Legalize / United Kingdom / Public General Act

Serious Crime Act 2007

Type Public General Act

Publication 2007-10-30

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 4

Reform history JSON API

Part 1 — Serious Crime Prevention Orders

General

Serious crime prevention orders

1

(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.

(1A) The appropriate court in Scotland may make an order if—

(a) it is satisfied that a person has been involved in serious crime (whether in Scotland 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 Scotland.

(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 , Scotland 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—

“appropriate court” means the Court of Session or sheriff;

“serious crime prevention order” means— an order under this section;an order under section 19 (corresponding order of the Crown Court on conviction); oran order under section 22A (corresponding order of the High Court of Justiciary or sheriff 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.

Data matching

2

(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 tests in sections 2A(1) and 3(1) in deciding for the purposes of section 1(1)(a) whether a person has been involved in serious crime inScotland or (as the case may be) 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.

Involvement in serious crime: Northern Ireland orders

3

(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 tests in sections 2(1) and 2A(1) in deciding for the purposes of section 1(2)(a) whether a person has been involved in serious crime in England and Walesor (as the case may be) Scotland.

(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.

Involvement in serious crime: supplementary

4

(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 Part 1 of Schedule 1.

(4A) The Scottish Ministers may by order amend Part 1A of Schedule 1.

(4B) The Scottish Ministers may not exercise the power conferred by subsection (4A) in relation to an offence which relates to a reserved matter (within the meaning of the Scotland Act 1998) without the consent of the Secretary of State.

(5) The Department of Justice in Northern Ireland may by order amend Part 2 of Schedule 1.

Type of provision that may be made by orders

5

(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, Scotland or Northern Ireland include prohibitions, restrictions or requirements in relation to places other than England and Wales, Scotland 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;

(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 constable;a National Crime Agency officer who is for the time being designated under section 9 or 10 of the Crime and Courts Act 2013;an officer of Revenue and Customs; ora 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

Any individual must be 18 or over

6

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

Other exceptions

7

(1) A person may not be made the subject of a serious crime prevention order in England and Wales if the person falls within a description specified by order of the Secretary of State.

(1A) A person may not be made the subject of a serious crime prevention order in Scotland if the person falls within a description specified by order of the Scottish Ministers.

(2) A person may not be made the subject of a serious crime prevention order in Northern Ireland if the person falls within a description specified by order of the Department of Justice in Northern Ireland.

Limited class of applicants for making of orders

8

(1) 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .; ...

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

(iv) subject to subsection (2), a chief officer of police;

(aa) in the case of an order in Scotland —

(i) the Lord Advocate; or

(ii) subject to subsection (2), the chief officer of police;

(b) in the case of an order in Northern Ireland —

(i) the Director of Public Prosecutions for Northern Ireland; or

(ii) subject to subsection (2), the chief officer of police.

(2) A chief officer of police may make an application for a serious crime prevention order only if—

(a) it is an application for an order under section 1 that is terrorism-related (see section 8A);

(b) the chief officer has consulted—

(i) the Director of Public Prosecutions, in the case of an order in England and Wales;

(ii) the Lord Advocate, in the case of an order in Scotland; or

(iii) the Director for Public Prosecutions for Northern Ireland, in the case of an order in Northern Ireland; and

(c) in the case of an application by the chief constable of the Police Service of Scotland, it is made to the Court of Session (and not to the sheriff).

(3) In this section “chief officer of police”—

(a) in relation to England and Wales, means the chief officer of police of a police force in England and Wales;

(b) in relation to Scotland, means the chief constable of the Police Service of Scotland;

Right of third parties to make representations

9

(1) The High Courtor (in Scotland) the appropriate 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 Courtor (in Scotland) the appropriate 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—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.