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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

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(5C) (1) The Secretary of State may issue guidance to whatever persons in England and Wales the Secretary of State considers appropriate about— (a) the effect of any provision of this Act, or (b) other matters relating to female genital mutilation. (2) A person exercising public functions to whom guidance is given under this section must have regard to it in the exercise of those functions. (3) Nothing in this section permits the Secretary of State to give guidance to any court or tribunal. (4) Before issuing guidance under this section the Secretary of State must consult— (a) the Welsh Ministers so far as the guidance is to a body exercising devolved Welsh functions; (b) any person whom the Secretary of State considers appropriate. (5) A body is exercising “devolved Welsh functions” if its functions are exercisable only in or as regards Wales and are wholly or mainly functions relating to— (a) a matter in respect of which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government, or (b) a matter within the legislative competence of the National Assembly for Wales. (6) The Secretary of State may from time to time revise any guidance issued under this section. (7) Subsections (2) and (3) have effect in relation to any revised guidance. (8) Subsection (4) has effect in relation to any revised guidance unless the Secretary of State considers the proposed revisions of the guidance are insubstantial. (9) The Secretary of State must publish the current version of any guidance issued under this section.

(2) Consultation for the purposes of subsection (4) of section 5C of the Female Genital Mutilation Act 2003 (inserted by subsection (1) above) may be, or include, consultation before the coming into force of this section.

Domestic abuse

Controlling or coercive behaviour in an intimate or family relationship

76

(1) A person (A) commits an offence if—

(a) A repeatedly or continuously engages in behaviour towards another person (B) that is controlling or coercive,

(b) at the time of the behaviour, A and B are personally connected,

(d) A knows or ought to know that the behaviour will have a serious effect on B.

(2) A and B are “personally connected” if—

(a) A is in an intimate personal relationship with B, or

(b) A and B live together and—

(i) they are members of the same family, or

(ii) they have previously been in an intimate personal relationship with each other.

(3) But A does not commit an offence under this section if at the time of the behaviour in question—

(a) A has responsibility for B, for the purposes of Part 1 of the Children and Young Persons Act 1933 (see section 17 of that Act), and

(b) B is under 16.

(4) A's behaviour has a “serious effect” on B if—

(a) it causes B to fear, on at least two occasions, that violence will be used against B, or

(b) it causes B serious alarm or distress which has a substantial adverse effect on B's usual day-to-day activities.

(5) For the purposes of subsection (1)(d) A “ought to know” that which a reasonable person in possession of the same information would know.

(6) For the purposes of subsection (2)(b)(i) A and B are members of the same family if—

(a) they are, or have been, married to each other;

(b) they are, or have been, civil partners of each other;

(d) they have agreed to marry one another (whether or not the agreement has been terminated);

(e) they have entered into a civil partnership agreement (whether or not the agreement has been terminated);

(f) they are both parents of the same child;

(g) they have, or have had, parental responsibility for the same child.

(7) In subsection (6)—

“civil partnership agreement” has the meaning given by section 73 of the Civil Partnership Act 2004;

“child” means a person under the age of 18 years;

“parental responsibility” has the same meaning as in the Children Act 1989;

“relative” has the meaning given by section 63(1) of the Family Law Act 1996.

(8) In proceedings for an offence under this section it is a defence for A to show that—

(a) in engaging in the behaviour in question, A believed that he or she was acting in B's best interests, and

(b) the behaviour was in all the circumstances reasonable.

(9) A is to be taken to have shown the facts mentioned in subsection (8) if—

(a) sufficient evidence of the facts is adduced to raise an issue with respect to them, and

(b) the contrary is not proved beyond reasonable doubt.

(10) The defence in subsection (8) is not available to A in relation to behaviour that causes B to fear that violence will be used against B.

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

(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both;

(b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both.

Guidance about investigation of offences under section 76

77

(1) The Secretary of State may issue guidance about the investigation of offences under section 76 to whatever persons the Secretary of State considers appropriate.

(2) The Secretary of State may revise any guidance issued under this section.

(3) The Secretary of State must arrange for any guidance issued or revised under this section to be published.

PART 6 — Miscellaneous and general

Miscellaneous

Knives and offensive weapons in prisons

78

After section 40C of the Prison Act 1952 insert—

(40CA) (1) A person who, without authorisation, is in possession of an article specified in subsection (2) inside a prison is guilty of an offence. (2) The articles referred to in subsection (1) are— (a) any article that has a blade or is sharply pointed; (b) any other offensive weapon (as defined in section 1(9) of the Police and Criminal Evidence Act 1984). (3) In proceedings for an offence under this section it is a defence for the accused to show that— (a) he reasonably believed that he had authorisation to be in possession of the article in question, or (b) in all the circumstances there was an overriding public interest which justified his being in possession of the article. (4) A person guilty of an offence under this section is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding four years or to a fine (or both); (b) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine (or both). (5) In this section “authorisation” means authorisation given for the purposes of this section; and subsections (1) to (3) of section 40E apply in relation to authorisations so given as they apply to authorisations given for the purposes of section 40D.

Throwing articles into prisons

79

After section 40CA of the Prison Act 1952 (inserted by section 78 above) insert—

(40CB) (1) A person who, without authorisation, throws any article or substance into a prison is guilty of an offence. (2) For the purposes of subsection (1)— (a) the reference to an article or substance does not include a reference to a List A article, a List B article or a List C article (as defined by section 40A); (b) the reference to “throwing” an article or substance into a prison includes a reference to doing anything from outside the prison that results in the article or substance being projected or conveyed over or through a boundary of the prison so as to land inside the prison. (3) In proceedings for an offence under this section it is a defence for the accused to show that— (a) he reasonably believed that he had authorisation to do the act in respect of which the proceedings are brought, or (b) in all the circumstances there was an overriding public interest which justified the doing of that act. (4) A person guilty of an offence under subsection (1) is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine (or both); (b) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine (or both). (5) In this section “authorisation” means authorisation given for the purposes of this section; and subsections (1) to (3) of section 40E apply in relation to authorisations so given as they apply to authorisations given for the purposes of section 40D.

