Legalize / United Kingdom / Public General Act

Serious Crime Act 2015

Type Public General Act

Publication 2015-03-03

Last updated 2023-02-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(6A) The duty in subsection (6) to discharge a restraint order on the conclusion of proceedings does not apply where— (a) the proceedings are concluded by reason of a defendant's conviction for an offence being quashed, (b) the order is in force at the time when the conviction is quashed, and (c) the Court of Appeal has ordered the defendant to be retried for the offence or the prosecutor has applied for such an order to be made. (6B) But the court must discharge the restraint order— (a) if the Court of Appeal declines to make an order for the defendant to be retried, (b) if the Court of Appeal orders the defendant to be retried but proceedings for the retrial are not started within a reasonable time, or (c) otherwise, on the conclusion of proceedings for the retrial of the defendant.

Conditions for exercise of search and seizure powers

35

(1) In section 195B of the Proceeds of Crime Act 2002 (conditions for exercise of powers), in subsection (2)(d), for “is reasonable cause to believe” substitute “ are reasonable grounds to suspect ”.

(2) In section 195G of that Act (“appropriate approval”), before paragraph (b) of subsection (3) insert—

(ab) in relation to the exercise of a power by a National Crime Agency officer, the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose,

Seized money etc

36

(1) In section 215 of the Proceeds of Crime Act 2002 (seized money), for subsections (4) and (5) substitute—

(5) If— (a) a confiscation order is made against a person holding money to which this section applies, and (b) a receiver has not been appointed under section 198 in relation to the money, a magistrates' court may order the bank or building society to pay the money to the appropriate chief clerk on account of the amount payable under the confiscation order.

(2) After subsection (5) of that section insert—

(5A) A person applying for an order under subsection (5) must give notice of the application to the bank or building society with which the account is held. (5B) In the case of money held in an account not maintained by the person against whom the confiscation order is made, a magistrates' court— (a) may make an order under subsection (5) only if the extent of the person's interest in the money has been determined under section 160A, and (b) must have regard to that determination in deciding what is the appropriate order to make.

(3) After subsection (7) of that section insert—

(7A) The Department of Justice in Northern Ireland may by order amend this section so that it applies not only to money held in an account maintained with a bank or building society but also to— (a) money held in an account maintained with a financial institution of a specified kind, or (b) money that is represented by, or may be obtained from, a financial instrument or product of a specified kind. (7B) An order under subsection (7A) may amend this section so that it makes provision about realising an instrument or product within subsection (7A)(b) or otherwise obtaining money from it.

(4) In section 215A of that Act (seized personal property), for subsections (2) and (3) substitute—

(3) If— (a) a confiscation order is made against the person by whom the property is held, and (b) a receiver has not been appointed under section 198 in relation to the property, a magistrates' court may by order authorise an appropriate officer to realise the property.

(5) In section 459(7B) of that Act (orders subject to affirmative resolution procedure), before “223(7) or (8)” insert “ 215(7A), ”.

CHAPTER 4 — Disclosures, investigations, co-operation and enforcement

Exemption from civil liability for money-laundering disclosures

37

In section 338 of the Proceeds of Crime Act 2002 (money laundering: authorised disclosures), after subsection (4) insert—

(4A) Where an authorised disclosure is made in good faith, no civil liability arises in respect of the disclosure on the part of the person by or on whose behalf it is made.

Confiscation investigations

38

(1) In section 341 of the Proceeds of Crime Act 2002, at the end of subsection (1) insert

, or (c) the extent or whereabouts of realisable property available for satisfying a confiscation order made in respect of him.

(2) In section 353 of that Act (requirements where production order not available), in subsection (6)(a), after “of his benefit from his criminal conduct” insert “ or of realisable property available for satisfying a confiscation order made in respect of him ”.

(3) In section 388 of that Act (requirements where production order not available), in subsection (6)(a), after “of his benefit from his criminal conduct” insert “ or of realisable property available for satisfying a confiscation order made in respect of him ”.

External orders and investigations: meaning of “obtaining property”

39

In section 447 of the Proceeds of Crime Act 2002 (interpretation of Part 11 (co-operation)), after subsection (6) insert—

(6A) A person who obtains a pecuniary advantage as a result of or in connection with conduct is to be taken to obtain, as a result of or in connection with the conduct, a sum of money equal to the value of the pecuniary advantage. (6B) References to property or a pecuniary advantage obtained in connection with conduct include references to property or a pecuniary advantage obtained both in that connection and some other.

Confiscation orders by magistrates’ courts

40

(1) The Serious Organised Crime and Police Act 2005 is amended as follows.

(2) In section 97 (confiscation orders by magistrates' courts), after subsection (1) insert—

(1ZA) But an order under subsection (1) may not enable such a confiscation order to be made by any magistrates' court in respect of an amount exceeding £10,000. (1ZB) The Secretary of State may by order amend subsection (1ZA) so as to substitute a different amount.

(3) In subsection (2) of that section omit “(1) or”.

(4) After that subsection insert—

(2A) The Department of Justice may by order amend subsection (2) so as to substitute a different amount.

