Serious Crime Act 2007 (c. 27)

(The document as of February, 2008)

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(8) Nothing in this section authorises any disclosure of information which--

(a) contravenes the Data Protection Act 1998 (c. 29); or

(b) is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).

(9) In this section--

"the 2005 Act" means the Commissioners for Revenue and Customs Act 2005 (c. 11);
"assets" means property of any description, wherever situated;
"civil proceedings" means civil proceedings of whatever nature and whether brought in the United Kingdom or elsewhere;
"Commissioners of Revenue and Customs" means the Commissioners for Her Majesty's Revenue and Customs;
"enforcement purposes", in relation to the proceeds of crime, means with a view to--
(a)
recovering, forfeiting or freezing assets constituting proceeds of crime; or
(b)
otherwise depriving persons (to any extent) of, or of access to, such assets or the benefit of such assets;
"functions" includes powers, duties and objectives, and references to the exercise of functions include the pursuit of objectives;
"proceeds of crime" means assets derived, or suspected to be derived, directly or indirectly from criminal conduct (wherever occurring);
"public authority" means any body or person discharging functions of a public nature;
"revenue and customs information relating to a person" has the meaning given by section 19(2) of the 2005 Act;
"specified" means specified in an order made by the Treasury; and
"the specifying order", in relation to a specified public authority, means the order specifying the authority for the purposes of this section.

86 Use of force in executing search warrants: Scotland

In section 387 of the Proceeds of Crime Act 2002 (c. 29) (issue of search warrants in Scotland in connection with certain investigations), after subsection (4), insert--

" (4A) A proper person may, if necessary, use reasonable force in executing a search warrant. "

Chapter 3 Other measures

87 Incidents involving serious violence: powers to stop and search

(1) In section 60(1) of the Criminal Justice and Public Order Act 1994 (c. 33) (powers to authorise stop and search if reasonable belief that there may be incidents involving serious violence etc.), before the word "or" at the end of paragraph (a), insert--

" (aa) that--

(i) an incident involving serious violence has taken place in England and Wales in his police area;

(ii) a dangerous instrument or offensive weapon used in the incident is being carried in any locality in his police area by a person; and

(iii) it is expedient to give an authorisation under this section to find the instrument or weapon; " .

(2) In section 60(9) of that Act (authorisation must be in writing), at the beginning, insert "Subject to subsection (9ZA),".

(3) After section 60(9) of that Act insert--

" (9ZA) An authorisation under subsection (1)(aa) need not be given in writing where it is not practicable to do so but any oral authorisation must state the matters which would otherwise have to be specified under subsection (9) and must be recorded in writing as soon as it is practicable to do so. "

(4) In section 60(9A) of that Act (application to British Transport Police)--

(a) after "place" insert "in England and Wales"; and

(b) after "2003" insert "and as if the reference in subsection (1)(aa)(i) above to his police area were a reference to any place falling within section 31(1)(a) to (f) of the Act of 2003".

(5) In section 60(11) of that Act (definitions), in the definition of "offensive weapon", after "1995" insert "; but in subsections (1)(aa), (4), (5) and (6) above and subsection (11A) below includes, in the case of an incident of the kind mentioned in subsection (1)(aa)(i) above, any article used in the incident to cause or threaten injury to any person or otherwise to intimidate".

(6) In the heading to section 60 of that Act after "of" insert ", or after,".

88 Extension of investigatory powers of Revenue and Customs

Schedule 12 (which makes provision about the regulation of investigatory powers of Her Majesty's Revenue and Customs) has effect.

Part 4 General and final provisions

General

89 Orders

(1) Any power of the Secretary of State, the Treasury or the Scottish Ministers to make an order under this Act is exercisable by statutory instrument.

(2) Any power of the Secretary of State or the Treasury to make an order under this Act--

(a) may be exercised so as to make different provision for different cases or descriptions of case or different purposes;

(b) includes power to make such supplementary, incidental, consequential, transitional, transitory or saving provision as the Secretary of State or (as the case may be) the Treasury considers appropriate.

(3) No order is to be made under section 4(4), 49(6), 63(3), 69 or 90, or paragraph 102 of Schedule 8, unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(4) Subsection (3) does not apply to an order under section 90 which does not amend or repeal any provision of an Act.

(5) An order under section 90 which does not amend or repeal any provision of an Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) An order under section 7, 24(9), 27(6) or (12), 28(6) or (11), 29, 33, 40, 68 or 85 is subject to annulment in pursuance of a resolution of either House of Parliament.

