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Serious Crime Bill [HL]


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

7

 

9       

Right of third parties to make representations

(1)   

The High Court must, on an application by a person, give the person an

opportunity to make representations in proceedings before it about the making

of a serious crime prevention order if it considers that the making of the order

would be likely to have a significant adverse effect on that person.

5

(2)   

The High Court must, on an application by a person, give the person an

opportunity to make representations in proceedings before it about the

variation of a serious crime prevention order if it considers that—

(a)   

the variation of the order; or

(b)   

a decision not to vary it;

10

   

would be likely to have a significant adverse effect on that person.

(3)   

The High Court must, on an application by a person, give the person an

opportunity to make representations in proceedings before it about the

discharge of a serious crime prevention order if it considers that—

(a)   

the discharge of the order; or

15

(b)   

a decision not to discharge it;

   

would be likely to have a significant adverse effect on that person.

(4)   

The Crown Court must, on an application by a person, give the person an

opportunity to make representations in proceedings before it arising by virtue

of section 19, 20 or 21 if it considers that the making or variation of the serious

20

crime prevention order concerned (or a decision not to vary it) would be likely

to have a significant adverse effect on that person.

(5)   

A court which is considering an appeal in relation to a serious crime prevention

order must, on an application by a person, give the person an opportunity to

make representations in the proceedings if that person was given an

25

opportunity to make representations in the proceedings which are the subject

of the appeal.

10      

Notice requirements in relation to orders

(1)   

The subject of a serious crime prevention order is bound by it or a variation of

it only if—

30

(a)   

he is represented (whether in person or otherwise) at the proceedings

at which the order or (as the case may be) variation is made; or

(b)   

a notice setting out the terms of the order or (as the case may be)

variation has been served on him.

(2)   

The notice may be served on him by—

35

(a)   

delivering it to him in person; or

(b)   

sending it by recorded delivery to him at his last-known address

(whether residential or otherwise).

(3)   

For the purposes of delivering such a notice to him in person, a constable or a

person authorised for the purpose by the relevant applicant authority may (if

40

necessary by force)—

(a)   

enter any premises where he has reasonable grounds for believing the

person to be; and

(b)   

search those premises for him.

(4)   

In this Part “the relevant applicant authority” means—

45

 
 

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

8

 

(a)   

in relation to a serious crime prevention order in England and Wales—

(i)   

where the order was applied for by the Director of Public

Prosecutions, the Director of Public Prosecutions;

(ii)   

where the order was applied for by the Director of Revenue and

Customs Prosecutions, the Director of Revenue and Customs

5

Prosecutions; and

(iii)   

where the order was applied for by the Director of the Serious

Fraud Office, the Director of the Serious Fraud Office; and

(b)   

in relation to a serious crime prevention order in Northern Ireland, the

Director of Public Prosecutions for Northern Ireland.

10

Information safeguards

11      

Restrictions on oral answers

A serious crime prevention order may not require a person to answer

questions, or provide information, orally.

12      

Restrictions for legal professional privilege

15

(1)   

A serious crime prevention order may not require a person—

(a)   

to answer any privileged question;

(b)   

to provide any privileged information; or

(c)   

to produce any privileged document.

(2)   

A “privileged question” is a question which the person would be entitled to

20

refuse to answer on grounds of legal professional privilege in proceedings in

the High Court.

(3)   

“Privileged information” is information which the person would be entitled to

refuse to provide on grounds of legal professional privilege in such

proceedings.

25

(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

proceedings.

(5)   

But subsection (1) does not prevent an order from requiring a lawyer to

provide the name and address of a client of his.

30

13      

Restrictions on excluded material and banking information

(1)   

A serious crime prevention order may not require a person to produce—

(a)   

in the case of an order in England and Wales, any excluded material as

defined by section 11 of the Police and Criminal Evidence Act 1984

(c. 60); and

35

(b)   

in the case of an order in Northern Ireland, any excluded material as

defined by Article 13 of the Police and Criminal Evidence (Northern

Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)).

(2)   

A serious crime prevention order may not require a person to disclose any

information or produce any document in respect of which he owes an

40

obligation of confidence by virtue of carrying on a banking business unless

condition A or B is met.

 
 

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

9

 

(3)   

Condition A is that the person to whom the obligation of confidence is owed

consents to the disclosure or production.

(4)   

Condition B is that the order contains a requirement—

(a)   

to disclose information, or produce documents, of this kind; or

(b)   

to disclose specified information which is of this kind or to produce

5

specified documents which are of this kind.

14      

Restrictions relating to other enactments

(1)   

A serious crime prevention order may not require a person—

(a)   

to answer any question;

(b)   

to provide any information; or

10

(c)   

to produce any document;

   

if the disclosure concerned is prohibited under any other enactment.

