(1) Section 44 does not apply to an offence under section 2(1) of the Suicide Act 1961 or section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (offence of encouraging or assisting suicide).

(2) Section 44 does not apply to an offence under section 184(1) of the Online Safety Act 2023 (offence of encouraging or assisting serious self-harm).

Suicide Act 1961 (c. 60)

27A

An offence under section 2(1) of the Suicide Act 1961 (encouraging or assisting suicide).

Criminal Justice Act (Northern Ireland) 1966 (c. 20)

42A

An offence under section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (encouraging or assisting suicide).

Cluster Munitions (Prohibitions) Act 2010 (c. 11)

24A

An offence under section 2(2) of the Cluster Munitions (Prohibitions) Act 2010 (assisting, encouraging or inducing another to engage in conduct mentioned in section 2(1) of that Act).

Appeals from Crown Court

Powers of management receivers and enforcement receivers

Civil recovery management receivers

Disclosure of information by Revenue and Customs

Incidents involving serious violence: powers to stop and search

Extension of investigatory powers of Revenue and Customs

No individual liability in respect of corporate manslaughter

5A

Section 21 of the Commissioners for Revenue and Customs Act 2005 (disclosure to prosecuting authority) has effect as if the purpose mentioned in subsection (1)(b) included the purpose of enabling the Director to exercise the Director’s functions under this Part.

Serious crime prevention orders

2A

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

(a) has committed a serious offence in Scotland;

(b) has facilitated the commission by another person of a serious offence in Scotland; 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 Scotland (whether or not such an offence was committed).

(2) In this Part “a serious offence in Scotland” means an offence under the law of Scotland 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 1A 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 Scotland is any one or more of the following—

(a) the commission of a serious offence in Scotland;

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

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

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

(a) has committed a serious offence in a country outside Scotland;

(b) has facilitated the commission by another person of a serious offence in a country outside Scotland; 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 Scotland (whether or not such an offence was committed).

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

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

(b) either—

(i) would be an offence which is specified, or falls within a description specified, in Part 1A of Schedule 1 if committed in or as regards Scotland; 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 3(1) in deciding for the purposes of section 1(1A)(a) whether a person has been involved in serious crime in England and Wales 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.

5A

(1) This section applies where information is provided to a law enforcement officer in response to an information requirement imposed by a serious crime prevention order.

“ Information requirement ” means a requirement of the kind referred to in section 5(5)(a) or (b).

(2) The law enforcement officer may, for the purpose of—

(a) checking the accuracy of the information, or

(b) discovering the true position,

disclose the information to any person who the officer reasonably believes may be able to contribute to doing either of those things.

(3) Any other person may disclose information to—

(a) the law enforcement officer, or

(b) a person to whom the law enforcement officer has disclosed information under subsection (2),

for the purpose of contributing to doing either of the things mentioned in subsection (2)(a) and (b).

(4) The law enforcement officer may also disclose the information referred to in subsection (1) for the purposes of—

(a) the prevention, detection, investigation or prosecution of criminal offences, whether in the United Kingdom or elsewhere, or

(b) the prevention, detection or investigation of conduct for which penalties other than criminal penalties are provided under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom.

(5) A disclosure under this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(6) But nothing in this section authorises a disclosure, in contravention of any provisions of the data protection legislation, of personal data which is not exempt from those provisions.

(7) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Any individual must be 18 or over

Extension of jurisdiction: Scotland

22A

(1) Subsection (2) applies where—

(a) the High Court of Justiciary (the “High Court”) is dealing with a person who—

(i) has been convicted by or before the High Court of having committed a serious offence in Scotland, or

(ii) has been convicted by or before the sheriff of having committed a serious offence in Scotland and by virtue of section 195 of the Criminal Procedure (Scotland) Act 1995 has been remitted by the sheriff to the High Court for sentencing; or

(b) the sheriff is dealing with a person who has been convicted by or before the sheriff of having committed a serious offence in Scotland.

(2) The High Court or (as the case may be) the sheriff may, in addition to dealing with the person in relation to the offence, make an order if the High Court or (as the case may be) the sheriff 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.

(3) The High Court or sheriff making an order by virtue of subsection (2) in the case of a person who is already the subject of a serious crime prevention order in Scotland must discharge the existing order.

