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Serious Crime Act 2007 (c. 27)(The document as of February, 2008) Page 2 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 (b) to provide any information; or (c) to produce any document; if the disclosure concerned is prohibited under any other enactment. (2) In this section--
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. (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; (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 question about it is asked, by the person or on his behalf. Duration, variation and discharge of orders16 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. (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-- (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 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 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, 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 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. (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-- (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-- (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; 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 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 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 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 (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 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. (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; 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 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. Extension of jurisdiction to Crown Court19 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 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 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 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. (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 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 (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-- (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. (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; 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 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; 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. (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 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 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 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 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. (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; 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. (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 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. (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 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. Appeals23 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 (c) to discharge or 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 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(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-- (a) the person who is the subject of the order; or (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; by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(4). (3) Subject to subsection (4), an appeal under subsection (1) or (2) lies only with the leave of the Court of Appeal. (4) An appeal under subsection (1) or (2) lies without the leave of the Court of Appeal if the judge who made the decision grants a certificate that the decision is fit for appeal under this section. (5) Subject to any rules of court made under section 53(1) of the Senior Courts Act 1981 (c. 54) (distribution of business between civil and criminal divisions), the criminal division of the Court of Appeal is the division which is to exercise jurisdiction in relation to an appeal under subsection (1) or (2) from a decision of the Crown Court in the exercise of its jurisdiction in England and Wales under this Part. (6) An appeal against a decision of the Court of Appeal on an appeal to that court under subsection (1) or (2) may be made to the Supreme Court by any person who was a party to the proceedings before the Court of Appeal. (7) An appeal under subsection (6) lies only with the leave of the Court of Appeal or the Supreme Court. (8) Such leave must not be granted unless-- (a) it is certified by the Court of Appeal that a point of law of general public importance is involved in the decision; and (b) it appears to the Court of Appeal or (as the case may be) the Supreme Court that the point is one which ought to be considered by the Supreme Court. (9) The Secretary of State may for the purposes of this section by order make provision corresponding (subject to any specified modifications) to that made by or under an enactment and relating to-- (a) appeals to the Court of Appeal under Part 1 of-- (i) the Criminal Appeal Act 1968 (c. 19); or (ii) the Criminal Appeal (Northern Ireland) Act 1980 (c. 47); (b) appeals from any decision of the Court of Appeal on appeals falling within paragraph (a); or (c) any matter connected with or arising out of appeals falling within paragraph (a) or (b). (10) An order under subsection (9) may, in particular, make provision about the payment of costs. (11) The power to make an appeal to the Court of Appeal under subsection (1)(a) operates instead of any power for the person who is the subject of the order to make an appeal against a decision of the Crown Court in relation to a serious crime prevention order by virtue of-- (a) section 9 or 10 of the Criminal Appeal Act 1968; or (b) section 8 of the Criminal Appeal (Northern Ireland) Act 1980. (12) Section 33(3) of the Criminal Appeal Act 1968 (limitation on appeal from criminal division of the Court of Appeal: England and Wales) does not prevent an appeal to the Supreme Court under subsection (6) above. Enforcement25 Offence of failing to comply with order(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; (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 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(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 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. (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 that made it. 27 Powers to wind up companies etc: England and Wales and Scotland(1) The Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office may present a petition to the court for the winding up of a company, partnership or relevant body if-- (a) the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and (b) the Director concerned considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up. (2) The Insolvency Act 1986 (c. 45) applies in relation to-- (a) a petition under this section for the winding up of a company; and (b) the company's winding up; as it applies in relation to a petition under section 124A of the Act of 1986 for the winding up of a company and the company's winding up (winding up on grounds of public interest) but subject to the modifications in subsections (3) and (4). (3) Section 124(4)(b) of the Act of 1986 (application for winding up) applies in relation to a petition under this section as if it permits the petition to be presented by the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office. (4) The court may make an order under section 125 of the Act of 1986 (powers of court on hearing of petition) to wind up the company only if-- (a) the company has been convicted of an offence under section 25 in relation to a serious crime prevention order; and (b) the court considers that it is just and equitable for the company to be wound up. (5) Section 420 of the Act of 1986 (power to make provision about insolvent partnerships) applies for the purposes of this section as if the reference to an insolvent partnership were a reference to a partnership to which this section applies. (6) The appropriate Minister may by order provide for the Act of 1986 to apply, with such modifications as that person considers appropriate, in relation to a petition under this section for the winding up of a relevant body and the relevant body's winding up. (7) An order made by virtue of subsection (5) or (6) must ensure that the court may make an order to wind up the partnership or relevant body only if-- (a) the partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and (b) the court considers that it is just and equitable for the partnership or relevant body to be wound up. (8) No petition may be presented to, or order to wind up made by, a court in Scotland by virtue of this section in respect of a company, partnership or relevant body whose estate may be sequestrated under the Bankruptcy (Scotland) Act 1985 (c. 66). (9) No petition may be presented, or order to wind up made, by virtue of this section if-- (a) an appeal against conviction for the offence concerned has been made and not finally determined; or (b) the period during which such an appeal may be made has not expired. (10) No petition may be presented, or order to wind up made, by virtue of this section if the company, partnership or relevant body is already being wound up by the court. (11) In deciding for the purposes of subsection (9) whether an appeal is finally determined or whether the period during which an appeal may be made has expired, any power to appeal out of time is to be ignored. (12) In this section--
and the references to sections 124 to 125 of the Insolvency Act 1986 (c. 45) include references to those sections as applied by section 221(1) of that Act (unregistered companies). 28 Powers to wind up companies etc: Northern Ireland(1) The Director of Public Prosecutions for Northern Ireland may present a petition to the court for the winding up of a company, partnership or relevant body if-- (a) the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and (b) the Director of Public Prosecutions for Northern Ireland considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up. (2) The Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) applies in relation to-- (a) a petition under this section for the winding up of a company; and (b) the company's winding up; as it applies in relation to a petition under Article 104A of the Order of 1989 for the winding up of a company and the company's winding up (winding up on grounds of public interest) but subject to the modifications in subsections (3) and (4). (3) Article 104(5)(b) of the Order of 1989 (application for winding up) applies in relation to a petition under this section as if it permits the petition to be presented by the Director of Public Prosecutions for Northern Ireland. (4) The court may make an order under Article 105 of the Order of 1989 (powers of court on hearing of petition) to wind up the company only if-- (a) the company has been convicted of an offence under section 25 in relation to a serious crime prevention order; and (b) the court considers that it is just and equitable for the company to be wound up. (5) Article 364 of the Order of 1989 (power to make provision about insolvent partnerships) applies for the purposes of this section as if the reference to an insolvent partnership were a reference to a partnership to which this section applies. (6) The appropriate Minister may by order provide for the Order of 1989 to apply, with such modifications as that person considers appropriate, in relation to a petition under this section for the winding up of a relevant body and the relevant body's winding up. (7) An order made by virtue of subsection (5) or (6) must ensure that the court may make an order to wind up the partnership or relevant body only if-- (a) the partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and (b) the court considers that it is just and equitable for the partnership or relevant body to be wound up. (8) No petition may be presented, or order to wind up made, by virtue of this section if-- (a) an appeal against conviction for the offence concerned has been made and not finally determined; or (b) the period during which such an appeal may be made has not expired. (9) No petition may be presented, or order to wind up made, by virtue of this section if the company, partnership or relevant body is already being wound up by the court. (10) In deciding for the purposes of subsection (8) whether an appeal is finally determined or whether the period during which an appeal may be made has expired, any power to appeal out of time is to be ignored. (11) In this section-- Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 -- Back --
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