Office of Public Sector Information
PART 1 continued CHAPTER 1 continued
(1) Information disclosed by SOCA under section 33 to any person or body must not be further disclosed except—
(a) for a purpose connected with any function of that person or body for the purposes of which the information was disclosed by SOCA, or otherwise for any permitted purposes, and
(b) with the consent of SOCA.
(2) Information disclosed to SOCA under any enactment by the Commissioners or a person acting on their behalf must not be further disclosed except—
(a) for any permitted purposes, and
(b) with the consent of the Commissioners or an authorised officer of Revenue and Customs.
(3) Consent under subsection (1) or (2) may be given—
(a) in relation to a particular disclosure, or
(b) in relation to disclosures made in circumstances specified or described in the consent.
(4) In this section “permitted purposes” has the meaning given by section 33(2).
(1) The chief officer of a police force in Great Britain must keep SOCA informed of any information relating to crime in his police area that appears to him to be likely to be relevant to the exercise by SOCA of any of its functions.
(2) The Chief Constable of the Police Service of Northern Ireland has a corresponding duty in relation to crime in Northern Ireland.
(3) The chief officer of a special police force must keep SOCA informed of any information relating to crime that he has become aware of in his capacity as chief officer and appears to him to be likely to be relevant to the exercise by SOCA of any of its functions.
(1) It is the duty of every person to whom this section applies to assist SOCA in the exercise of its functions in relation to serious organised crime.
(2) This section applies to—
(a) any constable,
(b) any officer of Revenue and Customs, and
(c) any member of Her Majesty’s armed forces or Her Majesty’s coastguard.
(1) The Director of Revenue and Customs Prosecutions—
(a) may institute and conduct criminal proceedings in England and Wales that arise out of a criminal investigation by SOCA relating to a designated offence, and
(b) must take over the conduct of criminal proceedings instituted by SOCA in England and Wales in respect of a designated offence.
(2) The Director of Revenue and Customs Prosecutions must provide such advice as he thinks appropriate, to such persons as he thinks appropriate, in relation to—
(a) a criminal investigation by SOCA relating to a designated offence, or
(b) criminal proceedings instituted in England and Wales that arise out of such an investigation.
(3) The Director of Public Prosecutions—
(a) may institute and conduct criminal proceedings in England and Wales that arise out of a criminal investigation by SOCA relating to a non-designated offence, and
(b) must take over the conduct of criminal proceedings instituted by SOCA in England and Wales in respect of such an offence.
But paragraph (b) does not apply where the Director of the Serious Fraud Office has the conduct of the proceedings.
(4) The Director of Public Prosecutions must provide such advice as he thinks appropriate, to such persons as he thinks appropriate, in relation to—
(a) a criminal investigation by SOCA relating to a non-designated offence, or
(b) criminal proceedings instituted in England and Wales that arise out of such an investigation.
(5) Sections 23 and 23A of the Prosecution of Offences Act 1985 (c. 23) (power to discontinue proceedings) apply (with any necessary modifications) to proceedings conducted by the Director of Revenue and Customs Prosecutions in accordance with this section as they apply to proceedings conducted by the Director of Public Prosecutions.
(6) In the Commissioners for Revenue and Customs Act 2005 (c. 11)—
(a) section 37(1) (prosecutors), and
(b) section 38(1) (conduct of prosecutions by appointed persons),
have effect as if the reference to section 35 of that Act included a reference to this section.
(7) For the purposes of this section and section 39—
(a) “criminal investigation” means any process—
(i) for considering whether an offence has been committed,
(ii) for discovering by whom an offence has been committed, or
(iii) as a result of which an offence is alleged to have been committed;
(b) an offence is a “designated offence” if criminal proceedings instituted by SOCA in respect of the offence fall (or, as the case may be, would fall) to be referred to the Director of Revenue and Customs Prosecutions by virtue of directions under section 39(1);
(c) “non-designated offence” means an offence which is not a designated offence;
(d) a reference to the institution of criminal proceedings is to be construed in accordance with section 15(2) of the Prosecution of Offences Act 1985 (c. 23); and
(e) a reference to the institution of proceedings by SOCA includes a reference to their institution by the Director General of SOCA or a person authorised by him.