(5) In section 172 (orders etc)—

(a) in subsection (5) (orders made by Secretary of State that are subject to affirmative resolution procedure), in paragraph (i), after “section 97(1)” insert “ or (1ZB) ”;

(b) in subsection (13) (orders made by Department of Justice in Northern Ireland that are subject to affirmative resolution procedure), in paragraph (d), after “section 97(1A)” insert “ or (2A) ”.

PART 2 — Computer misuse

Unauthorised acts causing, or creating risk of, serious damage

41

(1) The Computer Misuse Act 1990 is amended as follows.

(2) After section 3 insert—

(3ZA) (1) A person is guilty of an offence if— (a) the person does any unauthorised act in relation to a computer; (b) at the time of doing the act the person knows that it is unauthorised; (c) the act causes, or creates a significant risk of, serious damage of a material kind; and (d) the person intends by doing the act to cause serious damage of a material kind or is reckless as to whether such damage is caused. (2) Damage is of a “material kind” for the purposes of this section if it is— (a) damage to human welfare in any place; (b) damage to the environment of any place; (c) damage to the economy of any country; or (d) damage to the national security of any country. (3) For the purposes of subsection (2)(a) an act causes damage to human welfare only if it causes— (a) loss to human life; (b) human illness or injury; (c) disruption of a supply of money, food, water, energy or fuel; (d) disruption of a system of communication; (e) disruption of facilities for transport; or (f) disruption of services relating to health. (4) It is immaterial for the purposes of subsection (2) whether or not an act causing damage— (a) does so directly; (b) is the only or main cause of the damage. (5) In this section— (a) a reference to doing an act includes a reference to causing an act to be done; (b) “act” includes a series of acts; (c) a reference to a country includes a reference to a territory, and to any place in, or part or region of, a country or territory. (6) A person guilty of an offence under this section is (unless subsection (7) applies) liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years, or to a fine, or to both. (7) Where an offence under this section is committed as a result of an act causing or creating a significant risk of— (a) serious damage to human welfare of the kind mentioned in subsection (3)(a) or (3)(b), or (b) serious damage to national security, a person guilty of the offence is liable, on conviction on indictment, to imprisonment for life, or to a fine, or to both.

(3) In section 3A (making, supplying or obtaining articles for use in offences under section 1 or 3), in subsections (1), (2) and (3), for “section 1 or 3” substitute “ section 1, 3 or 3ZA ”.

Obtaining articles for purposes relating to computer misuse

42

In section 3A of the Computer Misuse Act 1990 (making, supplying or obtaining articles for use in offence under section 1 or 3), in subsection (3), for “article with a view to” substitute

article— (a) intending to use it to commit, or to assist in the commission of, an offence under section 1, 3 or 3ZA, or (b) with a view to

Territorial scope of computer misuse offence

43

(1) The Computer Misuse Act 1990 is amended as follows.

(2) In section 4 (territorial scope of offences), in subsection (1), for “section 1 or 3” substitute “ section 1, 3 or 3ZA ”.

(3) After subsection (4) of that section insert—

(4A) It is immaterial for the purposes of an offence under section 3A whether the accused was in the home country concerned at the time of any act or other event proof of which is required for conviction of the offence if there is a significant link with domestic jurisdiction in relation to the offence.

(4) In section 5 (significant links with domestic jurisdiction), after subsection (1) insert—

(1A) In relation to an offence under section 1, 3, 3ZA or 3A, where the accused was in a country outside the United Kingdom at the time of the act constituting the offence there is a significant link with domestic jurisdiction if— (a) the accused was a United Kingdom national at that time; and (b) the act constituted an offence under the law of the country in which it occurred. (1B) In subsection (1A)— - “country” includes territory; - “United Kingdom national” means an individual who is— 1. a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen; 2. a person who under the British Nationality Act 1981 is a British subject; or 3. a British protected person within the meaning of that Act.

(5) After subsection (3) of that section insert—

(3A) In relation to an offence under section 3ZA, any of the following is also a significant link with domestic jurisdiction— (a) that the accused was in the home country concerned at the time when he did the unauthorised act (or caused it to be done); (b) that the unauthorised act was done in relation to a computer in the home country concerned; (c) that the unauthorised act caused, or created a significant risk of, serious damage of a material kind (within the meaning of that section) in the home country concerned.

(6) In section 13 (proceedings in Scotland), after subsection (2) insert—

(2A) A sheriff shall have jurisdiction in respect of an offence under section 3ZA above if— (a) the accused was in the sheriffdom at the time when he did the unauthorised act (or caused it to be done), or (b) the computer in relation to which the unauthorised act was done was in the sheriffdom at that time. (2B) A sheriff shall have jurisdiction in respect of an offence under section 3A above if— (a) the accused was in the sheriffdom at the time when— (i) he made, adapted, supplied or offered to supply the article intending it to be used as mentioned in subsection (1) of that section, (ii) he supplied or offered to supply the article believing that it would be used as mentioned in subsection (2) of that section, or (iii) he obtained the article intending to use it, or with a view to its being supplied for use, as mentioned in subsection (3) of that section; or (b) the offence related to the commission of an offence under section 1, 3 or 3ZA above (in the way described in subsections (1) to (3) of section 3A above) and any computer as mentioned in subsection (1)(b), (2)(b) or (2A)(b) of this section was in the sheriffdom at the time the accused carried out the act constituting the offence under section 3A above.

