothing in paragraph (a) requires all the offences potentially comprised

in that number to be specified.

35

(4)   

In relation to an offence under this section, reference in this Part to the offences

specified in the charge or indictment is to the offences specified by virtue of

subsection (3)(a).

 
 

 
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