(4) An order under this section may contain—

(a) such prohibitions, restrictions or requirements; and

(b) such other terms;

as the High Court or (as the case may be) the sheriff considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the person concerned in serious crime in Scotland.

(5) The powers of the High Court and the sheriff in respect of an order under this section are subject to sections 6 to 15 (safeguards).

(6) 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 absolutely.

(7) An order under this section is also called a serious crime prevention order.

22B

(1) Subsection (2) applies where—

(a) the High Court of Justiciary (the “High Court”) is dealing with a person who—

(i) has been convicted by or before the High Court of having committed a serious offence in Scotland, or

(ii) has been convicted by or before the sheriff of having committed a serious offence in Scotland and by virtue of section 195 of the Criminal Procedure (Scotland) Act 1995 has been remitted by the sheriff to the High Court for sentencing; or

(b) the sheriff is dealing with a person who has been convicted by or before the sheriff of having committed a serious offence in Scotland.

(2) The High Court or (as the case may be) the sheriff may—

(a) in the case of a person who is the subject of a serious crime prevention order in Scotland; and

(b) in addition to dealing with the person in relation to the offence,

vary the order if the High Court or (as the case may be) the sheriff 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 Scotland.

(3) A variation under this section may be made only on an application by the Lord Advocate.

(4) 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 absolutely.

(5) 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)).

22C

(1) Subsection (2) applies where—

(a) the High Court of Justiciary (the “High Court”) is dealing with a person who—

(i) has been convicted by or before the sheriff of having committed an offence under section 25 in relation to a serious crime prevention order and has been remitted to the High Court to be dealt with, or

(ii) has been convicted by or before the High Court of having committed an offence under section 25 in relation to a serious crime prevention order; or

(b) the sheriff is dealing with a person who has been convicted by or before the sheriff of having committed an offence under section 25 in relation to a serious crime prevention order.

(2) The High Court or (as the case may be) the sheriff may—

(a) in the case of an order in Scotland; and

(b) in addition to dealing with the person in relation to the offence;

vary or replace the order if the High Court or (as the case may be) the sheriff has reasonable grounds to believe that the terms of the order as varied, or the new order, would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Scotland.

(3) An order may be varied or replaced under this section only on an application by the Lord Advocate.

(4) A variation or new order 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 absolutely.

(5) 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)).

(6) A reference in this section to replacing a serious crime prevention order is to making a new serious crime prevention order and discharging the existing one.

22D

(1) A serious crime prevention order made under section 1(1A) or varied under section 17(1A) may be varied under section 22B(2) or 22C(2).

(2) The fact that a serious crime prevention order made under section 1(1A) or varied under section 17(1A) has been varied under section 22B(2) or 22C(2) does not prevent it from being varied or discharged by the appropriate court.

(3) A decision by the High Court of Justiciary or (as the case may be) the sheriff not to make an order under section 22A does not prevent a subsequent application to the appropriate court for an order under section 1(1A) in consequence of the same offence.

(4) Where a serious crime prevention order is made under section 1(1A) or varied under section 17(1A), a decision by the High Court of Justiciary or (as the case may be) the sheriff not to vary the order under section 22B(2) or 22C(2) does not prevent a subsequent application under section 17(1A) for a variation of the order in consequence of the same offence.

Powers to extend orders where person charged

22E

(1) This section applies where a person subject to a serious crime prevention order is charged with—

(a) a serious offence, or

(b) an offence under section 25 of failing to comply with the serious crime prevention order.

(2) The relevant applicant authority may make an application under this section to—

(a) the Crown Court in England and Wales, in the case of a serious crime prevention order in England and Wales;

(b) the High Court of Justiciary or the sheriff, in the case of a serious crime prevention order in Scotland;

(3) On an application under this section, the court or sheriff may vary the serious crime prevention order so that it continues in effect until one of the events listed in subsection (4) occurs (if the order would otherwise cease to have effect before then).

