Part 1 Serious Crime Prevention Orders

General

1 Serious crime prevention orders

(1) The High Court in England and Wales may make an order if—

(a) it is satisfied that a person has been involved in serious crime (whether in England and Wales or elsewhere); and

(b) 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.

(2) The High Court in Northern Ireland may make an order if—

(a) it is satisfied that a person has been involved in serious crime (whether in Northern Ireland or elsewhere); and

(b) 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.

(3) 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.

(4) The powers of the court in respect of an order under this section are subject to sections 6 to 15 (safeguards).

(5) In this Part “serious crime prevention order” means—

(a) an order under this section; or

(b) an order under section 19 (corresponding order of the Crown Court on conviction).

(6) For the purposes of this Part references to the person who is the subject of a serious crime prevention order are references to the person against whom the public are to be protected.

2 Involvement in serious crime: England and Wales orders

(1) For the purposes of this Part, a person has been involved in serious crime in England and Wales if he—

(a) has committed a serious offence in England and Wales;

(b) has facilitated the commission by another person of a serious offence in England and Wales; or

(c) has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in England and Wales (whether or not such an offence was committed).

(2) In this Part “a serious offence in England and Wales” means an offence under the law of England and Wales which, at the time when the court is considering the application or matter in question—

(a) is specified, or falls within a description specified, in Part 1 of Schedule 1; or

(b) is one which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it were so specified.

(3) For the purposes of this Part, involvement in serious crime in England and Wales is any one or more of the following—

(a) the commission of a serious offence in England and Wales;

(b) conduct which facilitates the commission by another person of a serious offence in England and Wales;

(c) conduct which is likely to facilitate the commission, by the person whose conduct it is or another person, of a serious offence in England and Wales (whether or not such an offence is committed).

(4) For the purposes of section 1(1)(a), a person has been involved in serious crime elsewhere than in England and Wales if he—

(a) has committed a serious offence in a country outside England and Wales;

(b) has facilitated the commission by another person of a serious offence in a country outside England and Wales; or

(c) has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in a country outside England and Wales (whether or not such an offence was committed).

(5) In subsection (4) “a serious offence in a country outside England and Wales” means an offence under the law of a country outside England and Wales which, at the time when the court is considering the application or matter in question—

(a) would be an offence under the law of England and Wales if committed in or as regards England and Wales; and

(b) either—

(i) would be an offence which is specified, or falls within a description specified, in Part 1 of Schedule 1 if committed in or as regards England and Wales; or

(ii) is conduct which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it meets the test in sub-paragraph (i).

(6) The test in subsection (4) is to be used instead of the test in section 3(1) in deciding for the purposes of section 1(1)(a) whether a person has been involved in serious crime in Northern Ireland.

(7) An act punishable under the law of a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (5), however it is described in that law.

3 Involvement in serious crime: Northern Ireland orders

(1) For the purposes of this Part, a person has been involved in serious crime in Northern Ireland if he—

(a) has committed a serious offence in Northern Ireland;

(b) has facilitated the commission by another person of a serious offence in Northern Ireland; or

(c) has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in Northern Ireland (whether or not such an offence was committed).

(2) In this Part “a serious offence in Northern Ireland” means an offence under the law of Northern Ireland which, at the time when the court is considering the application or matter in question—

(a) is specified, or falls within a description specified, in Part 2 of Schedule 1; or

(b) is one which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it were so specified.

(3) For the purposes of this Part, involvement in serious crime in Northern Ireland is any one or more of the following—

(a) the commission of a serious offence in Northern Ireland;

(b) conduct which facilitates the commission by another person of a serious offence in Northern Ireland;

(c) conduct which is likely to facilitate the commission, by the person whose conduct it is or another person, of a serious offence in Northern Ireland (whether or not such an offence is committed).

(4) For the purposes of section 1(2)(a), a person has been involved in serious crime elsewhere than in Northern Ireland if he—

(a) has committed a serious offence in a country outside Northern Ireland;

(b) has facilitated the commission by another person of a serious offence in a country outside Northern Ireland; or

(c) has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in a country outside Northern Ireland (whether or not such an offence was committed).

(5) In subsection (4) “a serious offence in a country outside Northern Ireland” means an offence under the law of a country outside Northern Ireland which, at the time when the court is considering the application or matter in question—

(a) would be an offence under the law of Northern Ireland if committed in or as regards Northern Ireland; and

(b) either—

(i) would be an offence which is specified, or falls within a description specified, in Part 2 of Schedule 1 if committed in or as regards Northern Ireland; or

(ii) is conduct which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it meets the test in sub-paragraph (i).