Prevention or restriction of use of communication devices by prisoners etc

80

(1) Regulations may make provision conferring power on a court to make a telecommunications restriction order.

(2) “Telecommunications restriction order” means an order requiring a communications provider to take whatever action the order specifies for the purpose of preventing or restricting the use of communication devices by persons detained in custodial institutions.

(3) Regulations under this section must—

(a) specify who may apply for telecommunications restriction orders;

(b) make provision about giving notice of applications;

(d) specify the matters about which the court must be satisfied if it is to make an order;

(e) make provision about the duration of orders (which may include provision for orders of indefinite duration);

(f) make provision about variation (including extension) and discharge of orders;

(g) make provision about appeals.

(4) Regulations under this section may—

(a) make provision for a telecommunications restriction order to specify that a requirement of the order is not to apply in particular circumstances;

(b) make provision authorising a court to include in an order a requirement for the person applying for the order to pay any or all of the costs of complying with it;

(d) make provision about enforcement of orders (which may include provision creating offences);

(e) make provision about costs (or, in Scotland, expenses) in respect of legal proceedings;

(f) make different provision for different purposes;

(g) make incidental, consequential, supplementary or transitional provision, including provision applying any enactment (with or without modifications).

(5) The power to make regulations under this section is exercisable—

(a) in relation to England and Wales, by statutory instrument made by the Secretary of State;

(b) in relation to Scotland, by the Scottish Ministers.

(6) A statutory instrument (other than a Scottish statutory instrument) containing regulations under this section is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(7) Regulations made by the Scottish Ministers under this section are subject to the affirmative procedure.

(8) In this section—

“communication device” means an item specified in section 1(3) of the Prisons (Interference with Wireless Telegraphy) Act 2012 (mobile telephones etc);

“communications provider” means a person providing a service that consists in the provision of access to, and of facilities for making use of, any telecommunication system (whether or not one provided by that person);

“court” means—in relation to England and Wales, the county court;in relation to Scotland, the sheriff;

“custodial institution” means—in relation to England and Wales, a prison, young offender institution, secure training centre or secure college;in relation to Scotland, a prison or young offenders institution;

“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;

“telecommunication system” means any system (including the apparatus comprised in it) that exists (whether wholly or partly in the United Kingdom or elsewhere) for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electro-magnetic energy.

Preparation or training abroad for terrorism

81

In section 17 of the Terrorism Act 2006 (commission of offences abroad), in subsection (2)(b), after “an offence under” insert “ section 5 or 6 or ”.

Approval of draft decisions under Article 352 of TFEU relating to serious crime

82

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Codes of practice about investigatory powers: journalistic sources

83

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Termination of pregnancy on grounds of sex of foetus

84

(1) The Secretary of State shall arrange for an assessment to be made of the evidence of termination of pregnancy on the grounds of the sex of the foetus in England, Wales and Scotland.

(2) The arrangements made under subsection (1) shall be such as to enable publication of the assessment by the Secretary of State within 6 months of the date of Royal Assent to this Act.

(3) The Secretary of State shall consider the assessment made under subsection (1) and—

(a) determine and publish a strategic plan to tackle substantiated concerns identified in the assessment made under subsection (1); or

(b) publish a statement and explanation in relation to why a plan under subsection (3)(a) is not required.

(4) Any strategic plan under subsection (3)(a) must include, but need not be limited to, steps—

(a) to promote change in the social and cultural patterns of behaviour with a view to eradicating prejudices, customs, traditions and all other practices which are based on the idea of the inferiority of women and which may amount to pressure to seek a termination on the grounds of the sex of the foetus;

(b) to ensure best practice exists in identifying women being coerced or pressured into seeking a termination on the grounds of the sex of the foetus, or at risk of being so, and in the provision of protection and support to potential victims; and

(5) The Secretary of State must lay a copy of the plan, determined under subsection (3)(a), before each House of Parliament within 6 months of the publication date of the assessment under subsection (2).

General

Minor and consequential amendments

85

(1) Schedule 4 (minor and consequential amendments) has effect.

(2) The Secretary of State may by regulations make provision that is consequential on any provision of this Act.

(3) The power to make regulations under this section—

(a) is exercisable by statutory instrument;

(b) includes power to make transitional, transitory or saving provision;

(c) may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under primary legislation passed before this Act or in the same Session.

(4) Before making regulations under this section the Secretary of State must—

(a) if the regulations contain provision that would fall within the legislative competence of the Scottish Parliament if included in an Act of that Parliament, consult the Scottish Ministers;

(b) if the regulations contain provision that would fall within the legislative competence of the Northern Ireland Assembly if included in an Act of that Assembly, consult the Department of Justice in Northern Ireland.

(5) A statutory instrument containing regulations under this section that amend, repeal, revoke or otherwise modify any provision of primary legislation is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) In this section “primary legislation” means—

(a) an Act of Parliament;

(b) an Act of the Scottish Parliament;

(d) Northern Ireland legislation.

Transitional and saving provisions

86

(1) An order under section 13A of the Proceeds of Crime Act 2002 (inserted by section 7) may be made in respect of any confiscation order (within the meaning of Part 2 of that Act) that is made on or after the day on which section 7 comes into force.

(2) The amendment made by subsection (3) of section 10 has effect in relation to a default of payment of a sum payable under a confiscation order only if the default occurs on or after the date on which that subsection comes into force.