(7) After subsection (10) of that section insert—

(10A) Where an offence under section 1, 3, 3ZA or 3A above is committed outside Scotland, the person committing the offence may be prosecuted, tried and punished for the offence— (a) in any sheriff court district in Scotland in which the person is apprehended or is in custody, or (b) in such sheriff court district as the Lord Advocate may direct, as if the offence had been committed in that district; and the offence is, for all purposes incidental to or consequential on the trial or punishment, deemed to have been committed in that district.

Savings

44

(1) The Computer Misuse Act 1990 is amended as follows.

(2) In section 10 (saving for certain law enforcement powers)—

(a) for “Section 1(1) above has” substitute “ Sections 1 to 3A have ”;

(b) in paragraph (a), after “seizure” insert “ or of any other enactment by virtue of which the conduct in question is authorised or required ”;

(c) in paragraph (b), after “seizure” insert “ or of any other enactment or rule of law by virtue of which the conduct in question is authorised or required ”;

(d) for “the said section 1(1)” substitute “ any of those sections ”;

(e) for “In this section “enforcement officer” means” substitute—

In this section— - “enactment” means any enactment, whenever passed or made, contained in— 1. an Act of Parliament; 2. an Act of the Scottish Parliament; 3. a Measure or Act of the National Assembly for Wales; 4. an instrument made under any such Act or Measure; 5. any other subordinate legislation (within the meaning of the Interpretation Act 1978); - “enforcement officer” means

(3) In section 16 (application to Northern Ireland), after subsection (9) insert—

(9A) In section 10 the definition of “enactment” shall be read as including a reference to an enactment, whenever passed or made, contained in Northern Ireland legislation or in an instrument made under such legislation.

Organised crime groups

Offence of participating in activities of organised crime group

45

(1) A person who participates in the criminal activities of an organised crime group commits an offence.

(2) For this purpose, a person participates in the criminal activities of an organised crime group if the person takes part in any activities that the person knows or reasonably suspects—

(a) are criminal activities of an organised crime group, or

(b) will help an organised crime group to carry on criminal activities.

(3) “Criminal activities” are activities within subsection (4) or (5) that are carried on with a view to obtaining (directly or indirectly) any gain or benefit.

(4) Activities are within this subsection if—

(a) they are carried on in England or Wales, and

(b) they constitute an offence in England and Wales punishable on conviction on indictment with imprisonment for a term of 7 years or more.

(5) Activities are within this subsection if—

(a) they are carried on outside England and Wales,

(b) they constitute an offence under the law in force of the country where they are carried on, and

(c) they would constitute an offence in England and Wales of the kind mentioned in subsection (4)(b) if the activities were carried on in England and Wales.

(6) “Organised crime group” means a group that—

(a) has as its purpose, or as one of its purposes, the carrying on of criminal activities, and

(b) consists of three or more persons who act, or agree to act, together to further that purpose.

(7) For a person to be guilty of an offence under this section it is not necessary—

(a) for the person to know any of the persons who are members of the organised crime group,

(b) for all of the acts or omissions comprising participation in the group's criminal activities to take place in England and Wales (so long as at least one of them does), or

(8) It is a defence for a person charged with an offence under this section to prove that the person's participation was necessary for a purpose related to the prevention or detection of crime.

(9) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 5 years.

Serious crime prevention orders

Extension of Part 1 of Serious Crime Act 2007 to Scotland

46

Schedule 1 (amendments of Serious Crime Act 2007: Scotland) has effect.

Serious crime prevention orders: meaning of “serious offence”

47

(1) Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences in England and Wales) is amended as set out in subsections (2) to (4).

(2) In paragraph 1 (drug trafficking), after paragraph (b) of sub-paragraph (1) insert—

(ba) section 6 (restriction of cultivation of cannabis plant);

(3) For paragraph 3 substitute—

(3) (1) An offence under any of the following provisions of the Firearms Act 1968— (a) section 1(1) (possession etc of firearms or ammunition without certificate); (b) section 2(1) (possession etc of shot gun without certificate); (c) section 3(1) (dealing etc in firearms or ammunition by way of trade or business without being registered); (d) section 5(1), (1A) or (2A) (possession, manufacture etc of prohibited weapons). (2) An offence under either of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a firearm or ammunition— (a) section 68(2) (exportation of prohibited or restricted goods); (b) section 170 (fraudulent evasion of duty etc). (3) In sub-paragraph (2) “firearm” and “ammunition” have the same meanings as in section 57 of the Firearms Act 1968.

(4) After paragraph 11 insert—

(11A) An offence under any of the following provisions of the Computer Misuse Act 1990— (a) section 1 (unauthorised access to computer material); (b) section 2 (unauthorised access with intent to commit or facilitate commission of further offences); (c) section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer etc); (d) section 3ZA (unauthorised acts causing, or creating risk of, serious damage to human welfare etc); (e) section 3A (making, supplying or obtaining articles for use in offence under section 1, 3 or 3ZA).

(5) Part 2 of that Schedule (serious offences in Northern Ireland) is amended as set out in subsections (6) to (8).

(6) In paragraph 17 (drug trafficking), after paragraph (b) of sub-paragraph (1) insert—

(ba) section 6 (restriction of cultivation of cannabis plant);

(7) In paragraph 19 (arms trafficking), for sub-paragraph (2) substitute—

(2) An offence under any of the following provisions of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3))— (a) Article 3 (possession etc of firearms or ammunition without certificate); (b) Article 24 (dealing etc in firearms or ammunition by way of trade or business without being registered); (c) Article 45 (possession, manufacture etc of prohibited weapons).