(4) The events are—

(a) following the person's conviction of the offence mentioned in subsection (1)—

(i) the order is varied under section 20 or 21, or under section 22B or 22C, by reference to the offence,

(ii) a new serious crime prevention order is made under section 19 or 21, or under section 22A or 22C, by reference to the offence, or

(iii) the court or sheriff deals with the person for the offence without varying the order or making a new one;

(b) the person is acquitted of the offence;

(d) in the case of a serious crime prevention order in England and Wales or Northern Ireland—

(i) proceedings in respect of the charge are discontinued, or

(ii) an order is made for the charge to lie on the file;

(e) in the case of a serious crime prevention order in Scotland—

(i) proceedings against the person are deserted simpliciter ,

(ii) proceedings against the person are deserted pro loco et tempore and no trial diet is appointed,

(iii) the indictment or complaint relating to the person falls or for any other reason does not proceed to trial, or

(iv) the diet not having been continued, adjourned or postponed, no further proceedings are in contemplation in relation to the person.

(5) An order may be made under this section only if—

(a) the serious crime prevention order is still in force, and

(b) the court or sheriff has reasonable grounds for believing that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime.

(6) In subsection (5)(b) “ serious crime ” means—

(a) serious crime in England and Wales, in the case of a serious crime prevention order in England and Wales;

(b) serious crime in Scotland, in the case of a serious crime prevention order in Scotland;

24A

(1) An appeal may be made to the Inner House of the Court of Session in relation to a decision of the Outer House of the Court of Session—

(a) to make a serious crime prevention order;

(b) to vary, or not to vary, such an order; or

by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(1), (2) or (as the case may be) (3).

(2) Subsection (1) is without prejudice to the rights of the person who is the subject of the order and the Lord Advocate to make appeals, under section 28 of the Court of Session Act 1988, in relation to any judgments or orders of the Outer House of the Court of Session about serious crime prevention orders.

24B

(1) The following are to be taken to be a sentence for the purpose of an appeal—

(a) a serious crime prevention order made under section 22A;

(b) the variation under section 22B or 22C of an order made under section 22A;

(2) If the Lord Advocate considers that a decision of the High Court of Justiciary or the sheriff under section 22A not to make a serious crime prevention order was inappropriate, the Lord Advocate may appeal against the decision.

(3) In addition, an appeal may be made in relation to a decision of the High Court of Justiciary or the sheriff—

(a) to make a serious crime prevention order under section 22A; or

(b) to vary, or not to vary, such an order under section 22B or 22C;

by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(4A).

27A

(1) The Scottish Ministers may present a petition to the court for the winding up of a company or relevant body, or the dissolution of a partnership, if—

(a) the company, relevant body or partnership has been convicted of an offence under section 25 in relation to a serious crime prevention order; and

(b) the Scottish Ministers consider that it would be in the public interest for the company or (as the case may be) relevant body to be wound up or the partnership to be dissolved.

(1A) The chief constable of the Police Service of Scotland may present a petition to the court for the winding up of a company or relevant body, or the dissolution of a partnership, if—

(a) the company, relevant body or partnership has been convicted of an offence under section 25 in relation to a serious crime prevention order that was made on the application of the chief constable; and

(b) the chief constable considers that it would be in the public interest for the company or (as the case may be) relevant body to be wound up or the partnership to be dissolved.

(2) The Insolvency Act 1986 applies in relation to—

(a) a petition under this section for the winding up of a company; and

(b) the company's winding up;

as it applies in relation to a petition under section 124A of the Act of 1986 for the winding up of a company and the company's winding up (winding up on grounds of public interest) but subject to the modifications in subsections (3) and (4).

(3) Section 124(4)(b) of the Act of 1986 (application for winding up) applies in relation to a petition under this section as if it permits the petition to be presented by the Scottish Ministers or the chief constable of the Police Service of Scotland.

(4) The court may make an order under section 125 of the Act of 1986 (powers of court on hearing of petition) to wind up the company only if—

(a) the company has been convicted of an offence under section 25 in relation to a serious crime prevention order; and

(b) the court considers that it is just and equitable for the company to be wound up.

(5) Where a petition is made to the court under this section for the dissolution of a partnership, the court may make an order to dissolve the partnership only if—

(a) the partnership has been convicted of an offence under section 25 in relation to a serious crime prevention order; and

(b) the court considers that it is just and equitable for the partnership to be dissolved.

(6) Where the court makes an order to dissolve a partnership under this section, the Partnership Act 1890 applies in respect of the dissolution as if it were a dissolution under section 35 of that Act.