(3) An order under section 97B(2) of the Proceeds of Crime Act 2002 (inserted by section 16) may be made in respect of any confiscation order (within the meaning of Part 3 of that Act) that is made on or after the day on which section 16 comes into force.

(4) An order under section 163A of the Proceeds of Crime Act 2002 (inserted by section 29) may be made in respect of any confiscation order (within the meaning of Part 4 of that Act) that is made on or after the day on which section 29 comes into force.

(5) An offence is not committed under section 3A(3) of the Computer Misuse Act 1990 by virtue of the amendment made by section 42 unless every act or other event proof of which is required for conviction of the offence takes place after section 42 comes into force.

(6) The amendments made by paragraph 10 of Schedule 4 apply, in relation to any offence of conspiracy to commit an offence under the Computer Misuse Act 1990 or of attempting to commit such an offence, only where every act or other event proof of which is required for conviction of the conspiracy or attempt offence takes place after section 43 comes into force.

(7) The repeals by this Act of—

(a) section 76 of the Serious Organised Crime and Police Act 2005 (“the 2005 Act”), and

(b) sections 79 to 81 of the 2005 Act so far as they extend to England and Wales,

do not apply in the case of a financial reporting order made before section 50(1) (a) above comes into force.

(8) The repeals by this Act of—

(a) section 77 of the 2005 Act, and

(b) sections 79 to 81 of the 2005 Act so far as they extend to Scotland,

do not apply in the case of a financial reporting order made before section 50(1) (b) above comes into force.

(9) The repeals by this Act of—

(a) section 78 of the 2005 Act, and

(b) sections 79 to 81 of the 2005 Act so far as they extend to Northern Ireland,

do not apply in the case of a financial reporting order made before section 50(1) (c) above comes into force.

(10) The amendments made by a section listed below apply only in cases where every act or other event proof of which is required for conviction of the offence in question takes place after the provision comes into force—

(a) section 43;

(b) section 66;

(d) section 81.

(11) Subsection (7) of section 68 and paragraph 2 of Schedule 4 do not apply in the case of an offence proceedings for which are started before the commencement of that subsection.

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) Before the day on which section 109 of the Courts Reform (Scotland) Act 2014 (asp 18) (abolition of appeal from a sheriff to the sheriff principal) comes into force—

(a) the reference to the Sheriff Appeal Court in subsection (3)(b) of section 62 is to be read as a reference to the sheriff principal;

(b) the references to the court in subsections (5) to (7) of that section are to be read as including references to the sheriff principal.

(14) In relation to an offence committed before 2 May 2022, a reference to 12 months the general limit in a magistrates’ court in the following provisions is to be read as a reference to 6 months—

(a) in the Sexual Offences Act 2003, subsection (3)(a) of the section 15A inserted by section 67 above;

(b) section 69(3)(a);

(c) in the Female Genital Mutilation Act 2003, paragraph (b) of the subsection (2) inserted in section 5 by section 72(4)(b) above;

(d) paragraph 4(5)(b) of the Schedule inserted in that Act by section 73(2) above;

(e) section 76(11)(b);

(f) in the Prison Act 1952, subsection (4)(b) of the section 40CA inserted by section 78 above;

(g) in that Act, subsection (4)(b) of the section 40CB inserted by section 79 above.

(15) In relation to an offence committed before section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force—

(a) a reference to a fine in the following provisions is to be read as a reference to a fine not exceeding the statutory maximum—

(i) in the Sexual Offences Act 2003, subsection (3)(a) of the section 15A inserted by section 67 above;

(ii) section 69(3)(a);

(iii) in the Female Genital Mutilation Act 2003, paragraph (b) of the subsection (2) inserted in section 5 by section 72(4)(b) above;

(iv) paragraph 4(5)(b) of the Schedule inserted in that Act by section 73(2) above;

(v) section 76(11)(b) above;

(vi) in the Prison Act 1952, subsection (4)(b) of the section 40CA inserted by section 78 above;

(vii) in that Act, subsection (4)(b) of the section 40CB inserted by section 79 above;

(b) the reference to a fine in paragraph 2(2)(a) of Schedule 1 to the Female Genital Mutilation Act 2003, inserted in that Act by section 71(2) above, is to be read as a reference to a fine not exceeding level 5 on the standard scale.

(16) The reference to an offence under section 1, 2 or 3 of the Female Genital Mutilation Act 2003 in section 3A (8) of that Act does not include such an offence committed before the coming into force of section 72 above (which inserts section 3A in that Act).

(17) In proceedings under section 3A of that Act, a defence under subsection (5)(b) of that section may not be negated by reference to steps that the defendant could have taken (but did not) before the coming into force of section 72 above.

Extent

87

(1) The following provisions extend to England and Wales only—

(a) Chapter 1 of Part 1;

(b) section 45;

(d) sections 66 to 68;

(e) sections 74 to 79.

(2) Section 80 extends to England and Wales and Scotland (but not Northern Ireland).

(3) The following provisions extend to England and Wales and Northern Ireland (but not Scotland)—

(a) section 38(2);

(b) section 40;

(d) section 70(1);

(e) sections 71 to 73.

(4) The following provisions extend to Scotland only—

(a) sections 15 to 22;

(b) section 38(3);

(d) section 70(2).

(5) Chapter 3 of Part 1 extends to Northern Ireland only.

(6) An amendment or repeal made by Schedule 4 has the same extent as the relevant part of the Act amended or repealed.

(7) The other provisions of this Act extend to England and Wales, Scotland and Northern Ireland.

Commencement

88

(1) This Act, except for the provisions referred to in subsections (2) to (5), comes into force on whatever day or days the Secretary of State appoints by regulations made by statutory instrument.

