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Serious Crime Act 2007

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Serious Crime Act 2007. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary

    1. Part 1 - Serious Crime Prevention Orders

    2. Part 2 - Encouraging or Assisting Crime

    3. Part 3 - Other Measures to Prevent or Disrupt Serious and Other Crime

    4. Part 4 - General and Final Provisions

  3. Background

  4. Territorial Extent

  5. Territorial Application: Wales

  6. Commentary on Sections

    1. Part 1: Serious Crime Prevention Orders

      General

      1. Section 1: Serious crime prevention orders

      2. Section 2: Involvement in serious crime: England and Wales orders

      3. Section 3: Involvement in serious crime: Northern Ireland orders

      4. Section 4: Involvement in serious crime: supplementary

      5. Section 5: Type of provision that may be made by orders

      6. General safeguards in relation to orders

        1. Section 6: Any individual must be 18 or over

        2. Section 7: Other exceptions

        3. Section 8: Limited class of applicants for making of orders

        4. Section 9: Right of third parties to make representations

        5. Section 10: Notice requirements in relation to orders

      7. Information safeguards

        1. Section 11: Restrictions on oral answers

        2. Section 12: Restrictions for legal professional privilege

        3. Section 13: Restrictions on excluded material and banking information

        4. Section 14: Restrictions relating to other enactments

        5. Section 15: Restrictions on use of information obtained

      8. Duration, variation and discharge of orders

        1. Section 16: Duration of orders

        2. Section 17: Variation of orders

        3. Section 18: Discharge of orders

      9. Extension of jurisdiction to Crown Court

        1. Section 19: Orders by Crown Court on conviction

        2. Section 20: Powers of the Crown Court to vary orders on conviction

        3. Section 21: Powers of Crown Court to vary orders on breach

        4. Section 22: Inter-relationship between different types of orders

      10. Appeals

        1. Section 23: Additional right of appeal from High Court

        2. Section 24: Appeals from Crown Court

      11. Enforcement

        1. Section 25: Offence of failing to comply with order

        2. Section 26: Powers of forfeiture in respect of offence

        3. Section 27: Powers to wind up companies etc: England and Wales and Scotland

        4. Section 28: Powers to wind up companies etc: Northern Ireland

        5. Section 29: Powers to wind up: supplementary

      12. Particular types of bodies

        1. Section 30: Bodies corporate including limited liability partnerships

        2. Section 31: Other partnerships

        3. Section 32: Unincorporated associations

        4. Section 33: Overseas bodies

        5. Section 34: Providers of information society services

      13. Supplementary

        1. Section 35: Proceedings in the High Court

        2. Section 36: Proceedings in the Crown Court

        3. Section 37 and Schedule 2: Functions of applicant authorities

        4. Section 38: Disclosure of information in accordance with orders

        5. Section 39: Compliance with orders: authorised monitors

        6. Section 40: Costs in relation to authorised monitors

        7. Section 41: Powers of law enforcement officers to retain documents

        8. Section 42: Interpretation: Part 1

        9. Section 43: Index of defined expressions: Part 1

    2. Part 2: Encouraging or Assisting Crime

      Inchoate offences

      1. Section 44: Intentionally encouraging or assisting an offence

      2. Section 45: Encouraging or assisting an offence believing it will be committed

      3. Section 46: Encouraging or assisting offences believing one or more will be committed

      4. Section 47: Proving an offence under this Part

      5. Section 48: Proving an offence under section 46

      6. Section 49:  Supplemental provisions

      7. Reasonableness defence

        1. Section 50:  Defence of acting reasonably

      8. Limitation on Liability

        1. Section 51:  Protective offences: victims not liable

      9. Jurisdiction and Procedure

        1. Section 52:  Jurisdiction and Schedule 4

        2. Section 53:  Prosecution of offences triable by reason of Schedule 4

        3. Section 54: Institution of proceedings etc. for an offence under this Part

        4. Section 55:  Mode of trial

        5. Section 56: Persons who may be perpetrators or encouragers etc.

        6. Section 57: Alternative verdicts and guilty pleas

        7. Section 58:  Penalties

      10. Consequential alterations of the law

        1. Section 59:  Abolition of common law replaced by this Part

        2. Section 60: Amendments relating to service law

        3. Section 61: Repeal of offence of enabling unauthorised access to computer material

        4. Section 62: No individual liability in respect of corporate manslaughter

        5. Section 63: Consequential amendments: Part 2

      11. Interpretation: Part 2

        1. Section 64:  Encouraging or assisting the commission of an offence

        2. Section 65: Being capable of encouraging or assisting

        3. Section 66: Indirectly encouraging or assisting

        4. Section 67:  Course of conduct

    3. Part 3: Other Measures to Prevent or Disrupt Serious and Other Crime

      1. Chapter 1: Prevention of Fraud

        Sharing information with anti-fraud organisations

        1. Section 68: Disclosure of information to prevent fraud

        2. Section 69: Offence for certain further disclosures of information

        3. Section 70: Penalty and prosecution for offence under section 69

        4. Section 71: Code of practice for disclosure of information to prevent fraud

        5. Section 72: Data protection rules

        6. Section 73: Data matching and Schedule 7

      2. Chapter 2: Proceeds of Crime

        Assets Recovery Agency

        1. Section 74: Abolition of Assets Recovery Agency and redistribution of functions etc.

        2. Schedule 8: Abolition of Assets Recovery Agency and its Director

        3. Schedule 9: Transfers to SOCA or NPIA

        4. Section 75: Use of production orders for detained cash investigations

        5. Section 76: Use of search warrants etc. for detained cash investigations

        6. Section 77 and Schedule 10: Further provision about detained cash investigations

        7. Sections 78 to 81 and Schedule 11: Extension of powers of accredited financial investigators

        8. Section 82: Powers of management receivers and enforcement receivers

        9. Section 83: Civil recovery management receivers

        10. Section 84: Powers for prosecutors to appear in cash recovery proceedings

        11. Section 85: Disclosure of information by Revenue and Customs

        12. Section 86: Use of force in executing search warrants: Scotland

      3. Chapter 3: Other measures

        1. Section 87: Incidents involving serious violence: powers to stop and search

        2. Section 88: Extension of investigatory powers of Revenue and Customs

    4. Part 4: General and Final Provisions

      1. Section 89: Orders

      2. Section 90: Supplementary, incidental or consequential provision

        1. Clause 91 and Schedule 13: Transitional and transitory provisions and savings

      3. Section 92 and Schedule 14: Repeals and revocations

      4. Section 93: Extent

      5. Section 94: Commencement

      6. Section 95: Short title

  7. Commencement

  8. Hansard References

  9. Table of Abbreviations

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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