(8) After paragraph 27 insert—

(27A) An offence under any of the following provisions of the Computer Misuse Act 1990— (a) section 1 (unauthorised access to computer material); (b) section 2 (unauthorised access with intent to commit or facilitate commission of further offences); (c) section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer etc); (d) section 3ZA (unauthorised acts causing, or creating risk of, serious damage to human welfare etc); (e) section 3A (making, supplying or obtaining articles for use in offence under section 1, 3 or 3ZA).

Powers of Crown Court to replace orders on breach

48

(1) Section 21 of the Serious Crime Act 2007 (powers of Crown Court to vary orders on breach) is amended as follows.

(2) In subsection (2)—

(a) after “vary” insert “ or replace ”;

(b) after “the order as varied” insert “ , or the new order, ”.

(3) In subsection (4)—

(a) after “vary” insert “ or replace ”;

(b) after “the order as varied” insert “ , or the new order, ”.

(4) In subsection (5), for “A variation under this section may be made” substitute “ An order may be varied or replaced under this section ”.

(5) In subsection (6), after “variation” insert “ or new order ”.

(6) After subsection (7) insert—

(8) 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.

Extension of order where person charged

49

After section 22D of the Serious Crime Act 2007 (inserted by paragraph 17 of Schedule 1) insert—

(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; (c) the Crown Court in Northern Ireland, in the case of a serious crime prevention order in Northern Ireland. (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; (c) the charge is withdrawn; (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; (c) serious crime in Northern Ireland, in the case of a serious crime prevention order in Northern Ireland.

Serious crime prevention orders and financial reporting etc

50

(1) In Chapter 3 of Part 2 of the Serious Organised Crime and Police Act 2005 (financial reporting orders)—

(a) omit section 76 (making financial reporting orders in England and Wales);

(b) omit section 77 (making financial reporting orders in Scotland);

(2) In Part 1 of the Serious Crime Act 2007 (serious crime prevention orders), after section 5 insert—

(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 Act 1998, of personal data which are not exempt from those provisions.

Gang injunctions

51

In Part 4 of the Policing and Crime Act 2009 (injunctions: gang-related violence), for section 34 substitute—

(34) (1) A court may grant an injunction under this section against a respondent aged 14 or over if the first and second conditions are met. (2) The first condition is that the court is satisfied on the balance of probabilities that the respondent has engaged in or has encouraged or assisted— (a) gang-related violence, or (b) gang-related drug-dealing activity. (3) The second condition is that the court thinks it is necessary to grant the injunction for either or both of the following purposes— (a) to prevent the respondent from engaging in, or encouraging or assisting, gang-related violence or gang-related drug-dealing activity; (b) to protect the respondent from gang-related violence or gang-related drug-dealing activity. (4) An injunction under this section may (for either or both of those purposes)— (a) prohibit the respondent from doing anything described in the injunction; (b) require the respondent to do anything described in the injunction. (5) For the purposes of this section, something is “gang-related” if it occurs in the course of, or is otherwise related to, the activities of a group that— (a) consists of at least three people, and (b) has one or more characteristics that enable its members to be identified by others as a group. (6) In this section “violence” includes a threat of violence. (7) In this Part “drug-dealing activity” means the unlawful production, supply, importation or exportation of a controlled drug. “Production”, “supply” and “controlled drug” here have the meanings given by section 37(1) of the Misuse of Drugs Act 1971.

PART 4 — Seizure and forfeiture of drug-cutting agents

Warrants

Applications for search and seizure warrants

52

(1) A justice of the peace may issue a warrant (a “search and seizure warrant”) authorising a police or customs officer—

(a) to enter premises, and

(b) to search them for substances that appear to be intended for use as drug-cutting agents,

if the justice is satisfied that there are reasonable grounds to suspect that a substance intended for such use is on the premises.

(2) In this Part “police or customs officer” means—

(a) a constable,

(b) a National Crime Agency officer, or

(c) a person designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009.

(3) A search and seizure warrant may be either—

(a) a warrant that relates to any premises occupied or controlled by a person specified in the warrant (an “all-premises warrant”), or

(b) a warrant that relates only to premises specified in the warrant (a “specific-premises warrant”).

(4) A search and seizure warrant may be issued only on the application of a police or customs officer.

(5) The application may be made without notice being given to persons who might be affected by the warrant.

(6) The application must be supported—

(a) in England and Wales, by an information in writing;

(b) in Scotland, by evidence on oath;

(7) The police or customs officer must answer on oath any question that the justice of the peace hearing the application asks him or her.

(8) A police or customs officer applying for a search and seizure warrant must—

(a) state that the application is made under this section;

(b) specify the premises or (as the case may be) each set of premises that it is desired to enter and search;

(c) state what are the grounds for suspecting that a substance intended for use as a drug-cutting agent is on the premises;

(d) identify, so far as is possible, the substance or substances to be sought.

(9) If the police or customs officer is applying for a search and seizure warrant authorising entry and search on more than one occasion, the officer must also state—

(a) the ground on which the officer applies for such a warrant;

(b) whether the officer seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired.