(2) The following provisions come into force on whatever day or days the Scottish Ministers appoint by regulations after consulting the Secretary of State—

(a) sections 15 to 22;

(b) section 38(3);

(3) The following provisions come into force on whatever day or days the Department of Justice in Northern Ireland appoints by regulations after consulting the Secretary of State—

(a) Chapter 3 of Part 1;

(b) paragraphs 4, 46 to 51 and 66(4) of Schedule 4 (and section 85(1) so far as relating to those paragraphs).

(4) Sections 70 to 72 come into force at the end of the period of two months beginning with the day on which this Act is passed.

(5) The following provisions come into force on the day on which this Act is passed—

(a) section 80;

(b) section 81 and paragraph 74 of Schedule 4 (and section 85(1) so far as relating to that paragraph);

(d) section 83;

(e) section 85(2) to (7);

(f) sections 86 to 89.

(6) No regulations may be made under subsection (1) bringing into force any of the following provisions, so far as they extend to Scotland, unless the Secretary of State has consulted the Scottish Ministers—

(a) section 23;

(b) section 38(1);

(d) section 46 and Schedule 1;

(e) sections 47 to 50.

(7) No regulations may be made under subsection (1) bringing into force any of the following provisions, so far as they extend to Northern Ireland, unless the Secretary of State has consulted the Department of Justice in Northern Ireland—

(a) section 38(1) and (2);

(b) section 40;

(d) section 69 and Schedule 3;

(e) section 73.

(8) Consultation for the purposes of subsection (2), (3), (6) or (7) may be, or include, consultation before the day on which this Act is passed.

(9) A power to make regulations under this section includes powers to make saving, transitional or transitory provision.

(10) The power of the Department of Justice in Northern Ireland to make regulations under subsection (3) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

Short title

89

This Act may be cited as the Serious Crime Act 2015.

SCHEDULE 1

1

The Serious Crime Act 2007 is amended as set out in this Schedule.

2

(1) Section 1 (serious crime prevention orders) is amended as follows.

(2) After subsection (1) insert—

(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.

(3) In subsection (3), after “England and Wales” insert “ , Scotland ”.

(4) For subsection (5) substitute—

(5) In this Part— - “appropriate court” means the Court of Session or sheriff; - “serious crime prevention order” means— 1. an order under this section; 2. an order under section 19 (corresponding order of the Crown Court on conviction); or 3. an order under section 22A (corresponding order of the High Court of Justiciary or sheriff on conviction).

3

In section 2 (involvement in serious crime: England and Wales orders), in subsection (6)—

(a) for “test in section” substitute “ tests in sections 2A(1) and ”;

(b) after “serious crime in” insert “ Scotland or (as the case may be) ”.

4

After section 2 insert—

(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.

5

In section 3 (involvement in serious crime: Northern Ireland orders), in subsection (6)—

(a) for “test in section 2(1)” substitute “ tests in sections 2(1) and 2A(1) ”;

(b) at the end insert “ or (as the case may be) Scotland ”.

6

In section 4 (involvement in serious crime: supplementary), after subsection (4) insert—

(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.

7

In section 5 (type of provision that may be made by orders), in subsection (2), after “England and Wales”, in both places, insert “ , Scotland ”.

8

In section 7 (other exceptions), after subsection (1) insert—

(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.

9

In section 8 (limited class of applicants for making of orders)—

(a) omit the word “and” at the end of paragraph (a);

(b) after that paragraph insert—

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

10

(1) Section 9 (right of third parties to make representations) is amended as follows.

(2) In each of subsections (1) to (3), after “High Court” insert “ or (in Scotland) the appropriate court ”.

(3) After subsection (4) insert—

(4A) The High Court of Justiciary must, on an application by a person, give the person an opportunity to make representations in proceedings before it arising by virtue of section 24B(3) if it considers that the making or variation of the serious crime prevention order concerned (or a decision not to vary it) would be likely to have a significant adverse effect on that person.

11

In section 10 (notice requirements in relation to orders), in subsection (4)—

(a) omit the word “and” at the end of paragraph (a);

(b) after that paragraph insert—

(aa) in relation to a serious crime prevention order in Scotland, the Lord Advocate;

12

(1) Section 12 (restrictions for legal professional privilege) is amended as follows.

(2) In subsection (1), after “order” insert “ in England and Wales or Northern Ireland ”.

(3) After subsection (4) insert—

(4A) A serious crime prevention order in Scotland may not require a person to breach any duty of confidentiality of communications which the person could not be required to breach in proceedings before the appropriate court.

(4) In subsection (5), for “subsection (1) does not” substitute “ subsections (1) and (4A) do not ”.

13

In section 13 (restrictions on excluded material and banking information), in subsection (1)—

(a) omit the word “and” at the end of paragraph (a);

(b) after that paragraph insert—

(aa) in the case of an order in Scotland, any excluded material (as defined by that section (except that “enactment” in subsection (2)(b) of that section is to be taken to include an Act of the Scottish Parliament or an instrument made under such an Act));

14

(1) Section 17 (variation of orders) is amended as follows.

(2) After subsection (1) insert—

(1A) The appropriate court in Scotland may, on an application under this section, vary a serious crime prevention order in Scotland if it has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement, by the person who is the subject of the order, in serious crime in Scotland.

(3) In each of subsections (6)(a) and (7)(a), after “High Court” insert “ , the appropriate court ”.

15

(1) Section 18 (discharge of orders) is amended as follows.

(2) In subsection (1)—

(a) omit the word “and” at the end of paragraph (a);

(b) after that paragraph insert—

(aa) the appropriate court in Scotland may discharge a serious crime prevention order in Scotland;

(3) In each of subsections (5)(a) and (6)(a), after “High Court” insert “ , the appropriate court ”.

16

In section 22 (inter-relationship between different types of order), at the end of the heading insert “ in England and Wales or Northern Ireland ”.

17

After that section insert—

(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.