(1) The Directors may give directions to SOCA—
(a) for enabling SOCA to determine whether cases arising out of criminal investigations by SOCA are to be referred to the Director of Revenue and Customs Prosecutions, or to the Director of Public Prosecutions, in order for him to consider whether to institute proceedings in accordance with section 38(1)(a) or (3)(a);
(b) for enabling SOCA to determine whether criminal proceedings instituted by SOCA are to be referred to the Director of Revenue and Customs Prosecutions, or to the Director of Public Prosecutions, in order for him to take over their conduct in accordance with section 38(1)(b) or (3)(b);
(c) specifying, in relation to any cases or proceedings that are to be so referred to the Director of Revenue and Customs Prosecutions or the Director of Public Prosecutions, the steps to be taken by SOCA in connection with referring them to him.
(2) Directions under subsection (1) may provide for cases or proceedings to be referred to one or other of the Directors by reference to—
(a) whether the cases or proceedings relate to an offence falling within a category of offences specified in the directions; or
(b) whether any criteria so specified are satisfied with respect to the cases or proceedings; or
(c) such other matters as the Directors think fit.
(3) The Directors may from time to time revise any directions given under this section.
(4) The Directors must publish in such manner as they think fit—
(a) any directions given under this section, and
(b) any revisions made to such directions;
and they must give a copy of any such directions or revisions to SOCA.
(5) A report to which this subsection applies must set out —
(a) any directions given under this section, and
(b) any revisions made to such directions,
in the year to which the report relates.
(6) Subsection (5) applies to—
(a) a report under section 9 of the Prosecution of Offences Act 1985 (c. 23) (report to Attorney General by Director of Public Prosecutions), and
(b) a report under paragraph 6 of Schedule 3 to the Commissioners for Revenue and Customs Act 2005 (c. 11) (report to Attorney General by Director of Revenue and Customs Prosecutions).
(7) Directions under this section may make different provision for different cases, circumstances or areas.
(8) If there is a failure to comply with directions under this section in relation to the reference of any matter to one of the Directors, neither—
(a) the reference, nor
(b) anything subsequently done in connection with the matter,
is invalid by reason of anything in the directions or in section 38.
(9) In this section “the Directors” means the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions, acting jointly.
(1) Sections 37 to 37B of the Police and Criminal Evidence Act 1984 (c. 60) (duties of custody officers; guidance etc.) have effect, in relation to a person arrested following a criminal investigation by SOCA relating to a designated offence, as if references to the Director of Public Prosecutions were references to the Director of Revenue and Customs Prosecutions.
(2) In subsection (1) the reference to a designated offence is to be read in accordance with section 38(7)(b) of this Act.
Any person to whom a direction is given by the Secretary of State or the Scottish Ministers under this Chapter must comply with the direction.
(1) In this Chapter—
“chief officer” means—
in relation to a police force in England and Wales, the chief officer of police,
in relation to a police force in Scotland, the chief constable,
in relation to the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve, the Chief Constable of the Police Service of Northern Ireland;
in relation to the States of Jersey Police Force or the salaried police force of the Island of Guernsey, the chief officer of that force;
in relation to the Isle of Man Constabulary, the chief constable;
in relation to a special police force mentioned in section 3(5)(a), (b) or (c), the Chief Constable;
in relation to the Scottish Drug Enforcement Agency, the Director of that Agency;
“the Commissioners” has the meaning given by section 2(8);
“constable”, in relation to Northern Ireland, means a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve;
“financial year”, in relation to SOCA, means—
the period beginning with the date on which SOCA is established and ending with the following 31st March, and
each successive period of 12 months ending with 31st March;
“functions” includes powers and duties;
“government department” includes a Northern Ireland department;
“joint police board” has the same meaning as in the Police (Scotland) Act 1967 (c. 77);
“police force” means (unless the context otherwise requires)—
a police force in England, Wales or Scotland, or
the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve;
“special police force” has the meaning given by section 3(5).