90 Supplementary, incidental and consequential provision

(1) The Secretary of State may by order make such supplementary, incidental or consequential provision as he considers appropriate for the general purposes, or any particular purpose, of this Act or in consequence of any provision made by or under this Act or for giving full effect to this Act or any such provision.

(2) The power conferred by this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (including this Act and any Act passed in the same Session as this Act).

(3) The power conferred by this section does not include the power to make provision which would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.

91 Transitional and transitory provisions and savings

(1) Schedule 13 (transitional and transitory provisions and savings) has effect.

(2) The Secretary of State may by order make such transitional, transitory or saving provision as he considers appropriate in connection with the coming into force of any provision of this Act (other than the provisions specified in section 94(4)).

(3) The Scottish Ministers may by order make such transitional, transitory or saving provision as they consider appropriate in connection with the coming into force of the provisions of this Act specified in section 94(4).

92 Repeals and revocations

Schedule 14 (which contains repeals and revocations) has effect.

Final

93 Extent

(1) The following provisions extend to England and Wales only--

(a) section 78(1) and (2);

(b) section 82(1) and (2);

(d) Parts 1 and 2 of Schedule 7 and section 73 so far as relating to those Parts.

(2) The following provisions extend to England and Wales and Northern Ireland only--

(a) Part 1 (including Schedules 1 and 2) but excluding sections 25 to 29 (and any provision of that Part so far as relating to those sections) and paragraphs 10, 11 and 19 of Schedule 2;

(b) Part 2 (including Schedules 3 and 4 and Part 1 of Schedule 6) but excluding sections 60 and 61, Schedule 5 and Part 2 of Schedule 6;

(d) section 76(1) to (3);

(e) section 80;

(f) section 81(2); and

(g) section 83(1) and (2).

(3) The following provisions extend to Scotland only--

(a) section 68(5) and (6);

(b) section 69(3);

(d) section 75(4) and (5);

(e) section 76(4) to (6); and

(f) section 86.

(4) The following provisions extend to Northern Ireland only--

(a) section 78(3) and (4);

(b) section 82(3) and (4); and

(5) Any provision of section 61 or Part 2 of Schedule 6 (and any corresponding entry in Schedule 14) has the same extent as the enactment amended, repealed or revoked by it except that--

(a) it does not extend to Scotland; and

(b) paragraph 53 of Schedule 6 does not extend to Northern Ireland.

(6) Any amendment, repeal or revocation by Schedule 5, 8, 10 or 14 of an enactment has (subject to subsection (5)) the same extent as the enactment amended, repealed or revoked.

(7) Subject as above, this Act extends to England and Wales, Scotland and Northern Ireland.

94 Commencement

(1) The preceding provisions of this Act (other than sections 89, 90, 91(2) and (3) and 93 and the provisions specified in subsection (4) but, subject to this, including the Schedules) come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.

(2) The Secretary of State must consult the Scottish Ministers before making an order under subsection (1) in relation to--

(a) section 75(1);

(b) paragraph 2 of Schedule 10; or

(3) The provisions of this Act specified in subsection (4) come into force on such day as the Scottish Ministers may by order appoint; and different days may be appointed for different purposes.

(4) Those provisions are--

(a) section 75(4) and (5);

(b) section 76(4) to (6);

(d) paragraphs 14 to 23 and, so far as extending to Scotland, paragraph 25 of Schedule 10; and

(e) so far as relating to the provisions falling within paragraph (d) above, paragraph 1 of that Schedule and section 77.

95 Short title

This Act may be cited as the Serious Crime Act 2007.

SCHEDULES

Sections 2 and 3

SCHEDULE 1 Serious offences

Part 1 Serious offences in England and Wales

Drug trafficking

1 (1) An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)--

(a) section 4(2) or (3) (unlawful production or supply of controlled drugs);

(b) section 5(3) (possession of controlled drug with intent to supply);

(d) section 20 (assisting in or inducing the commission outside the United Kingdom of an offence punishable under a corresponding law).

(2) An offence under any of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971--

(a) section 50(2) or (3) (improper importation of goods);

(b) section 68(2) (exportation of prohibited or restricted goods);

(3) An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)--

(a) section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act);

(b) section 19 (using a ship for illicit traffic in controlled drugs).

People trafficking

2 (1) An offence under section 25, 25A or 25B of the Immigration Act 1971 (c. 77) (assisting unlawful immigration etc.).

(2) An offence under any of sections 57 to 59 of the Sexual Offences Act 2003 (c. 42) (trafficking for sexual exploitation).

(3) An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (trafficking people for exploitation).