(6) The test in subsection (4) is to be used instead of the test in section 2(1) in deciding for the purposes of section 1(2)(a) whether a person has been involved in serious crime in England and Wales.

(7) An act punishable under the law of a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (5), however it is described in that law.

4 Involvement in serious crime: supplementary

(1) In considering for the purposes of this Part whether a person has committed a serious offence—

(a) the court must decide that the person has committed the offence if—

(i) he has been convicted of the offence; and

(ii) the conviction has not been quashed on appeal nor has the person been pardoned of the offence; but

(b) the court must not otherwise decide that the person has committed the offence.

(2) In deciding for the purposes of this Part whether a person (“the respondent”) facilitates the commission by another person of a serious offence, the court must ignore—

(a) any act that the respondent can show to be reasonable in the circumstances; and

(b) subject to this, his intentions, or any other aspect of his mental state, at the time.

(3) In deciding for the purposes of this Part whether a person (“the respondent”) conducts himself in a way that is likely to facilitate the commission by himself or another person of a serious offence (whether or not such an offence is committed), the court must ignore—

(a) any act that the respondent can show to be reasonable in the circumstances; and

(b) subject to this, his intentions, or any other aspect of his mental state, at the time.

(4) The Secretary of State may by order amend Schedule 1.

5 Type of provision that may be made by orders

(1) This section contains examples of the type of provision that may be made by a serious crime prevention order but it does not limit the type of provision that may be made by such an order.

(2) Examples of prohibitions, restrictions or requirements that may be imposed by serious crime prevention orders in England and Wales or Northern Ireland include prohibitions, restrictions or requirements in relation to places other than England and Wales or (as the case may be) Northern Ireland.

(3) Examples of prohibitions, restrictions or requirements that may be imposed on individuals (including partners in a partnership) by serious crime prevention orders include prohibitions or restrictions on, or requirements in relation to—

(a) an individual’s financial, property or business dealings or holdings;

(b) an individual’s working arrangements;

(c) the means by which an individual communicates or associates with others, or the persons with whom he communicates or associates;

(d) the premises to which an individual has access;

(e) the use of any premises or item by an individual;

(f) an individual’s travel (whether within the United Kingdom, between the United Kingdom and other places or otherwise).

(4) Examples of prohibitions, restrictions or requirements that may be imposed on bodies corporate, partnerships and unincorporated associations by serious crime prevention orders include prohibitions or restrictions on, or requirements in relation to—

(a) financial, property or business dealings or holdings of such persons;

(b) the types of agreements to which such persons may be a party;

(c) the provision of goods or services by such persons;

(d) the premises to which such persons have access;

(e) the use of any premises or item by such persons;

(f) the employment of staff by such persons.

(5) Examples of requirements that may be imposed on any persons by serious crime prevention orders include—

(a) a requirement on a person to answer questions, or provide information, specified or described in an order—

(i) at a time, within a period or at a frequency;

(ii) at a place;

(iii) in a form and manner; and

(iv) to a law enforcement officer or description of law enforcement officer;

notified to the person by a law enforcement officer specified or described in the order;

(b) a requirement on a person to produce documents specified or described in an order—

(i) at a time, within a period or at a frequency;

(ii) at a place;

(iii) in a manner; and

(iv) to a law enforcement officer or description of law enforcement officer;

notified to the person by a law enforcement officer specified or described in the order.

(6) The prohibitions, restrictions or requirements that may be imposed on individuals by serious crime prevention orders include prohibitions, restrictions or requirements in relation to an individual’s private dwelling (including, for example, prohibitions or restrictions on, or requirements in relation to, where an individual may reside).

(7) In this Part—

• “document” means anything in which information of any description is recorded (whether or not in legible form);

• “a law enforcement officer” means—

  (a)

  a constable;

  (b)

  a member of the staff of the Serious Organised Crime Agency who is for the time being designated under section 43 of the Serious Organised Crime and Police Act 2005 (c. 15);

  (c)

  an officer of Revenue and Customs; or

  (d)

  a member of the Serious Fraud Office; and

• “premises” includes any land, vehicle, vessel, aircraft or hovercraft.

(8) Any reference in this Part to the production of documents is, in the case of a document which contains information recorded otherwise than in legible form, a reference to the production of a copy of the information in legible form.

General safeguards in relation to orders

6 Any individual must be 18 or over

An individual under the age of 18 may not be the subject of a serious crime prevention order.

7 Other exceptions

A person may not be the subject of a serious crime prevention order if the person falls within a description specified by order of the Secretary of State.

8 Limited class of applicants for making of orders

A serious crime prevention order may be made only on an application by—

(a) in the case of an order in England and Wales—

(i) the Director of Public Prosecutions;

(ii) the Director of Revenue and Customs Prosecutions; or

(iii) the Director of the Serious Fraud Office; and

(b) in the case of an order in Northern Ireland, the Director of Public Prosecutions for Northern Ireland.

