Serious Crime Act 2007 - legislation

1 Serious Crime Act 2007 CHAPTER 27 Explanatory Notes have been produced to assist in theunderstanding of this Act and are available separately 22 00 Serious Crime Act 2007 CHAPTER 27 CONTENTSPART 1 Serious Crime PREVENTION ORDERSG eneral1 Serious Crime prevention orders2 Involvement in Serious Crime : England and Wales orders3 Involvement in Serious Crime : Northern Ireland orders4 Involvement in Serious Crime : supplementary5 Type of provision that may be made by ordersGeneral safeguards in relation to orders6 Any individual must be 18 or over7 Other exceptions8 Limited class of applicants for making of orders9 Right of third parties to make representations10 Notice requirements in relation to ordersInformation safeguards11 Restrictions on oral answers12 Restrictions for legal professional privilege13 Restrictions on excluded material and banking information14 Restrictions relating to other enactments15 Restrictions on use of information obtainedDuration.

2 Variation and discharge of orders16 Duration of orders17 Variation of orders18 Discharge of ordersSerious Crime Act 2007 (c. 27)iiExtension of jurisdiction to Crown Court19 Orders by Crown Court on conviction20 Powers of Crown Court to vary orders on conviction21 Powers of Crown Court to vary orders on breach22 Inter-relationship between different types of ordersAppeals23 Additional right of appeal from High Court24 Appeals from Crown CourtEnforcement25 Offence of failing to comply with order26 Powers of forfeiture in respect of offence27 Powers to wind up companies etc: England and Wales and Scotland28 Powers to wind up companies etc: Northern Ireland29 Powers to wind up.

3 SupplementaryParticular types of persons30 Bodies corporate including limited liability partnerships31 Other partnerships32 Unincorporated associations33 Overseas bodies34 Providers of information society servicesSupplementary35 Proceedings in the High Court36 Proceedings in the Crown Court37 Functions of applicant authorities38 Disclosure of information in accordance with orders39 Compliance with orders: authorised monitors40 Costs in relation to authorised monitors41 Powers of law enforcement officers to retain documentsInterpretation: Part 142 Interpretation: Part 143 Index of defined expressions: Part 1 PART 2 ENCOURAGING OR ASSISTING CRIMEI nchoate offences44 Intentionally encouraging or assisting an offence45 Encouraging or assisting an offence believing it will be committed46 Encouraging or assisting offences believing one or more will be committed47 Proving an offence under this Part48 Proving an offence under section 4649 Supplemental provisionsSerious Crime Act 2007 (c.)

4 27)iiiReasonableness defence50 Defence of acting reasonablyLimitation on liability51 Protective offences: victims not liableJurisdiction and procedure52 Jurisdiction53 Prosecution of offences triable by reason of Schedule 454 Institution of proceedings etc. for an offence under this Part55 Mode of trial56 Persons who may be perpetrators or encouragers verdicts and guilty pleas58 PenaltiesConsequential alterations of the law59 Abolition of common law replaced by this Part60 Amendments relating to service law61 Repeal of offence of enabling unauthorised access to computer material62No individual liability in respect of corporate manslaughter63 Consequential amendments: Part 2 Interpretation.

5 Part 264 Encouraging or assisting the commission of an offence65 Being capable of encouraging or assisting66 Indirectly encouraging or assisting67 Course of conductPART 3 OTHER MEASURES TO PREVENT OR DISRUPT Serious AND OTHER CRIMECHAPTER 1 PREVENTION OF FRAUDS haring information with anti-fraud organisations68 Disclosure of information to prevent fraud69 Offence for certain further disclosures of information70 Penalty and prosecution for offence under section 6971 Code of practice for disclosure of information to prevent fraud72 Data protection rulesData matching73 Data matchingSerious Crime Act 2007 (c. 27)ivCHAPTER 2 PROCEEDS OF CRIMEA ssets Recovery Agency74 Abolition of Assets Recovery Agency and redistribution of functions cash investigations: use of production orders and warrants75 Use of production orders for detained cash investigations76 Use of search warrants etc.