18

After section 24 insert—

(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 (c) to discharge or not to discharge such an order; 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; (c) the discharge 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).

19

(1) Section 27 (powers to wind up companies etc: England and Wales and Scotland) is amended as follows.

(2) In the heading omit the words “and Scotland”.

(3) In subsection (12) omit the words “or Scotland”—

(a) in paragraph (a) of the definition of “company”;

(b) in the definition of “the court”.

20

After section 27 insert—

(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. (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. (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— 1. in relation to a relevant body falling within paragraphs (a) to (c) of the definition of “relevant body” below, the Treasury; and 2. in relation to any other relevant body, the Scottish Ministers; - “company” means— 1. a company registered under the Companies Act 2006 in Scotland, or 2. an unregistered company within the meaning of Part 5 of the Insolvency Act 1986 (see section 220 of that Act), - “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— 1. a building society (within the meaning of the Building Societies Act 1986); 2. an incorporated friendly society (within the meaning of the Friendly Societies Act 1992); 3. a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014; 4. a limited liability partnership; or 5. such 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).

21

(1) Section 29 (powers to wind up: supplementary) is amended as follows.

(2) After subsection (1) insert—

(1ZA) The Scottish Ministers may by order make such modifications as they consider appropriate to the application of the Insolvency Act 1986 by virtue of section 27A(2).

(3) In subsection (2)—

(a) after “subsection (1)” insert “ , (1ZA) ”;

(b) after “section 27(3) and (4)” insert “ , 27A(3) and (4) ”.

(4) After subsection (3) insert—

(3ZA) The Scottish Ministers may by order make such consequential or supplementary provision, applying with or without modifications any provision made by or under an enactment including an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, as they consider appropriate in connection with section 27A(2) to (4).

(5) In subsection (4)—

(a) after “section 27(5) or (6)” insert “ , 27A(7) ”;

(b) after “subsection (1)” insert “ , (1ZA) ”;

(c) after “enactment” insert “ including, in the case of an order made by virtue of section 27A(7) or subsection (1ZA) above, an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament. ”

22

(1) Section 31 (other partnerships) is amended as follows.

(2) In subsection (3), after “England and Wales”, in both places, insert “ , Scotland, ”.

(3) In subsection (6)(b) omit sub-paragraph (ii).

23

In section 32 (unincorporated associations) omit sub-paragraph (ii) of subsection (5)(b).

24

In section 34 (providers of information society services), in subsection (2)(a)—

(a) omit the word “and” at the end of sub-paragraph (i);

(b) after that sub-paragraph insert—

(ia) in the case of an order in Scotland, serious crime in Scotland;

25

After section 36 insert—

(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.

26

In section 39 (compliance with orders: authorised monitors), in the definition of “law enforcement agency” in subsection (10), after paragraph (zc) insert—

(zd) the chief constable of the Police Service of Scotland;

27

(1) Section 40 (costs in relation to authorised monitors) is amended as follows.

(2) In subsection (5), for “recoverable as if” substitute

recoverable— (a) in England and Wales and Northern Ireland, as if

(3) At the end of that subsection insert—

(b) in Scotland, in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(4) After subsection (6) insert—

(6A) Where any amounts required to be paid by virtue of section 39(4) and (5) are, in the case of a serious crime prevention order made under section 22A, not paid within a required period, the unpaid balance from time to time carries interest at the rate payable under a decree of the Court of Session.

(5) In subsection (9), after paragraph (a) insert—

(aa) in relation to serious crime prevention orders in Scotland, the Scottish Ministers;

28

In section 43 (index of defined expressions), at the appropriate places insert—

appropriate court	section 1(5)
involvement in serious crime: Scotland orders	sections 2A, 4 and 31(3)
---	---
serious offence in Scotland	section 2A(2)
---	---

29

In section 89 (orders)—

(a) in subsection (1), for “, the Treasury or the Scottish Ministers” substitute “ or the Treasury ”;

(b) in subsection (2)—

(i) for “or the Treasury” substitute “ , the Treasury or the Scottish Ministers ”;

(ii) at the end insert “ or the Scottish Ministers consider appropriate. ”;

(i) for “statutory instrument” substitute “ the Secretary of State or the Treasury ”;

(ii) after “27(6) or (12),” insert “ , 27A(7) ”;

(d) after subsection (6) insert—

(6A) An order under section 4(4A) is subject to the affirmative procedure. (6B) An order made by the Scottish Ministers under section 7(1A), 27A(7) or (12), 29(1ZA) or (3ZA) or 40 is subject to the negative procedure.

30

In section 93 (extent), in subsection (2) (provisions that extend to England and Wales and Northern Ireland only) omit paragraph (a).