(2) In this Chapter—
(a) “the Scottish Drug Enforcement Agency” means the organisation known by that name and established under section 36(1)(a)(ii) of the Police (Scotland) Act 1967; and
(b) “the Director” of that Agency means the person engaged on central service (as defined by section 38(5) of that Act) and for the time being appointed by the Scottish Ministers to exercise control in relation to the activities carried out in the exercise of the Agency’s functions.
(3) Section 81(5) of the Regulation of Investigatory Powers Act 2000 (c. 23) (meaning of “prevention” and “detection”) applies for the purposes of this Chapter as it applies for the purposes of the provisions of that Act not contained in Chapter 1 of Part 1.
(1) The Director General of SOCA may designate a member of the staff of SOCA as one or more of the following—
(a) a person having the powers of a constable;
(b) a person having the customs powers of an officer of Revenue and Customs;
(c) a person having the powers of an immigration officer.
(2) A designation under this section—
(a) may be made subject to any limitations specified in the designation (whether as to the powers exercisable by virtue of it, the purposes for which they are exercisable or otherwise); and
(b) has effect either for a period so specified or without limit of time.
(3) Subsection (2) applies subject to any modification or withdrawal of the designation under section 45.
(4) A member of SOCA’s staff may be designated as a person having the powers mentioned in any of paragraphs (a) to (c) of subsection (1) whether or not—
(a) he already has (for any reason) any powers falling within any of those paragraphs, or
(b) he had any such powers before becoming a member of SOCA’s staff.
(5) But a person may not be designated as a person having the powers mentioned in any of paragraphs (a) to (c) of subsection (1) unless the Director General is satisfied that that person—
(a) is capable of effectively exercising the powers that would be exercisable by virtue of the designation,
(b) has received adequate training in respect of the exercise of those powers, and
(c) is otherwise a suitable person to exercise those powers.
(6) Where an employee of SOCA—
(a) before becoming such an employee, held an office by virtue of which he had any powers falling within subsection (1)(a), (b) or (c), and
(b) has not resigned that office,
that office is to be treated as suspended so long as he remains in SOCA’s employment, and revives if (and only if) on ceasing to be so employed he returns to service as the holder of that office.
(7) References in this section to the powers of a constable, the customs powers of an officer of Revenue and Customs or the powers of an immigration officer are to be read in accordance with sections 46 to 49.
(1) The Director General of SOCA may, to such extent as he may specify, delegate his functions under section 43 to an employee of SOCA at the prescribed level.
(2) “At the prescribed level” means employed in a grade or on a pay scale not lower than that specified in an order made by the Secretary of State.
(1) The Director General of SOCA may at any time modify or withdraw a designation made under section 43 by giving a notice to that effect to the designated person.
(2) An employee of SOCA by whom the power to make designations under section 43 is exercisable by virtue of section 44 may at any time modify or withdraw a relevant designation by giving a notice to that effect to the designated person.
(3) For the purposes of this section “a relevant designation”, in relation to such an employee, means a designation of a kind that the employee is authorised to make by virtue of section 44.
(1) This section applies to a member of SOCA’s staff who is for the time being designated under section 43 as a person having the powers of a constable.
(2) The designated person has all the powers and privileges of a constable.
(3) Those powers and privileges are exercisable by the designated person—
(a) throughout England and Wales and the adjacent United Kingdom waters, and
(b) in accordance with section 47, in Scotland or Northern Ireland and the adjacent United Kingdom waters.
(4) If any of those powers and privileges, when exercisable by a constable, are subject to any territorial restrictions on their exercise, they are similarly subject to those restrictions when exercised by the designated person.