6 For detained cash investigations77 Further provision about detained cash investigationsExtension of powers of accredited financial investigators78 Powers to seize property to which restraint orders apply79 Powers to recover cash80 Powers in relation to certain investigations81 Supplementary provision in relation to new powersMiscellaneous82 Powers of management receivers and enforcement receivers83 Civil recovery management receivers84 Powers for prosecutors to appear in cash recovery proceedings85 Disclosure of information by Revenue and Customs86 Use of force in executing search warrants: ScotlandCHAPTER 3 OTHER MEASURES87 Incidents involving Serious violence: powers to stop and search88 Extension of investigatory powers of Revenue and CustomsPART 4 GENERAL AND FINAL PROVISIONSG eneral89 Orders90 Supplementary, incidental and consequential provision91 Transitional and transitory provisions and savings92 Repeals and revocationsFinal93 Extent94 Commencement95 Short titleSerious Crime Act 2007 (c.)

7 27)vSchedule 1 Serious offencesPart 1 Serious offences in England and WalesPart 2 Serious offences in Northern IrelandSchedule 2 Functions of applicant authorities under Part 1 Schedule 3 Listed OffencesPart 1 Offences common to England and Wales and Northern IrelandPart 2 Offences under particular enactments: England and WalesPart 3 Other offences: England and WalesPart 4 Offences under particular enactments: Northern IrelandPart 5 Other offences: Northern IrelandSchedule 4 Extra-territorialitySchedule 5 Amendments relating to service lawSchedule 6 Minor and consequential amendments: Part 2 Part 1 References to common law offence of incitementPart 2 Other minor and consequential amendmentsSchedule 7 Data matchingPart 1 Data matching: EnglandPart 2 Data matching: WalesPart 3 Data matching.

8 Northern IrelandSchedule 8 Abolition of Assets Recovery Agency and its DirectorPart 1 Abolition of confiscation functionsPart 2 Transfer of civil recovery functionsPart 3 Transfer or abolition of Revenue functionsPart 4 Transfer of investigation functionsPart 5 Transfer of accreditation and training functionsPart 6 Other amendments to 2002 ActPart 7 Amendments to other enactmentsSchedule 9 Transfers to SOCA or NPIAS chedule 10 Detained cash investigations: further provisionSchedule 11 Powers to recover cash: financial investigatorsSchedule 12 Revenue and Customs: regulation of investigatory powersSchedule 13 Transitional and transitory provisions and savingsSchedule 14 Repeals and revocationsELIZABETH IIc.

9 27 Serious Crime Act 20072007 CHAPTER 27An Act to make provision about Serious Crime prevention orders; to createoffences in respect of the encouragement or assistance of Crime ; to enableinformation to be shared or processed to prevent fraud or for purposesrelating to proceeds of Crime ; to enable data matching to be conducted both inrelation to fraud and for other purposes; to transfer functions of the Director ofthe Assets Recovery Agency to the Serious Organised Crime Agency andother persons and to make further provision in connection with the abolitionof the Agency and the office of Director; to amend the Proceeds of Crime Act2002 in relation to certain investigations and in relation to accredited financialinvestigators, management receivers and enforcement receivers, cash recoveryproceedings and search warrants; to extend stop and search powers inconnection with incidents involving Serious violence.

10 To make amendmentsrelating to Her Majesty s Revenue and Customs in connection with theregulation of investigatory powers; and for connected purposes.[30th October 2007 ]E IT ENACTED by the Queen s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows: PART 1 Serious Crime PREVENTION ORDERSG eneral1 Serious Crime prevention orders(1)The High Court in England and Wales may make an order if BSerious Crime Act 2007 (c. 27)Part 1 Serious Crime Prevention Orders2(a)it is satisfied that a person has been involved in Serious Crime (whetherin England and Wales or elsewhere); and(b)it has reasonable grounds to believe that the order would protect thepublic by preventing, restricting or disrupting involvement by theperson in Serious Crime in England and Wales.