Arms trafficking

3 (1) An offence under either of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a firearm or ammunition--

(a) section 68(2) (exportation of prohibited or restricted goods);

(b) section 170 (fraudulent evasion of duty etc.).

(2) An offence under section 3(1) of the Firearms Act 1968 (c. 27) (dealing etc. in firearms or ammunition by way of trade or business without being registered).

(3) In this paragraph "firearm" and "ammunition" have the same meanings as in section 57 of the Firearms Act 1968.

Prostitution and child sex

4 (1) An offence under section 33A of the Sexual Offences Act 1956 (c. 69) (keeping a brothel used for prostitution).

(2) An offence under any of the following provisions of the Sexual Offences Act 2003 (c. 42)--

(a) section 14 (arranging or facilitating commission of a child sex offence);

(b) section 48 (causing or inciting child prostitution or pornography);

(d) section 50 (arranging or facilitating child prostitution or pornography);

(e) section 52 (causing or inciting prostitution for gain);

(f) section 53 (controlling prostitution for gain).

Armed robbery etc.

5 (1) An offence under section 8(1) of the Theft Act 1968 (c. 60) (robbery) where the use or threat of force involves a firearm, an imitation firearm or an offensive weapon.

(2) An offence at common law of an assault with intent to rob where the assault involves a firearm, imitation firearm or an offensive weapon.

(3) In this paragraph--

"firearm" has the meaning given by section 57(1) of the Firearms Act 1968;
"imitation firearm" has the meaning given by section 57(4) of that Act;
"offensive weapon" means any weapon to which section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) applies.

Money laundering

6 An offence under any of the following provisions of the Proceeds of Crime Act 2002 (c. 29)--

(a) section 327 (concealing etc. criminal property);

(b) section 328 (facilitating the acquisition etc. of criminal property by or on behalf of another);

Fraud

7 (1) An offence under section 17 of the Theft Act 1968 (c. 60) (false accounting).

(2) An offence under any of the following provisions of the Fraud Act 2006 (c. 35)--

(a) section 1 (fraud by false representation, failing to disclose information or abuse of position);

(b) section 6 (possession etc. of articles for use in frauds);

(d) section 9 (participating in fraudulent business carried on by sole trader etc.);

(e) section 11 (obtaining services dishonestly).

(3) An offence at common law of conspiracy to defraud.

Offences in relation to public revenue

8 (1) An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty etc.) so far as not falling within paragraph 1(2)(c) or 3(1)(b) above.

(2) An offence under section 72 of the Value Added Tax Act 1994 (c. 23) (fraudulent evasion of VAT etc.).

(3) An offence under section 144 of the Finance Act 2000 (c. 17) (fraudulent evasion of income tax).

(4) An offence under section 35 of the Tax Credits Act 2002 (c. 21) (tax credit fraud).

(5) An offence at common law of cheating in relation to the public revenue.

Corruption and bribery

9 (1) An offence under section 1 of the Public Bodies Corrupt Practices Act 1889 (c. 69) (corruption in public office).

(2) An offence which is the first or second offence under section 1(1) of the Prevention of Corruption Act 1906 (c. 34) (corrupt transactions with agents other than those of giving or using false etc. documents which intended to mislead principal).

(3) An offence at common law of bribery.

Counterfeiting

10 An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981 (c. 45)--

(a) section 14 (making counterfeit notes or coins);

(b) section 15 (passing etc. counterfeit notes or coins);

(d) section 17 (making or having custody or control of counterfeiting materials or implements).

Blackmail

11 (1) An offence under section 21 of the Theft Act 1968 (c. 60) (blackmail).

(2) An offence under section 12(1) or (2) of the Gangmasters (Licensing) Act 2004 (c. 11) (acting as a gangmaster other than under the authority of a licence, possession of false documents, etc.).

Intellectual property

12 (1) An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)--

(a) section 107(1)(a), (b), (d)(iv) or (e) (making, importing or distributing an article which infringes copyright);

(b) section 198(1)(a), (b) or (d)(iii) (making, importing or distributing an illicit recording);

(2) An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (c. 26) (unauthorised use of trade mark etc.).

Environment

13 (1) An offence under section 1 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (fishing for salmon, trout or freshwater fish with prohibited implements etc.).

(2) An offence under section 14 of the Wildlife and Countryside Act 1981 (c. 69) (introduction of new species etc.).

(3) An offence under section 33 of the Environmental Protection Act 1990 (c. 43) (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste).

(4) An offence under regulation 8 of the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (S.I. 1997/1372) (purchase and sale etc. of endangered species and provision of false statements and certificates).

Inchoate offences

14 (1) An offence of attempting or conspiring the commission of an offence specified or described in this Part of this Schedule.

