Serious Crime Act 2007 (c. 27)

(The document as of February, 2008)

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Serious Crime Act 2007

2007 CHAPTER 27

Content

Part 1

Serious Crime Prevention Orders
1. General
  1. 1. Serious crime prevention orders
  2. 2. Involvement in serious crime: England and Wales orders
  3. 3. Involvement in serious crime: Northern Ireland orders
  4. 4. Involvement in serious crime: supplementary
  5. 5. Type of provision that may be made by orders
2. General safeguards in relation to orders
  1. 6. Any individual must be 18 or over
  2. 7. Other exceptions
  3. 8. Limited class of applicants for making of orders
  4. 9. Right of third parties to make representations
  5. 10. Notice requirements in relation to orders
3. Information safeguards
  1. 11. Restrictions on oral answers
  2. 12. Restrictions for legal professional privilege
  3. 13. Restrictions on excluded material and banking information
  4. 14. Restrictions relating to other enactments
  5. 15. Restrictions on use of information obtained
4. Duration, variation and discharge of orders
  1. 16. Duration of orders
  2. 17. Variation of orders
  3. 18. Discharge of orders
5. Extension of jurisdiction to Crown Court
  1. 19. Orders by Crown Court on conviction
  2. 20. Powers of Crown Court to vary orders on conviction
  3. 21. Powers of Crown Court to vary orders on breach
  4. 22. Inter-relationship between different types of orders
6. Appeals
  1. 23. Additional right of appeal from High Court
  2. 24. Appeals from Crown Court
7. Enforcement
  1. 25. Offence of failing to comply with order
  2. 26. Powers of forfeiture in respect of offence
  3. 27. Powers to wind up companies etc: England and Wales and Scotland
  4. 28. Powers to wind up companies etc: Northern Ireland
  5. 29. Powers to wind up: supplementary
8. Particular types of persons
  1. 30. Bodies corporate including limited liability partnerships
  2. 41. Powers of law enforcement officers to retain documents
9. Interpretation: Part 1
  1. 42. Interpretation: Part 1
  2. 43. Index of defined expressions: Part 1
Part 2

Encouraging or assisting crime
1. Inchoate offences
  1. 44. Intentionally encouraging or assisting an offence
  2. 45. Encouraging or assisting an offence believing it will be committed
  3. 46. Encouraging or assisting offences believing one or more will be committed
  4. 47. Proving an offence under this Part
  5. 48. Proving an offence under section 46
  6. 49. Supplemental provisions
2. Reasonableness defence
  1. 50. Defence of acting reasonably
3. Limitation on liability
  1. 51. Protective offences: victims not liable
4. Jurisdiction and procedure
  1. 52. Jurisdiction
  2. 53. Prosecution of offences triable by reason of Schedule 4
  3. 54. Institution of proceedings etc. for an offence under this Part
  4. 55. Mode of trial
  5. 56. Persons who may be perpetrators or encouragers etc.
  6. 57. Alternative verdicts and guilty pleas
  7. 58. Penalties
5. Consequential alterations of the law
  1. 59. Abolition of common law replaced by this Part
  2. 60. Amendments relating to service law
  3. 61. Repeal of offence of enabling unauthorised access to computer material
  4. 62. No individual liability in respect of corporate manslaughter
  5. 63. Consequential amendments: Part 2
6. Interpretation: Part 2
  1. 64. Encouraging or assisting the commission of an offence
  2. 65. Being capable of encouraging or assisting
  3. 66. Indirectly encouraging or assisting
  4. 67. Course of conduct
Part 3

Other measures to prevent or disrupt serious and other crime
1. Chapter 1
  
  Prevention of fraud
  1. Sharing information with anti-fraud organisations
    1. 68. Disclosure of information to prevent fraud
    2. 69. Offence for certain further disclosures of information
    3. 70. Penalty and prosecution for offence under section 69
    4. 71. Code of practice for disclosure of information to prevent fraud
    5. 72. Data protection rules
  2. Data matching
    1. 73. Data matching
2. Chapter 2
  
  Proceeds of crime
  1. Assets Recovery Agency
    1. 74. Abolition of Assets Recovery Agency and redistribution of functions etc.
  2. Detained cash investigations: use of production orders and warrants
    1. 75. Use of production orders for detained cash investigations
    2. 76. Use of search warrants etc. for detained cash investigations
    3. 77. Further provision about detained cash investigations
  3. Extension of powers of accredited financial investigators
    1. 78. Powers to seize property to which restraint orders apply
    2. 79. Powers to recover cash
    3. 80. Powers in relation to certain investigations
    4. 81. Supplementary provision in relation to new powers
  4. Miscellaneous
    1. 82. Powers of management receivers and enforcement receivers
    2. 83. Civil recovery management receivers
    3. 84. Powers for prosecutors to appear in cash recovery proceedings
    4. 85. Disclosure of information by Revenue and Customs
    5. 86. Use of force in executing search warrants: Scotland
3. Chapter 3
  