(10) If the police or customs officer is applying for an all-premises warrant, the officer must also specify—

(a) as many of the sets of premises that it is desired to enter and search as it is reasonably practicable to specify;

(b) the person who is in occupation or control of those premises and any others that it is desired to enter and search;

(d) why it is not reasonably practicable to specify all the premises that it is desired to enter and search.

Further provisions about search and seizure warrants

53

(1) A search and seizure warrant authorises entry on one occasion only, unless it specifies that it authorises multiple entries.

If it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum.

(2) A search and seizure warrant must—

(a) specify the name of the person who applies for it;

(b) specify the date on which it is issued;

(d) specify each set of premises to be searched, or (in the case of an all-premises warrant) the person who is in occupation or control of premises to be searched, together with any premises to be searched that are under the person's occupation and can be specified;

(e) identify, so far as is possible, the substance or substances to be sought.

(3) Two copies must be made of a search and seizure warrant that specifies only one set of premises and does not authorise multiple entries.

(4) As many copies as are reasonably required may be made of any other kind of warrant.

(5) The copies must be clearly certified as copies.

Execution of search and seizure warrants

54

(1) Schedule 2 (execution of search and seizure warrants) has effect.

(2) An entry on or search of premises under a search and seizure warrant is unlawful unless it complies with that Schedule.

(3) A police or customs officer may use reasonable force, if necessary, for the purpose of entering premises under a search and seizure warrant.

(4) An offence is committed by a person who without reasonable excuse obstructs a police or customs officer executing or seeking to execute a search and seizure warrant.

(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Seizure

Seizure of substances under search and seizure warrant

55

A police or customs officer searching premises under a search and seizure warrant may seize any substance on the premises that the officer has reasonable grounds to suspect is intended for use as a drug-cutting agent.

Seizure of substances without search and seizure warrant

56

If a police or customs officer—

(a) is lawfully on premises that are not subject to a search and seizure warrant, and

(b) finds a substance there that the officer has reasonable grounds to suspect is intended for use as a drug-cutting agent,

the officer may seize the substance.

Notice to be given where substances seized

57

(1) An officer who has seized a substance under section 55 or 56 must make reasonable efforts to give written notice—

(a) to the person from whom the substance was seized, and

(b) if the officer thinks that the substance may belong to a different person, to that person.

(2) A notice under subsection (1) must explain the effect of sections 59, 60, 61 and 63.

Containers

58

(1) An officer who seizes a substance under section 55 or 56 may also seize any container holding the substance.

(2) If a container is seized under this section, reasonable efforts must be made to return it to—

(a) the person from whom it was seized, or

(b) (if different) a person to whom it belongs.

(3) Subsection (2) does not apply—

(a) if the container appears to be of negligible value,

(b) if it is not practicable for the container to be returned, or

Retention of seized substances

Initial retention of seized substances

59

(1) Where—

(a) a substance has been seized under section 55 or 56, and

(b) there continue to be reasonable grounds to suspect that the substance was intended for use as a drug-cutting agent,

it may be retained until the end of the 30th day after the date of seizure.

(2) Where—

(a) a substance has been seized under another enactment and is lawfully in the possession of a police or customs officer,

(b) the period during which the substance may lawfully be retained under that enactment expires, and

it may be retained until the end of the 30th day after the period referred to in paragraph (b).

Continued retention or return of seized substances

60

(1) On an application made by a police or customs officer, a magistrates' court or a justice of the peace may make an order extending the period for which a substance may be retained under section 59 if satisfied that—

(a) the condition in subsection (2) is met, or

(b) the condition in subsection (4) is met.

(2) The condition in this subsection is that the continued retention of the substance is justified—

(a) while its intended use is further investigated, or

(b) while consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the substance is connected.

(3) If the condition in subsection (2) is met, an order under this section may authorise the retention of the substance for a specified period ending no later than the 60th day after—

(a) the date of seizure, in the case of a substance seized under section 55 or 56, or

(b) the end of the period referred to in section 59(2)(b), in any other case.

(4) The condition in this subsection is that proceedings against any person for an offence with which the substance is connected have been started but have not been concluded.

(5) If the condition in subsection (4) is met, an order under this section may authorise the retention of the substance until the proceedings are concluded.

(6) If on the hearing of an application under this section the court or justice is not satisfied that the condition in subsection (2) or (4) is met, the court or justice must order the substance to be returned to a person entitled to it.

(7) Where—

(a) an order is made under this section extending the period for which the substance may be retained, and

(b) no person entitled to the substance was present or represented at the hearing,

a police or customs officer must make reasonable efforts to give written notice to the person from whom the substance was seized and, if the officer thinks that the substance may belong to a different person, to that person.

(8) A notice under subsection (7) must explain—

(a) the effect of the court's order, and

(b) the effect of section 63.

(9) For the purposes of this Part, proceedings against a person for an offence are concluded when—

(a) the person is convicted or acquitted of the offence and either—

(i) the time allowed for making an appeal, or applying for permission to do so, has expired, or

(ii) if an appeal is made, the appeal is determined or otherwise dealt with;

(b) the charge is withdrawn;

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

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

(d) 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.

Paragraph (a) applies, where an appeal is made, with references to an appeal being read as references to any further appeal.