31

In Schedule 1 (serious offences), after Part 1 insert—

(16A) (1) An offence under any of the following provisions of the Misuse of Drugs Act 1971— (a) section 4(2) or (3) (unlawful production or supply of controlled drugs); (b) section 5(3) (possession of controlled drug with intent to supply); (c) section 6 (restriction of cultivation of cannabis plant); (d) section 8 (permitting etc certain activities relating to controlled drugs); (e) section 20 (assisting in or inducing the commission outside the United Kingdom of an offence punishable under a corresponding law). (2) An offence under any of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971— (a) section 50(2) or (3) (improper importation of goods); (b) section 68(2) (exportation of prohibited or restricted goods); (c) section 170 (fraudulent evasion of duty etc). (3) An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990— (a) section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act); (b) section 19 (using a ship for illicit traffic in controlled drugs). (16B) (1) An offence under section 25, 25A or 25B of the Immigration Act 1971 (assisting unlawful immigration etc). (2) An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation). (16C) (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. (16D) (1) An offence under any of the following provisions of the Criminal Law Consolidation (Scotland) Act 1995— (a) section 11(1) (living on earnings of prostitution or soliciting for immoral purposes); (b) section 11(4) (aiding, abetting or compelling prostitution for gain); (c) section 11(5) (running of brothels). (2) An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc). (3) An offence under any of the following provisions of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005— (a) section 10 (causing or inciting provision by child of sexual services or child pornography); (b) section 11 (controlling a child providing sexual services or involved in pornography); (c) section 12 (arranging or facilitating provision by child of sexual services or child pornography). (4) An offence under section 51(2) of the Civic Government (Scotland) Act 1982 (obscene material). (16E) (1) An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010— (a) section 28(1) (involvement in serious organised crime); (b) section 30(1) or (2) (directing serious organised crime). (2) An offence aggravated by a connection with serious organised crime as mentioned in section 29(1) of the Criminal Justice and Licensing (Scotland) Act 2010 (offences aggravated by connection with serious organised crime). (16F) An offence under any of the following provisions of the Proceeds of Crime Act 2002— (a) section 327 (concealing etc criminal property); (b) section 328 (facilitating the acquisition etc of criminal property by or on behalf of another); (c) section 329 (acquisition, use and possession of criminal property). (16G) (1) An offence under section 170 of the Customs and Excise Management Act 1979 (fraudulent evasion of duty etc) so far as not falling within paragraph 16A(2)(c) or 16C(2)(b) above. (2) An offence under section 72 of the Value Added Tax Act 1994 (fraudulent evasion of VAT etc). (3) An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax). (4) An offence under section 35 of the Tax Credits Act 2002 (tax credit fraud). (16H) An offence under any of the following provisions of the Bribery Act 2010— (a) section 1 (offences of bribing another person); (b) section 2 (offences relating to being bribed); (c) section 6 (bribery of foreign public officials). (16I) An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981— (a) section 14 (making counterfeit notes or coins); (b) section 15 (passing etc counterfeit notes or coins); (c) section 16 (having custody or control of counterfeit notes or coins); (d) section 17 (making or having custody or control of counterfeiting materials or implements). (16J) (1) An offence under section 12(1) or (2) of the Gangmasters (Licensing) Act 2004 (acting as a gangmaster other than under the authority of a licence, possession of false documents, etc). (2) Fraud. (3) Conspiracy to defraud. (4) Theft. (5) Extortion. (6) Assault and robbery. (16K) 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). (16L) (1) An offence under section 297A of the Copyright, Designs and Patents Act 1988 (making or dealing etc in unauthorised decoders). (2) An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (unauthorised use of trade mark etc). (16M) (1) An offence under any of the following provisions of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003— (a) section 1 (fishing for salmon: methods); (b) section 2 (fishing for freshwater fish: methods); (c) section 5 (using explosive or other noxious substances for taking or destruction of fish etc). (2) An offence under section 14 of the Wildlife and Countryside Act 1981 (introduction of new species etc). (3) An offence under section 33 of the Environmental Protection Act 1990 (prohibition on unauthorised or harmful deposit, treatment or disposal etc of waste). (4) An offence under regulation 8 of the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (S.I. 1997/1372) (purchase and sale etc of endangered species and provision of false statement and certificates). (16N) An offence of attempting or conspiring to commit an offence specified or described in this Part of this Schedule. (16O) This Part of this Schedule has effect, in its application to conduct before the coming into force of this Part, as if the offences specified or described in this Part included any corresponding offences under the law in force at the time of the conduct. (16P) Where this Part of this Schedule refers to offences which are offences under the law of Scotland and another country, the reference is to be read as limited to the offences so far as they are offences under the law of Scotland.

SCHEDULE 2

Persons who may execute warrant

1

(1) A search and seizure warrant may be executed by any police or customs officer.

(2) A search and seizure warrant may authorise persons to accompany any police or customs officer who is executing it.

(3) A person authorised under sub-paragraph (2) has the same powers as the police or customs officer whom he or she accompanies in respect of—

(a) the execution of the warrant;

(b) the seizure of anything to which the warrant relates.

But the person may exercise those powers only in the company, and under the supervision, of a police or customs officer.

Warrant to be executed within 3 months

2

Entry and search under a search and seizure warrant must be within 3 months from the date of its issue.

All-premises warrants

3

In the case of an all-premises warrant, premises that are not specified in the warrant may be entered and searched only if a senior officer has authorised them to be entered.

Search of premises more than once

4

Premises may be entered or searched for the second or any subsequent time under a search and seizure warrant authorising multiple entries only if a senior officer has authorised that entry to the premises.

Time of search

5

Entry and search under a search and seizure warrant must be at a reasonable hour unless it appears to the police or customs officer executing it that the purpose of a search may be frustrated on an entry at a reasonable hour.

Evidence of authority etc

6

(1) Where the occupier of premises to be entered and searched under a search and seizure warrant is present at the time when a police or customs officer seeks to execute the warrant, the police or customs officer—

(a) must identify himself or herself to the occupier and, if not a constable in uniform, must produce to the occupier documentary evidence that he or she is a police or customs officer;

(b) must produce the warrant to the occupier;

(2) Where the occupier of premises to be entered and searched under a search and seizure warrant is not present at the time when a police or customs officer seeks to execute the warrant—

(a) if some other person who appears to the officer to be in charge of the premises is present, sub-paragraph (1) has effect as if a reference to the occupier were a reference to that other person;

(b) if not, the officer must leave a copy of the warrant in a prominent place on the premises.

Extent of search

7

A search under a search and seizure warrant may only be a search to the extent required for the purpose for which the warrant was issued.

Inspection of substances

8

Where a police or customs officer has power under section 55 to seize a substance from premises, the officer or a person authorised under paragraph 1(2) may inspect or test the substance on the premises with a view to establishing whether or not it is a substance that is suitable for use as a drug-cutting agent.

