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Royal arms

Serious Crime Act 2007

2007 CHAPTER 27

CONTENTS

Go to Preamble

  1. Part 1

    Serious Crime Prevention Orders

    1. General

      1. 1. Serious crime prevention orders

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

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

      4. 4. Involvement in serious crime: supplementary

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

    2. General safeguards in relation to orders

      1. 6. Any individual must be 18 or over

      2. 7. Other exceptions

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

      4. 9. Right of third parties to make representations

      5. 10. Notice requirements in relation to orders

    3. Information safeguards

      1. 11. Restrictions on oral answers

      2. 12. Restrictions for legal professional privilege

      3. 13. Restrictions on excluded material and banking information

      4. 14. Restrictions relating to other enactments

      5. 15. Restrictions on use of information obtained

    4. Duration, variation and discharge of orders

      1. 16. Duration of orders

      2. 17. Variation of orders

      3. 18. Discharge of orders

    5. Extension of jurisdiction to Crown Court

      1. 19. Orders by Crown Court on conviction

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

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

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

    6. Appeals

      1. 23. Additional right of appeal from High Court

      2. 24. Appeals from Crown Court

    7. Enforcement

      1. 25. Offence of failing to comply with order

      2. 26. Powers of forfeiture in respect of offence

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

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

      5. 29. Powers to wind up: supplementary

    8. Particular types of persons

      1. 30. Bodies corporate including limited liability partnerships

      2. 31. Other partnerships

      3. 32. Unincorporated associations

      4. 33. Overseas bodies

      5. 34. Providers of information society services

    9. Supplementary

      1. 35. Proceedings in the High Court

      2. 36. Proceedings in the Crown Court

      3. 37. Functions of applicant authorities

      4. 38. Disclosure of information in accordance with orders

      5. 39. Compliance with orders: authorised monitors

      6. 40. Costs in relation to authorised monitors

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

    10. Interpretation: Part 1

      1. 42. Interpretation: Part 1

      2. 43. Index of defined expressions: Part 1

  2. Part 2

    Encouraging or assisting crime

    1. Inchoate offences

      1. 44. Intentionally encouraging or assisting an offence

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

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

      4. 47. Proving an offence under this Part

      5. 48. Proving an offence under section 46

      6. 49. Supplemental provisions

    2. Reasonableness defence

      1. 50. Defence of acting reasonably

    3. Limitation on liability

      1. 51. Protective offences: victims not liable

    4. Jurisdiction and procedure

      1. 52. Jurisdiction

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

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

      4. 55. Mode of trial

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

      6. 57. Alternative verdicts and guilty pleas

      7. 58. Penalties

    5. Consequential alterations of the law

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

      2. 60. Amendments relating to service law

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

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

      5. 63. Consequential amendments: Part 2

    6. Interpretation: Part 2

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

      2. 65. Being capable of encouraging or assisting

      3. 66. Indirectly encouraging or assisting

      4. 67. Course of conduct

  3. Part 3

    Other measures to prevent or disrupt serious and other crime

    1. Chapter 1

      Prevention of fraud

      1. Sharing information with anti-fraud organisations

        1. 68. Disclosure of information to prevent fraud

        2. 69. Offence for certain further disclosures of information

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

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

        5. 72. Data protection rules

      2. Data matching

        1. 73. Data matching

    2. Chapter 2

      Proceeds of crime

      1. Assets Recovery Agency

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

      2. Detained cash investigations: use of production orders and warrants

        1. 75. Use of production orders for detained cash investigations

        2. 76. Use of search warrants etc. for detained cash investigations

        3. 77. Further provision about detained cash investigations

      3. Extension of powers of accredited financial investigators

        1. 78. Powers to seize property to which restraint orders apply

        2. 79. Powers to recover cash

        3. 80. Powers in relation to certain investigations

        4. 81. Supplementary provision in relation to new powers

      4. Miscellaneous

        1. 82. Powers of management receivers and enforcement receivers

        2. 83. Civil recovery management receivers

        3. 84. Powers for prosecutors to appear in cash recovery proceedings

        4. 85. Disclosure of information by Revenue and Customs

        5. 86. Use of force in executing search warrants: Scotland

    3. Chapter 3

      Other measures

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

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

  4. Part 4

    General and final provisions

    1. General

      1. 89. Orders

      2. 90. Supplementary, incidental and consequential provision

      3. 91. Transitional and transitory provisions and savings

      4. 92. Repeals and revocations

    2. Final

      1. 93. Extent

      2. 94. Commencement

      3. 95. Short title

    1. Schedule 1

      Serious offences

      1. Part 1

        Serious offences in England and Wales

      2. Part 2

        Serious offences in Northern Ireland

    2. Schedule 2

      Functions of applicant authorities under Part 1

    3. Schedule 3

      Listed Offences

      1. Part 1

        Offences common to England and Wales and Northern Ireland

      2. Part 2

        Offences under particular enactments: England and Wales

      3. Part 3

        Other offences: England and Wales

      4. Part 4

        Offences under particular enactments: Northern Ireland

      5. Part 5

        Other offences: Northern Ireland

    4. Schedule 4

      Extra-territoriality

    5. Schedule 5

      Amendments relating to service law

    6. Schedule 6

      Minor and consequential amendments: Part 2

      1. Part 1

        References to common law offence of incitement

      2. Part 2

        Other minor and consequential amendments

    7. Schedule 7

      Data matching

      1. Part 1

        Data matching: England

      2. Part 2

        Data matching: Wales

      3. Part 3

        Data matching: Northern Ireland

    8. Schedule 8

      Abolition of Assets Recovery Agency and its Director

      1. Part 1

        Abolition of confiscation functions

      2. Part 2

        Transfer of civil recovery functions

      3. Part 3

        Transfer or abolition of Revenue functions

      4. Part 4

        Transfer of investigation functions

      5. Part 5

        Transfer of accreditation and training functions

      6. Part 6

        Other amendments to 2002 Act

      7. Part 7

        Amendments to other enactments

    9. Schedule 9

      Transfers to SOCA or NPIA

    10. Schedule 10

      Detained cash investigations: further provision

    11. Schedule 11

      Powers to recover cash: financial investigators

    12. Schedule 12

      Revenue and Customs: regulation of investigatory powers

    13. Schedule 13

      Transitional and transitory provisions and savings

    14. Schedule 14

      Repeals and revocations

An Act to make provision about serious crime prevention orders; to create offences in respect of the encouragement or assistance of crime; to enable information to be shared or processed to prevent fraud or for purposes relating to proceeds of crime; to enable data matching to be conducted both in relation to fraud and for other purposes; to transfer functions of the Director of the Assets Recovery Agency to the Serious Organised Crime Agency and other persons and to make further provision in connection with the abolition of the Agency and the office of Director; to amend the Proceeds of Crime Act 2002 in relation to certain investigations and in relation to accredited financial investigators, management receivers and enforcement receivers, cash recovery proceedings and search warrants; to extend stop and search powers in connection with incidents involving serious violence; to make amendments relating to Her Majesty’s Revenue and Customs in connection with the regulation of investigatory powers; and for connected purposes.

[30th October 2007]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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