(2)   

In this section—

“enactment” includes an Act of the Scottish Parliament, Northern Ireland

legislation and an enactment comprised in subordinate legislation, and

15

includes an enactment whenever passed or made; and

“subordinate legislation” has the same meaning as in the Interpretation

Act 1978 (c. 30) and also includes an instrument made under—

(a)   

an Act of the Scottish Parliament; or

(b)   

Northern Ireland legislation.

20

15      

Restrictions on use of information obtained

(1)   

A statement made by a person in response to a requirement imposed by a

serious crime prevention order may not be used in evidence against him in any

criminal proceedings unless condition A or B is met.

(2)   

Condition A is that the criminal proceedings relate to an offence under section

25

25.

(3)   

Condition B is that—

(a)   

the criminal proceedings relate to another offence;

(b)   

the person who made the statement gives evidence in the criminal

proceedings;

30

(c)   

in the course of that evidence, the person makes a statement which is

inconsistent with the statement made in response to the requirement

imposed by the order; and

(d)   

in the criminal proceedings evidence relating to the statement made in

response to the requirement imposed by the order is adduced, or a

35

question about it is asked, by the person or on his behalf.

Duration, variation and discharge of orders

16      

Duration of orders

(1)   

A serious crime prevention order must specify when it is to come into force and

when it is to cease to be in force.

40

 
 

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

10

 

(2)   

An order is not to be in force for more than 5 years beginning with the coming

into force of the order.

(3)   

An order can specify different times for the coming into force, or ceasing to be

in force, of different provisions of the order.

(4)   

Where it specifies different times in accordance with subsection (3), the order—

5

(a)   

must specify when each provision is to come into force and cease to be

in force; and

(b)   

is not to be in force for more than 5 years beginning with the coming

into force of the first provision of the order to come into force.

(5)   

The fact that an order, or any provision of an order, ceases to be in force does

10

not prevent the court from making a new order to the same or similar effect.

(6)   

A new order may be made in anticipation of an earlier order or provision

ceasing to be in force.

17      

Variation of orders

(1)   

The High Court in England and Wales may, on an application under this

15

section, vary a serious crime prevention order in England and Wales 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 who is the subject of the order, in serious crime in England and Wales.

(2)   

The High Court in Northern Ireland may, on an application under this section,

20

vary a serious crime prevention order in Northern Ireland 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 who

is the subject of the order, in serious crime in Northern Ireland.

(3)   

An application for the variation of an order under this section may be made

25

by—

(a)   

the relevant applicant authority; or

(b)   

subject as follows—

(i)   

the person who is the subject of the order; or

(ii)   

any other person.

30

(4)   

The court must not entertain an application by the person who is the subject of

the order unless it considers that there has been a change of circumstances

affecting the order.

(5)   

The court must not entertain an application by any person falling within

subsection (3)(b)(ii) unless it considers that—

35

(a)   

the person is significantly adversely affected by the order;

(b)   

condition A or B is met; and

(c)   

the application is not for the purpose of making the order more onerous

on the person who is the subject of it.

(6)   

Condition A is that—

40

(a)   

the person falling within subsection (3)(b)(ii)—

(i)   

has, on an application under section 9, been given an

opportunity to make representations; or

(ii)   

has made an application otherwise than under that section;

 
 

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

11

 

   

in earlier proceedings in relation to the order (whether before the High

Court or the Crown Court); and

(b)   

there has been a change of circumstances affecting the order.

(7)   

Condition B is that—

(a)   

the person falling within subsection (3)(b)(ii) has not made an

5

application of any kind in earlier proceedings in relation to the order

(whether before the High Court or the Crown Court); and

(b)   

it was reasonable in all the circumstances for the person not to have

done so.

(8)   

A variation on an application under subsection (3)(a) may include an extension

10

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)).

18      

Discharge of orders

(1)   

On an application under this section—

(a)   

the High Court in England and Wales may discharge a serious crime

15

prevention order in England and Wales; and

(b)   

the High Court in Northern Ireland may discharge a serious crime

prevention order in Northern Ireland.

(2)   

An application for the discharge of an order may be made by—

(a)   

the relevant applicant authority; or

20

(b)   

subject as follows—

(i)   

the person who is the subject of the order; or

(ii)   

any other person.

(3)   

The court must not entertain an application by the person who is the subject of

the order unless it considers that there has been a change of circumstances

25

affecting the order.

(4)   

The court must not entertain an application by any person falling within

subsection (2)(b)(ii) unless it considers that—

(a)   

the person is significantly adversely affected by the order; and

(b)   

condition A or B is met.

30

(5)   

Condition A is that—

(a)   

the person—

(i)   

has, on an application under section 9, been given an

opportunity to make representations; or

(ii)   

has made an application otherwise than under that section;

35

   

in earlier proceedings in relation to the order (whether before the High

Court or the Crown Court); and

(b)   

there has been a change of circumstances affecting the order.

(6)   

Condition B is that—

(a)   

the person has not made an application of any kind in earlier

40

proceedings in relation to the order (whether before the High Court or

the Crown Court); and

(b)   

it was reasonable in all the circumstances for the person not to have

done so.

 
 

 
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