Securing premises after entry

9

A police or customs officer who enters premises under a search and seizure warrant must take reasonable steps to ensure that when the officer leaves the premises they are as secure as they were before he or she entered.

Endorsement of warrant

10

(1) A police or customs officer executing a search and seizure warrant must make an endorsement on it—

(a) describing the substances, and any containers, that were seized, or

(b) stating that no substances were seized.

(2) Unless the warrant specifies one set of premises only, there must be a separate endorsement under this paragraph identifying each set of premises entered and searched.

Return and retention of warrant

11

(1) A search and seizure warrant must be returned to the appropriate person (see sub-paragraph (2))—

(a) when the warrant has been executed, or

(b) on or before the expiry of the period of 3 months from the date of its issue, if the warrant is—

(i) a specific-premises warrant that has not been executed,

(ii) an all-premises warrant, or

(iii) a warrant authorising multiple entries.

(2) The appropriate person is—

(a) in the case of a warrant issued in England and Wales, the designated officer for the local justice area in which the justice of the peace was acting when issuing the warrant;

(b) in the case of a warrant issued in Scotland, the sheriff clerk for the sheriff court in which the sheriff was sitting when the sheriff issued the warrant;

(3) The appropriate person must retain a search and seizure warrant returned under sub-paragraph (1) for 12 months from the date of its return.

(4) If during that period the occupier of premises to which the search and seizure warrant relates asks to inspect it, he or she must be allowed to do so.

Interpretation etc

12

(1) In this Schedule—

“all-premises warrant” and “specific-premises warrant” have the meaning given in section 52(3);

“senior officer” means—a police officer of at least the rank of inspector;a National Crime Agency officer of grade 3 or above.

(2) An authorisation under paragraph 3 or 4 must be in writing.

SCHEDULE 3

Interpretation of this Schedule

1

(1) “Prohibited item” means an item within section 69(1).

(2) “Information society services”—

(a) has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and

(b) is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”.

(3) “The E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).

(4) “Recipient”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible.

(5) “Service provider” means a person providing an information society service.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Domestic service providers: extension of liability

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-UK service providers: restriction on institution of proceedings

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exception for mere conduits

4

(1) A service provider does not commit an offence under section 69(1) by providing access to a communication network or by transmitting, in a communication network, information provided by a recipient of the service, if the service provider does not—

(a) initiate the transmission,

(b) select the recipient of the transmission, or

(2) For the purposes of sub-paragraph (1)—

(a) providing access to a communication network, and

(b) transmitting information in a communication network,

include the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.

(3) Sub-paragraph (2) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Exception for caching

5

(1) A service provider does not commit an offence under section 69(1) by storing information provided by a recipient of the service for transmission in a communication network if the first and second conditions are met.

(2) The first condition is that the storage of the information—

(a) is automatic, intermediate and temporary, and

(b) is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request.

(3) The second condition is that the service provider—

(a) does not modify the information,

(b) complies with any conditions attached to having access to the information, and

(4) This sub-paragraph applies if the service provider obtains actual knowledge that—

(a) the information at the initial source of the transmission has been removed from the network,

(b) access to it has been disabled, or

(c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

Exception for hosting

6

(1) A service provider does not commit an offence under section 69(1) by storing information provided by a recipient of the service if—

(a) the service provider had no actual knowledge when the information was provided that it was, or contained, a prohibited item, or

(b) on obtaining actual knowledge that the information was, or contained, a prohibited item, the service provider promptly removed the information or disabled access to it.

(2) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.

SCHEDULE 4

Visiting Forces Act 1952 (c. 67)

1

In the Schedule to the Visiting Forces Act 1952 (offences referred to in section 3), in paragraph 1(b)(xi), before “the Female Genital Mutilation Act 2003” insert “ sections 1 to 3 of ”.

Street Offences Act 1959 (c. 57)

2

(1) The Schedule to the Street Offences Act 1959 (orders under section 1(2A): breach, amendment etc) is amended as follows.

(2) In paragraphs 2(3), 3(3) and 5(4), for paragraphs (a) and (b) substitute “a magistrates' court acting in the relevant local justice area”.

(3) In paragraph 9(2), for paragraphs (a) and (b) substitute “any magistrates' court”.

(4) Omit paragraph 9(4).

(5) In paragraph 10(4), for paragraphs (a) and (b) substitute “ to a prison ”.

(6) Omit paragraph 10(5).

(7) In paragraph 11(1) omit “youth court or other”.

Criminal Appeal Act 1968 (c. 19)

3

In section 50 of the Criminal Appeal Act 1968 (meaning of “sentence”), in subsection (1), at the end of paragraph (ca) insert “ (but not a determination under section 10A of that Act) ”.

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

4

In section 30(3) of the Criminal Appeal (Northern Ireland) Act 1980 (meaning of “sentence”), at the end of paragraph (d) insert “ (but not a determination under section 160A of that Act) ”.

Senior Courts Act 1981 (c. 54)

5

In paragraph 3 of Schedule 1 to the Senior Courts Act 1981 (distribution of business to the family division of the High Court), after paragraph (h) insert—

(ha) all proceedings under Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003;

Civil Jurisdiction and Judgments Act 1982 (c. 27)

6

(1) In section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of United Kingdom judgments in other parts of the United Kingdom), after paragraph (c) of subsection (6A) insert—

(d) an order under section 255G or 255H of that Act (order relating to PPO receivers in connection with prohibitory property order).

(2) The power conferred by section 52(2) of that Act (power to extend to Channel Islands, Isle of Man and British overseas territories) is exercisable in relation to the amendment of that Act made by sub-paragraph (1).

Computer Misuse Act 1990 (c. 18)

7

In each of the following provisions of the Computer Misuse Act 1990, for “six” substitute “ 12 ”

(a) section 1(3)(b);

(b) section 2(5)(b);

(d) section 3A(5)(b).