9 Right of third parties to make representations

(1) The High Court must, on an application by a person, give the person an opportunity to make representations in proceedings before it about the making of a serious crime prevention order if it considers that the making of the order would be likely to have a significant adverse effect on that person.

(2) The High Court must, on an application by a person, give the person an opportunity to make representations in proceedings before it about the variation of a serious crime prevention order if it considers that—

(a) the variation of the order; or

(b) a decision not to vary it;

would be likely to have a significant adverse effect on that person.

(3) The High Court must, on an application by a person, give the person an opportunity to make representations in proceedings before it about the discharge of a serious crime prevention order if it considers that—

(a) the discharge of the order; or

(b) a decision not to discharge it;

would be likely to have a significant adverse effect on that person.

(4) The Crown Court must, on an application by a person, give the person an opportunity to make representations in proceedings before it arising by virtue of section 19, 20 or 21 if it considers that the making or variation of the serious crime prevention order concerned (or a decision not to vary it) would be likely to have a significant adverse effect on that person.

(5) A court which is considering an appeal in relation to a serious crime prevention order must, on an application by a person, give the person an opportunity to make representations in the proceedings if that person was given an opportunity to make representations in the proceedings which are the subject of the appeal.

10 Notice requirements in relation to orders

(1) The subject of a serious crime prevention order is bound by it or a variation of it only if—

(a) he is represented (whether in person or otherwise) at the proceedings at which the order or (as the case may be) variation is made; or

(b) a notice setting out the terms of the order or (as the case may be) variation has been served on him.

(2) The notice may be served on him by—

(a) delivering it to him in person; or

(b) sending it by recorded delivery to him at his last-known address (whether residential or otherwise).

(3) For the purposes of delivering such a notice to him in person, a constable or a person authorised for the purpose by the relevant applicant authority may (if necessary by force)—

(a) enter any premises where he has reasonable grounds for believing the person to be; and

(b) search those premises for him.

(4) In this Part “the relevant applicant authority” means—

(a) in relation to a serious crime prevention order in England and Wales—

(i) where the order was applied for by the Director of Public Prosecutions, the Director of Public Prosecutions;

(ii) where the order was applied for by the Director of Revenue and Customs Prosecutions, the Director of Revenue and Customs Prosecutions; and

(iii) where the order was applied for by the Director of the Serious Fraud Office, the Director of the Serious Fraud Office; and

(b) in relation to a serious crime prevention order in Northern Ireland, the Director of Public Prosecutions for Northern Ireland.

Information safeguards

11 Restrictions on oral answers

A serious crime prevention order may not require a person to answer questions, or provide information, orally.

12 Restrictions for legal professional privilege

(1) A serious crime prevention order may not require a person—

(a) to answer any privileged question;

(b) to provide any privileged information; or

(c) to produce any privileged document.

(2) A “privileged question” is a question which the person would be entitled to refuse to answer on grounds of legal professional privilege in proceedings in the High Court.

(3) “Privileged information” is information which the person would be entitled to refuse to provide on grounds of legal professional privilege in such proceedings.

(4) A “privileged document” is a document which the person would be entitled to refuse to produce on grounds of legal professional privilege in such proceedings.

(5) But subsection (1) does not prevent an order from requiring a lawyer to provide the name and address of a client of his.

13 Restrictions on excluded material and banking information

(1) A serious crime prevention order may not require a person to produce—

(a) in the case of an order in England and Wales, any excluded material as defined by section 11 of the Police and Criminal Evidence Act 1984 (c. 60); and

(b) in the case of an order in Northern Ireland, any excluded material as defined by Article 13 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)).

(2) A serious crime prevention order may not require a person to disclose any information or produce any document in respect of which he owes an obligation of confidence by virtue of carrying on a banking business unless condition A or B is met.

(3) Condition A is that the person to whom the obligation of confidence is owed consents to the disclosure or production.

(4) Condition B is that the order contains a requirement—

(a) to disclose information, or produce documents, of this kind; or

(b) to disclose specified information which is of this kind or to produce specified documents which are of this kind.

14 Restrictions relating to other enactments

(1) A serious crime prevention order may not require a person—

(a) to answer any question;

(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—

• “enactment” includes an Act of the Scottish Parliament, Northern Ireland legislation and an enactment comprised in subordinate legislation, and includes an enactment whenever passed or made; and

• “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) and also includes an instrument made under—

  (a)

  an Act of the Scottish Parliament; or

  (b)

  Northern Ireland legislation.

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 orders

16 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 Court

19 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)