Forfeiture etc or return of seized substances

Forfeiture and disposal, or return, of seized substances

61

(1) A police or customs officer may apply to a magistrates' court for the forfeiture of a substance retained under section 59.

(2) Where an application for the forfeiture of a substance is made under this section, the substance is to be retained while proceedings on the application are in progress.

(3) The court must order the forfeiture of the substance if satisfied that it was intended for use as a drug-cutting agent.

(4) A substance ordered to be forfeited may be disposed of in whatever way the officer who applied for the order thinks is suitable.

(5) A substance must not be disposed of under subsection (4)—

(a) before the end of the period within which an appeal under section 62 may be made, or

(b) if an appeal is made, before it is determined or otherwise dealt with.

(6) The court must order the substance to be returned to a person entitled to it if not satisfied that the substance was intended for use as a drug-cutting agent.

(7) If an order is made under subsection (6), the substance may nevertheless be retained—

(a) until the end of the period within which an appeal under section 62 may be made against the order, or

(b) if an appeal is made, until the time when it is determined or otherwise dealt with.

But if it is decided before the end of the period mentioned in paragraph (a) that there is to be no appeal, the substance must be returned as soon as possible after that decision is made.

Appeal against decision under section 61

62

(1) A party to proceedings for an order under section 61, or a person entitled to the substance in question (if not a party to those proceedings), may appeal against an order under that section.

(2) Where—

(a) a police or customs officer brings an appeal under this section, and

(b) no person entitled to the substance in question was a party to the original proceedings,

the officer must make reasonable efforts to give notice of the appeal to the person from whom the substance was seized and, if the officer thinks that the substance may belong to a different person, to that person.

(3) An appeal under this section is to—

(a) the Crown Court, in England and Wales;

(b) the Sheriff Appeal Court, in Scotland;

(4) An appeal under this section must be made before the end of the period of 30 days starting with the date of the order appealed against.

(5) Subject to subsections (6) and (7), the court hearing the appeal may make any order the court thinks appropriate.

(6) If an appeal against an order for the return of the substance is allowed—

(a) the court must order the substance to be forfeited, and

(b) subsections (4) and (5) of section 61 apply with the necessary adaptations.

(7) If an appeal against an order forfeiting the substance is allowed—

(a) the court must order the substance to be returned to a person entitled to it, and

(b) subsection (7) of section 61 applies with the necessary adaptations.

Return of substance to person entitled to it, or disposal if return impracticable

63

(1) Where the retention of a substance has been, but is no longer, authorised under this Part—

(a) the substance must (subject to subsection (4)) be returned to a person entitled to it;

(b) a magistrates' court must, if asked to do so by a person entitled to the substance, order it to be returned to that person.

(2) A person who claims to be entitled to a substance retained under this Part may apply to a magistrates' court for an order under subsection (1)(b) or section 60(6) or 61(6) (as appropriate).

(3) Where—

(a) a court makes an order under this Part requiring a substance to be returned to a particular person, and

(b) reasonable efforts have been made, without success, to find that person, or it is for some other reason impracticable to return the substance to that person,

the order has effect as if it required the substance to be returned to any person entitled to it.

(4) Where—

(a) a substance is required by a provision of this Part, or an order made under this Part, to be returned to a person entitled to it, and

(b) reasonable efforts have been made, without success, to find a person entitled to the substance, or it is for some other reason impracticable to return the substance to a person entitled to it,

a police or customs officer may dispose of the substance in whatever way the officer thinks is suitable.

Supplementary

Compensation

64

(1) If no forfeiture order is made in respect of a substance retained under this Part, the person to whom it belongs may make an application to a magistrates' court for compensation.

(2) If the court is satisfied that the applicant has suffered loss as a result of the retention of the substance, the court may order compensation to be paid to the applicant.

(3) Subject to subsection (4), the amount of compensation to be paid is the relevant proportion of the value of the substance. For these purposes—

(a) the “relevant proportion” is whatever proportion (not exceeding 100%) the court thinks is reasonable;

(b) the “value” of the substance is the amount that it would cost the applicant to acquire the substance at the time when the court makes the order.

(4) If the court thinks that, by reason of exceptional circumstances, the value of the substance would not be adequate compensation, it may order payment of whatever larger amount it thinks reasonable.

(5) The fund from which, or person by whom, the compensation is to be paid depends on the person by whom the substance was seized, as follows—

Person by whom substance seized	Fund from which or person by whom compensation payable
A constable of a police force maintained by a local policing body	The police fund from which the expenses of the police force are met
A constable of the Police Service of Scotland	The Scottish Police Authority
A constable of the Police Service of Northern Ireland	The Chief Constable of the Police Service of Northern Ireland
A constable of the British Transport Police Force	The Chief Constable of the British Transport Police Force
A constable of the Ministry of Defence Police	The Secretary of State
A National Crime Agency officer	The Director General of the National Crime Agency
A person designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009	The Secretary of State

Interpretation etc

65

(1) For the purposes of this Part, a substance is used as a “drug-cutting agent” if it is added to a controlled drug in connection with the unlawful supply or exportation of the drug.