(7) The appropriate Minister may by order provide for the Act of 1986 to apply, with such modifications as that person considers appropriate, in relation to a petition under this section for the winding up of a relevant body and the relevant body's winding up.

(8) An order made by virtue of subsection (7) must ensure that the court may make an order to wind up the relevant body only if—

(a) the relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and

(b) the court considers that it is just and equitable for the relevant body to be wound up.

(9) No petition may be presented, or order to wind up or dissolve made, by virtue of this section if—

(a) an appeal against conviction for the offence concerned has been made and not finally determined; or

(b) the period during which such an appeal may be made has not expired.

(10) No petition may be presented, or order to wind up or dissolve made, by virtue of this section if—

(a) the company or relevant body is already being wound up by the court, or

(b) the partnership is already being dissolved by the court.

(11) In deciding for the purposes of subsection (9) whether an appeal is finally determined or whether the period during which an appeal may be made has expired, any power to appeal out of time is to be ignored.

(12) In this section—

“appropriate Minister” means—in relation to a relevant body falling within paragraphs (a) to (c) of the definition of “relevant body” below, the Treasury; andin relation to any other relevant body, the Scottish Ministers;

“company” means—a company registered under the Companies Act 2006 in Scotland, oran unregistered company within the meaning of Part 5 of the Insolvency Act 1986 (see section 220 of that Act),but does not include a relevant body;

“the court”, in relation to a company, means a court in Scotland having jurisdiction to wind up the company;

“partnership” does not include a relevant body; and

“relevant body” means—a building society (within the meaning of the Building Societies Act 1986);an incorporated friendly society (within the meaning of the Friendly Societies Act 1992);a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014;a limited liability partnership; orsuch other description of person as may be specified by order made by the Scottish Ministers;

and the references to sections 124 to 125 of the Insolvency Act 1986 include references to those sections as applied by section 221(1) of that Act (unregistered companies).

Abolition of Assets Recovery Agency and redistribution of functions etc.

Use of search warrants etc. for detained cash investigations

36A

(1) Proceedings before the High Court of Justiciary (the “High Court”) or the sheriff arising by virtue of section 22A, 22B, 22C or 22E are civil proceedings.

(2) One consequence of this is that the standard of proof to be applied by the High Court or (as the case may be) the sheriff in such proceedings is the civil standard of proof.

(3) Two other consequences of this are that the High Court or (as the case may be) the sheriff—

(a) is not restricted to considering evidence that would have been admissible in the criminal proceedings in which the person concerned was convicted; and

(b) may adjourn any proceedings in relation to a serious crime prevention order even after sentencing the person concerned.

(4) Despite subsection (1), an Act of Adjournal under section 305 of the Criminal Procedure (Scotland) Act 1995 (Acts of Adjournal) may be made in relation to proceedings before the High Court or the sheriff arising by virtue of section 22A, 22B, 22C or 22E.

(5) A serious crime prevention order may be made as mentioned in section 22A(6)(b) in spite of anything in sections 246 and 247 of the Criminal Procedure (Scotland) Act 1995 (which relate to orders discharging a person absolutely and their effect).

(6) A variation of a serious crime prevention order may be made as mentioned in section 22B(4)(b), or (as the case may be) a variation of or a new serious crime prevention order may be made as mentioned in section 22C(4)(b), in spite of anything in sections 246 and 247 of the Criminal Procedure (Scotland) Act 1995.

Use of search warrants etc. for detained cash investigations

Further provision about detained cash investigations

Disclosure of information to prevent fraud

Supplementary provision in relation to new powers

Data matching

Use of search warrants etc. for detained cash investigations

Further provision about detained cash investigations

Powers for prosecutors to appear in cash recovery proceedings

Orders and regulations

Orders

Powers for prosecutors to appear in cash recovery proceedings

Incidents involving serious violence: powers to stop and search

Extension of investigatory powers of Revenue and Customs

Orders

1ZA

An offence under any of the following provisions of the Psychoactive Substances Act 2016—

(a) section 4 (producing a psychoactive substance);

(b) section 5 (supplying, or offering to supply, a psychoactive substance);

(d) section 8 (importing or exporting a psychoactive substance).

Slavery etc

1A

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