(5) If any of those powers and privileges, when exercisable by a constable, are exercisable elsewhere than in the United Kingdom or the adjacent United Kingdom waters, they are similarly exercisable by the designated person.
(6) The designated person also has any powers exercisable by virtue of subsection (7).
(7) Any enactment under which a constable may be authorised by warrant to exercise any power in relation to any matter has effect, for the purpose of enabling the designated person to be authorised to exercise the power in relation to any such matter, as if he were a constable.
(8) Subsections (2) to (7) have effect subject to any limitation specified in the designation under section 43(2).
(9) In this section references to the powers and privileges of a constable are references to the powers and privileges of a constable whether under any enactment or otherwise.
(1) This section provides for persons designated as mentioned in section 46(1) (“relevant persons”) to exercise the powers and privileges mentioned in section 46(2) in Scotland or Northern Ireland and the adjacent United Kingdom waters.
(2) If so agreed by—
(a) the Scottish Ministers, and
(b) SOCA,
the powers and privileges are exercisable by relevant persons in Scotland and the adjacent United Kingdom waters to such extent and in such circumstances as may be specified in the agreement.
(3) If so agreed by—
(a) the Director of the Scottish Drug Enforcement Agency or a person nominated by him for the purposes of this subsection, and
(b) SOCA,
a relevant person may exercise the powers and privileges in Scotland in connection with a particular operation.
(4) A person nominated for the purposes of subsection (3) must be either—
(a) a person for the time being appointed as Deputy Director of that Agency, or
(b) an appropriate officer of a police force for an area in Scotland.
(5) If so agreed by—
(a) the Secretary of State, and
(b) SOCA,
the powers and privileges are exercisable by relevant persons in Northern Ireland and the adjacent United Kingdom waters to such extent and in such circumstances as may be specified in the agreement.
(6) If—
(a) an agreement under subsection (5) (“the general authorisation”) is in force, and
(b) an appropriate officer of the Police Service of Northern Ireland and SOCA so agree in conformity with the general authorisation,
a relevant person may exercise the powers and privileges in Northern Ireland in connection with a particular operation in accordance with the agreement mentioned in paragraph (b).
(7) In this section—
“appropriate officer” means an officer of or above the rank of assistant chief constable;
“the Scottish Drug Enforcement Agency” and “the Director” of that Agency have the meanings given by section 42(2).
(1) This section applies to a member of SOCA’s staff who is for the time being designated under section 43 as a person having the customs powers of an officer of Revenue and Customs.
(2) The designated person has, in relation to any customs matter, the same powers as an officer of Revenue and Customs would have.
(3) The designated person also has any powers exercisable by virtue of subsection (4).
(4) Any enactment under which an officer of Revenue and Customs may be authorised by warrant to exercise any power in relation to any customs matter has effect, for the purpose of enabling the designated person to be authorised to exercise the power in relation to any such matter, as if he were an officer of Revenue and Customs.
(5) Where any power is exercisable by an officer of Revenue and Customs both—
(a) in relation to a customs matter, and
(b) in relation to any other matter,
it is exercisable by the designated person only in relation to the customs matter.
(6) Subsections (2) to (5) have effect subject to any limitation specified in the designation under section 43(2).
(7) In this section “customs matter” means any matter other than—
(a) a matter to which section 7 of the Commissioners for Revenue and Customs Act 2005 (c. 11) applies (former Inland Revenue matters), or
(b) any tax or duty not mentioned in Schedule 1 to that Act (which lists such matters).
(1) This section applies to a member of SOCA’s staff who is for the time being designated under section 43 as a person having the powers of an immigration officer.
(2) The designated person has, in relation to any matter in relation to which powers are exercisable by an immigration officer, the same powers as such an officer would have.
(3) The designated person also has any powers exercisable by virtue of subsection (4).
(4) Any enactment under which an immigration officer may be authorised by warrant to exercise any power in relation to any matter has effect, for the purpose of enabling the designated person to be authorised to exercise the power in relation to any such matter, as if he were an immigration officer.