(2) An offence under Part 2 of this Act (encouraging or assisting) where the offence (or one of the offences) which the person in question intends or believes would be committed is an offence specified or described in this Part of this Schedule.

(3) An offence of aiding, abetting, counselling or procuring the commission of an offence specified or described in this Part of this Schedule.

(4) The references in sub-paragraphs (1) to (3) to offences specified or described in this Part of this Schedule do not include the offence at common law of conspiracy to defraud.

Earlier offences

15 (1) This Part of this Schedule (apart from paragraph 14(2)) has effect, in its application to conduct before the passing of this Act, as if the offences specified or described in this Part included any corresponding offences under the law in force at the time of the conduct.

(2) Paragraph 14(2) has effect, in its application to conduct before the passing of this Act or before the coming into force of section 59 of this Act, as if the offence specified or described in that provision were an offence of inciting the commission of an offence specified or described in this Part of this Schedule.

Scope of offences

16 Where this Part of this Schedule refers to offences which are offences under the law of England and Wales and another country, the reference is to be read as limited to the offences so far as they are offences under the law of England and Wales.

Part 2 Serious offences in Northern Ireland

Drug trafficking

17 (1) An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)--

(a) section 4(2) or (3) (unlawful production or supply of controlled drugs);

(b) section 5(3) (possession of controlled drug with intent to supply);

(d) section 20 (assisting in or inducing the commission outside the United Kingdom of an offence punishable under a corresponding law).

(a) section 50(2) or (3) (improper importation of goods);

(b) section 68(2) (exportation of prohibited or restricted goods);

(3) An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)--

(a) section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act);

(b) section 19 (using a ship for illicit traffic in controlled drugs).

People trafficking

18 (1) An offence under section 25, 25A or 25B of the Immigration Act 1971 (c. 77) (assisting unlawful immigration etc.).

(2) An offence under any of sections 57 to 59 of the Sexual Offences Act 2003 (c. 42) (trafficking for sexual exploitation).

(3) An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (trafficking people for exploitation).

Arms trafficking

19 (1) An offence under either of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a firearm or ammunition--

(a) section 68(2) (exportation of prohibited or restricted goods);

(b) section 170 (fraudulent evasion of duty etc.).

(2) An offence under Article 24 of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I.3)) (dealing etc. in firearms or ammunition by way of trade or business without being registered).

(3) In this paragraph "firearm" and "ammunition" have the same meanings as in Article 2(2) of the Firearms (Northern Ireland) Order 2004.

Prostitution and child sex

20 (1) An offence under section 13(1) of the Criminal Law Amendment Act 1885 (c. 69) (keeping a brothel used for prostitution).

(2) An offence under any of the following provisions of the Sexual Offences Act 2003--

(a) section 48 (causing or inciting child prostitution or pornography);

(b) section 49 (controlling a child prostitute or a child involved in pornography);

(d) section 52 (causing or inciting prostitution for gain);

(e) section 53 (controlling prostitution for gain).

Armed robbery etc.

21 (1) An offence under section 8(1) of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) (robbery) where the use or threat of force involves a firearm, an imitation firearm or an offensive weapon.

(2) An offence at common law of an assault with intent to rob where the assault involves a firearm, imitation firearm or an offensive weapon.

(3) In this paragraph--

"firearm" and "imitation firearm" have the meaning given by Article 2(2) of the Firearms (Northern Ireland) Order 2004;
"offensive weapon" means any weapon to which section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) applies.

Money laundering

22 An offence under any of the following provisions of the Proceeds of Crime Act 2002 (c. 29)--

(a) section 327 (concealing etc. criminal property);

(b) section 328 (facilitating the acquisition etc. of criminal property by or on behalf of another);

Fraud

23 (1) An offence under section 17 of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) (false accounting).

(2) An offence under any of the following provisions of the Fraud Act 2006 (c. 35)--

(a) section 1 (fraud by false representation, failing to disclose information or abuse of position);

(b) section 6 (possession etc. of articles for use in frauds);

(d) section 9 (participating in fraudulent business carried on by sole trader etc.);

(e) section 11 (obtaining services dishonestly).

(3) An offence at common law of conspiracy to defraud.

Offences in relation to public revenue

24 (1) An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty etc.) so far as not falling within paragraph 17(2)(c) or 19(1)(b) above.

(2) An offence under section 72 of the Value Added Tax Act 1994 (c. 23) (fraudulent evasion of VAT etc.).

(3) An offence under section 144 of the Finance Act 2000 (c. 17) (fraudulent evasion of income tax).

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