  Other measures
  1. 87. Incidents involving serious violence: powers to stop and search
  2. 88. Extension of investigatory powers of Revenue and Customs
Part 4

General and final provisions
1. General
  1. 89. Orders
  2. 90. Supplementary, incidental and consequential provision
  3. 91. Transitional and transitory provisions and savings
  4. 92. Repeals and revocations
2. Final
  1. 93. Extent
  2. 94. Commencement
  3. 95. Short title
1. Schedule 1
  
  Serious offences
  1. Part 1
    
    Serious offences in England and Wales
  2. Part 2
    
    Serious offences in Northern Ireland
2. Schedule 2
  
  Functions of applicant authorities under Part 1
3. Schedule 3
  
  Listed Offences
  1. Part 1
    
    Offences common to England and Wales and Northern Ireland
  2. Part 2
    
    Offences under particular enactments: England and Wales
  3. Part 3
    
    Other offences: England and Wales
  4. Part 4
    
    Offences under particular enactments: Northern Ireland
  5. Part 5
    
    Other offences: Northern Ireland
4. Schedule 4
  
  Extra-territoriality
5. Schedule 5
  
  Amendments relating to service law
6. Schedule 6
  
  Minor and consequential amendments: Part 2
  1. Part 1
    
    References to common law offence of incitement
  2. Part 2
    
    Other minor and consequential amendments
7. Schedule 7
  
  Data matching
  1. Part 1
    
    Data matching: England
  2. Part 2
    
    Data matching: Wales
  3. Part 3
    
    Data matching: Northern Ireland
8. Schedule 8
  
  Abolition of Assets Recovery Agency and its Director
  1. Part 1
    
    Abolition of confiscation functions
  2. Part 2
    
    Transfer of civil recovery functions
  3. Part 3
    
    Transfer or abolition of Revenue functions
  4. Part 4
    
    Transfer of investigation functions
  5. Part 5
    
    Transfer of accreditation and training functions
  6. Part 6
    
    Other amendments to 2002 Act
  7. Part 7
    
    Amendments to other enactments
9. Schedule 9
  
  Transfers to SOCA or NPIA
10. Schedule 10
  
  Detained cash investigations: further provision
11. Schedule 11
  
  Powers to recover cash: financial investigators
12. Schedule 12
  
  Revenue and Customs: regulation of investigatory powers
13. Schedule 13
  
  Transitional and transitory provisions and savings
14. Schedule 14
  
  Repeals and revocations

An Act 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 or for purposes relating to proceeds of crime; 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, management receivers and enforcement receivers, cash recovery proceedings and search warrants; to extend stop and search powers in connection with incidents involving serious violence; to make amendments relating to Her Majesty's Revenue and Customs in connection with the regulation of investigatory powers; and for connected purposes.

[30th October 2007]

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--

(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.

(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 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 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--

(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 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;

(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).

(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

(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--

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

(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 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).

(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 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

(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 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.

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 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 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 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 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;

(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--

(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 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 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 description specified, in Part 2 of Schedule 1 if committed in or as regards Northern Ireland; or

(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 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--

(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 offence.

(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

(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 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.

(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.

(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 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 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).

(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;

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

(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.

(5) Examples of requirements that may be imposed on any persons by serious crime prevention orders include--

(a) a requirement on a person to answer questions, or provide information, specified or described in an order--

(i) at a time, within a period or at a frequency;

(ii) at a place;

(iii) in a form and manner; and

(iv) to a law enforcement officer or description of law enforcement officer;

notified to the person by a law enforcement officer specified or described in the order;

(b) a requirement on a person to produce documents specified or described in an order--

(i) at a time, within a period or at a frequency;

(ii) at a place;

(iii) in a manner; and

(iv) to a law enforcement officer or description of law enforcement officer;

notified to the person by a law enforcement officer specified or described in the order.

(6) The prohibitions, restrictions or requirements that may be imposed on individuals by serious crime prevention orders include prohibitions, 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) In this Part--

"document" means anything in which information of any description is 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 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.

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

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

(b) in the case of an order in Northern Ireland, the Director of Public Prosecutions for Northern Ireland.

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.

(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;

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

(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 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 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--

(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--

(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 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--

(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 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.

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

(1) A serious crime prevention order may not require a person--

(a) to answer any privileged question;

(b) to provide any privileged information; or

(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 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.

(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.

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

(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 obligation of confidence by virtue of carrying on a banking business unless condition A or B is met.

(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 specified documents which are of this kind.

14 Restrictions relating to other enactments