(2) In this Part—

“controlled drug” has the same meaning as in the Misuse of Drugs Act 1971 (see section 2 of that Act);

“enactment” includes—an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;an enactment contained in, or in an instrument made under, Northern Ireland legislation;

“entitled”, in relation to a substance, is to be read in accordance with subsection (3);

“police or customs officer” has the meaning given by section 52(2);

“premises” includes any place and, in particular, includes—any vehicle, vessel, aircraft or hovercraft;any offshore installation within the meaning given by section 1 of the Mineral Workings (Offshore Installations) Act 1971;any renewable energy installation within the meaning given by section 104 of the Energy Act 2004;any tent or movable structure;

“search and seizure warrant” means a warrant under section 52;

“supplying” includes distributing;

“unlawful” means—in relation to a supply, unlawful under section 4 of the Misuse of Drugs Act 1971;in relation to an exportation, prohibited under section 3 of that Act.

(3) The persons “entitled” to a substance for the purposes of this Part are—

(a) the person from whom it was seized;

(b) (if different) any person to whom it belongs.

(4) Where a retrial is ordered on a person's appeal against conviction for an offence, a reference in this Part to the determination of the appeal is a reference to the conclusion of proceedings for the offence on retrial.

(5) In the application of this Part to Scotland, a reference to a magistrates' court or to a justice of the peace is to be read as a reference to a sheriff.

(6) An application to a sheriff for an order under section 60, 61, 63 or 64 must be made by summary application.

(7) In the application of this Part to Northern Ireland—

(a) a reference to a justice of the peace in section 52 is to be read as a reference to a lay magistrate;

(b) a reference to a magistrates' court or a justice of the peace in section 60, and any other reference to a magistrates' court, is to be read as a reference to a court of summary jurisdiction.

PART 5 — Protection of children and others

Protection of children

Child cruelty offence

66

(1) Section 1 of the Children and Young Persons Act 1933 (cruelty to persons under 16) is amended as follows.

(2) In subsection (1)—

(a) after “ill-treats” insert “ (whether physically or otherwise) ”;

(b) after “ill-treated” insert “ (whether physically or otherwise) ”.

(3) In that subsection, for the words from “(including” to “derangement)” substitute “ (whether the suffering or injury is of a physical or a psychological nature) ”.

(4) In that subsection, for “a misdemeanour” substitute “ an offence ”.

(5) In subsection (2), in paragraph (b)—

(a) after “to bed” insert “ or at any later time before the suffocation ”;

(b) after “drink” insert “ or a prohibited drug ”.

(6) After that subsection insert—

(2A) The reference in subsection (2)(b) to the infant being “in bed” with another (“the adult”) includes a reference to the infant lying next to the adult in or on any kind of furniture or surface being used by the adult for the purpose of sleeping (and the reference to the time when the adult “went to bed” is to be read accordingly). (2B) A drug is a prohibited drug for the purposes of subsection (2)(b) in relation to a person if the person's possession of the drug immediately before taking it constituted an offence under section 5(2) of the Misuse of Drugs Act 1971.

Sexual communication with a child

67

After section 15 of the Sexual Offences Act 2003 insert—

(15A) (1) A person aged 18 or over (A) commits an offence if— (a) for the purpose of obtaining sexual gratification, A intentionally communicates with another person (B), (b) the communication is sexual or is intended to encourage B to make (whether to A or to another) a communication that is sexual, and (c) B is under 16 and A does not reasonably believe that B is 16 or over. (2) For the purposes of this section, a communication is sexual if— (a) any part of it relates to sexual activity, or (b) a reasonable person would, in all the circumstances but regardless of any person's purpose, consider any part of the communication to be sexual; and in paragraph (a) “sexual activity” means an activity that a reasonable person would, in all the circumstances but regardless of any person's purpose, consider to be sexual. (3) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.

Child sexual exploitation

68

(1) The Sexual Offences Act 2003 is amended as set out in subsections (2) to (6).

(2) For the heading before section 47 substitute “ Sexual exploitation of children ”.

(3) In section 48 (headed “Causing or inciting child prostitution or pornography”)—

(a) in the heading, for “child prostitution or pornography” substitute “ sexual exploitation of a child ”;

(b) in subsection (1)(a), for “to become a prostitute, or to be involved in pornography,” substitute “ to be sexually exploited ”.

(4) In section 49 (headed “Controlling a child prostitute or a child involved in pornography”)—

(a) in the heading, for “prostitute or a child involved in pornography” substitute “ in relation to sexual exploitation ”;

(b) in subsection (1)(a), for “prostitution or involvement in pornography” substitute “ sexual exploitation ”.

(5) In section 50 (headed “Arranging or facilitating child prostitution or pornography”)—

(a) in the heading, for “child prostitution or pornography” substitute “ sexual exploitation of a child ”;

(b) in subsection (1)(a), for “prostitution or involvement in pornography” substitute “ sexual exploitation ”.

(6) In section 51 (interpretation of sections 48 to 50)—

(a) omit subsection (1);

(b) for subsection (2) substitute—

(2) For the purposes of sections 48 to 50, a person (B) is sexually exploited if— (a) on at least one occasion and whether or not compelled to do so, B offers or provides sexual services to another person in return for payment or a promise of payment to B or a third person, or (b) an indecent image of B is recorded; and “sexual exploitation” is to be interpreted accordingly.