(5) Subsections (2) to (4) have effect subject to any limitation specified in the designation under section 43(2).
(6) In this section “immigration officer” means a person who is an immigration officer within the meaning of the Immigration Act 1971 (c. 77).
(1) If a designated person—
(a) exercises any power in relation to another person in reliance on his designation under section 43, or
(b) purports to do so,
he must produce evidence of his designation to the other person if requested to do so.
(2) A failure to comply with subsection (1) does not make the exercise of the power invalid.
(3) For the purpose of determining liability for the unlawful conduct of members of SOCA’s staff, any conduct by a designated person in reliance, or purported reliance, on his designation is to be taken to be—
(a) if he is employed by SOCA, conduct in the course of his employment, or
(b) if he is a person to whom section 28 applies by virtue of subsection (3)(a) of that section, conduct falling within subsection (1) of that section.
(4) In the case of any unlawful conduct within subsection (3) which is a tort, SOCA is accordingly to be treated as a joint tortfeasor.
This subsection does not apply to Scotland.
(1) A person commits an offence if he assaults—
(a) a designated person acting in the exercise of a relevant power, or
(b) a person who is assisting a designated person in the exercise of such a power.
(2) A person commits an offence if he resists or wilfully obstructs—
(a) a designated person acting in the exercise of a relevant power, or
(b) a person who is assisting a designated person in the exercise of such a power.
(3) A person commits an offence if, with intent to deceive—
(a) he impersonates a designated person,
(b) he makes any statement or does any act calculated falsely to suggest that he is a designated person, or
(c) he makes any statement or does any act calculated falsely to suggest that he has powers as a designated person that exceed the powers he actually has.
(4) A person guilty of an offence under subsection (1) or (3) is liable on summary conviction—
(a) to imprisonment for a term not exceeding 51 weeks, or
(b) to a fine not exceeding level 5 on the standard scale,
or to both.
(5) A person guilty of an offence under subsection (2) is liable on summary conviction—
(a) to imprisonment for a term not exceeding 51 weeks, or
(b) to a fine not exceeding level 3 on the standard scale,
or to both.
(6) In this section “relevant power”, in relation to a designated person, means a power or privilege exercisable by that person by virtue of the designation under section 43.
(7) In the application of this section to Scotland the references to 51 weeks in subsections (4)(a) and (5)(a) are to be read as references to 12 months in each case.
(8) In the application of this section to Northern Ireland the references to 51 weeks are to be read as follows—
(a) in subsection (4)(a) the reference is to be read as a reference to 6 months, and
(b) in subsection (5)(a) the reference is to be read as a reference to 1 month.
(1) The Secretary of State may by order provide for any enactment (or description of enactments) to apply in relation to—
(a) designated persons, or
(b) the exercise of powers by such persons under this Chapter,
with such modifications as he considers necessary or expedient.
(2) An order under this section may include provision for or in connection with—
(a) extending to such persons any exemption or protection afforded by an enactment to any other description of persons;
(b) providing for the disclosure of information to, or the doing of other things in relation to, such persons under any enactment;
(c) conferring on the Director General of SOCA functions exercisable in relation to such persons.
(3) Subsection (2) does not affect the generality of subsection (1).
(4) In this section any reference to designated persons includes a reference to any description of such persons.
(5) Before exercising the power conferred by subsection (1) in relation to an enactment which (expressly or otherwise) confers any function on—
(a) the Commissioners for Her Majesty’s Revenue and Customs, or
(b) an officer of Revenue and Customs,
the Secretary of State must consult the Commissioners.
(6) Before exercising the power conferred by subsection (1) in relation to an enactment which extends to Scotland, the Secretary of State must consult the Scottish Ministers.
(7) The power conferred by subsection (1) is exercisable by the Scottish Ministers (rather than by the Secretary of State) where the provision to be made is within the legislative competence of the Scottish Parliament.
Serious Organised Crime and Police Act 2005