(7) In section 1 of the Street Offences Act 1959 (loitering or soliciting for purposes of prostitution), in subsection (1), after “person” insert “ aged 18 or over ”.

Possession of paedophile manual

69

(1) It is an offence to be in possession of any item that contains advice or guidance about abusing children sexually.

(2) It is a defence for a person (D) charged with an offence under this section—

(a) to prove that D had a legitimate reason for being in possession of the item;

(b) to prove that—

(i) D had not read, viewed or (as appropriate) listened to the item, and

(ii) D did not know, and had no reason to suspect, that it contained advice or guidance about abusing children sexually; or

(i) the item was sent to D without any request made by D or on D's behalf, and

(ii) D did not keep it for an unreasonable time.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine, or to both;

(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;

(4) Proceedings for an offence under this section may be brought—

(a) in England and Wales, only by or with the consent of the Director of Public Prosecutions;

(b) in Northern Ireland, only by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(5) In England and Wales, the following provisions of the Protection of Children Act 1978 apply in relation to prohibited items as they apply in relation to indecent photographs of children (within the meaning of that Act)—

(a) section 4 (entry, search and seizure);

(b) the Schedule (forfeiture of photographs).

(6) In Northern Ireland, the following provisions of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) apply in relation to prohibited items as they apply in relation to indecent photographs of children (within the meaning of that Order)—

(a) Article 4 (entry, search and seizure);

(b) the Schedule (forfeiture of photographs).

(7) Schedule 3 makes special provision in connection with the operation of subsection (1) in relation to persons providing information society services within the meaning of that Schedule.

(8) In this section—

“abusing children sexually” means doing anything that constitutes—an offence under Part 1 of the Sexual Offences Act 2003, or under Part 2, 3 or 4 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), against a person under 16, oran offence under section 1 of the Protection of Children Act 1978, or under Article 3 of the Protection of Children (Northern Ireland) Order 1978, involving indecent photographs (but not pseudo-photographs),oran offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation),or doing anything outside England and Wales or Northern Ireland that would constitute such an offence if done in England and Wales or Northern Ireland;

“item” includes anything in which information of any description is recorded;

“prohibited item” means an item within subsection (1).

Female genital mutilation

Offence of female genital mutilation: extra-territorial acts

70

(1) The Female Genital Mutilation Act 2003 is amended as follows—

(a) in section 3 (offence of assisting non-UK person to mutilate overseas a girl's genitalia), in subsections (1) and (2)(a) omit “permanent”;

(b) in section 4 (extension of sections 1 to 3 to extra-territorial acts), in subsection (1) omit “permanent”;

(3) A United Kingdom resident is an individual who is habitually resident in the United Kingdom.

(2) The Prohibition of Female Genital Mutilation (Scotland) Act 2005 (asp 8) is amended as follows—

(a) in section 3 (aiding and abetting female genital mutilation), in subsections (1)(c) and (2) omit “permanent”;

(b) in section 4 (extension of sections 1 and 3 to extra-territorial acts), in subsection (1) omit “permanent”;

“United Kingdom resident” is an individual who is habitually resident in the United Kingdom.

Anonymity for victims of female genital mutilation

71

(1) After section 4 of the Female Genital Mutilation Act 2003 insert—

(4A) Schedule 1 provides for the anonymity of persons against whom a female genital mutilation offence (as defined in that Schedule) is alleged to have been committed.

(2) Insert as Schedule 1 to that Act the following Schedule—

SCHEDULE 1 (1) (1) This paragraph applies where an allegation has been made that a female genital mutilation offence has been committed against a person. (2) No matter likely to lead members of the public to identify the person, as the person against whom the offence is alleged to have been committed, may be included in any publication during the person's lifetime. (3) For the purposes of this Schedule, any consent of the person to an act giving rise to the alleged offence is not to be taken as preventing that person from being regarded as a person against whom the alleged offence was committed. (4) In any criminal proceedings before a court, the court may direct that the restriction imposed by sub-paragraph (2) is not to apply (whether at all in England and Wales and Northern Ireland, or to the extent specified in the direction) if the court is satisfied that either of the following conditions is met. (5) The first condition is that the conduct of a person's defence at a trial of a female genital mutilation offence would be substantially prejudiced if the direction was not given. (6) The second condition is that— (a) the effect of sub-paragraph (2) is to impose a substantial and unreasonable restriction on the reporting of the proceedings, and (b) it is in the public interest to remove or relax the restriction. (7) A direction under sub-paragraph (4) does not affect the operation of sub-paragraph (2) at any time before the direction is given. (8) In this paragraph “the court” means— (a) in England and Wales, a magistrates' court or the Crown Court; (b) in Northern Ireland, a magistrates' court, a county court or the Crown Court. (2) (1) If anything is included in a publication in contravention of the prohibition imposed by paragraph 1(2), each of the persons responsible for the publication is guilty of an offence. (2) A person guilty of an offence under this paragraph is liable— (a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale. (3) The persons responsible for a publication are as follows—

Type of publication	Persons responsible
Newspaper or other periodical	Any person who is a proprietor, editor or publisher of the newspaper or periodical.
Relevant programme	Any person who—is a body corporate engaged in providing the programme service in which the programme is included, orhas functions in relation to the programme corresponding to those of an editor of a newspaper.
Any other kind of publication	Any person who publishes the publication.

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