8

In section 3A of that Act (making, supplying or obtaining articles for use in an offence under section 1 or 3), in the heading, for “section 1 or 3” substitute “ section 1, 3 or 3ZA ”.

9

In section 4 of that Act (territorial scope of offences), in the heading, for “sections 1 to 3” substitute “ this Act ”.

10

(1) Section 6 of that Act (territorial scope of inchoate offences) is amended as follows.

(2) In the heading, for “sections 1 to 3” substitute “ this Act ”.

(3) In subsection (1), for “section 1, 2 or 3 above” substitute “ this Act ”.

(4) In subsection (2), for “section 3 above” substitute “ this Act ”.

11

(1) Section 9 of that Act (British citizenship immaterial) is amended as follows.

(2) In subsection (1), at the beginning insert “ Except as provided by section 5(1A), ”.

(3) In subsection (2)(a), for “section 1, 2 or 3 above” substitute “ this Act ”.

(4) In subsection (2)(c), for “section 3 above” substitute “ this Act ”.

12

In section 10 of that Act, for the heading substitute “ Savings ”.

Courts and Legal Services Act 1990 (c. 41)

13

In section 58A of the Courts and Legal Services Act 1990 (conditional fee agreements: supplementary), in subsection (2), after paragraph (f) insert—

(fza) Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003;

Criminal Procedure (Scotland) Act 1995 (c. 46)

14

In section 108 of the Criminal Procedure (Scotland) Act 1995 (Lord Advocate's right of appeal against disposal), after paragraph (ca) of subsection (1) insert—

(cb) a decision under section 22A of the Serious Crime Act 2007 not to make a serious crime prevention order;

15

(1) Section 175 of that Act (right of appeal from summary proceedings) is amended as follows.

(2) In subsection (4), after paragraph (ca) insert—

(cb) a decision under section 22A of the Serious Crime Act 2007 not to make a serious crime prevention order;

(3) In subsection (4A)(b)(ii), for “or (ca)” substitute “ , (ca) or (cb) ”.

16

In section 222 of that Act (transfer of fine orders), in subsection (8), for “section 31 of the Powers of Criminal Courts Act 1973” substitute “ section 139 of the Powers of Criminal Courts (Sentencing) Act 2000 ”.

Family Law Act 1996 (c. 27)

17

In section 63 of the Family Law Act 1996 (interpretation of Part 4), in subsection (2), after paragraph (i) insert—

(ia) Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003, other than paragraph 3 of that Schedule;

Regulation of Investigatory Powers Act 2000 (c. 23)

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceeds of Crime Act 2002 (c. 29)

19

In section 6 of the Proceeds of Crime Act 2002 (making of order), at the end of subsection (5) insert— “Paragraph (b) applies only if, or to the extent that, it would not be disproportionate to require the defendant to pay the recoverable amount.”

20

In section 12 of that Act (interest on unpaid sums), in subsection (1)—

(a) for “the amount required to be paid” substitute “ any amount required to be paid ”;

(b) for “must pay interest on the amount” substitute “ must pay interest on that amount ”.

21

In section 14 of that Act (postponement), after paragraph (c) of subsection (12) insert—

(ca) made an order under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge);

22

(1) Section 15 of that Act (effect of postponement) is amended as follows.

(2) In subsection (2)—

(a) at the end of paragraph (c) omit “or”;

(b) after that paragraph insert—

(ca) make an order for the payment of a surcharge under section 161A of the Criminal Justice Act 2003, or

(3) In subsection (3)—

(a) at the end of paragraph (c) omit “or”;

(b) after that paragraph insert—

(ca) making an order for the payment of a surcharge under section 161A of the Criminal Justice Act 2003, or

23

(1) Section 19 of that Act (no order made: reconsideration of case) is amended as follows.

(2) In subsection (7), after paragraph (d) insert—

(da) any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge);

(3) In subsection (8), after “Sentencing Act” insert “ , a surcharge under section 161A of the Criminal Justice Act 2003 ”.

24

(1) Section 20 of that Act (no order made: reconsideration of benefit) is amended as follows.

(2) In subsection (11), after paragraph (d) insert—

(da) any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge);

(3) In subsection (12), after “Sentencing Act” insert “ , a surcharge under section 161A of the Criminal Justice Act 2003 ”.

25

(1) Section 21 of that Act (order made: reconsideration of benefit) is amended as follows.

(2) In subsection (9), after paragraph (c) insert—

(ca) any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge);

(3) In subsection (10), after “(9)(c)” insert “ , (ca) ”.

26

(1) Section 22 of that Act (order made: reconsideration of available amount) is amended as follows.

(2) In subsection (5), after paragraph (c) insert—

(d) any order which has been made against the defendant in respect of the offence (or any of the offences) concerned under section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge).

(3) In subsection (6), after “(5)(c)” insert “ or (d). ”

27

(1) Section 31 of that Act (appeal to Court of Appeal) is amended as follows.

(2) In the heading, after “prosecutor” insert “ etc ”.

(3) In subsection (3), after “by virtue of section” insert “ 10A, ”.

28

In section 32 of that Act (Court of Appeal's powers on appeal), in subsection (7), after “(compensation orders)” insert “ , section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge) ”.

29

In section 33 of that Act (appeal to Supreme Court), in subsection (9), after “(compensation orders)” insert “ , section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge) ”.

30

In section 35 of that Act (enforcement as fines), in subsection (2), for “139(2) to (4)” substitute “ 139(2), (3) ”.

31

In section 41 of that Act (restraint orders), after subsection (7C) (inserted by section 11 above) insert—

(7D) In considering whether to make an order under subsection (7), the court must, in particular, consider whether any restriction or prohibition on the defendant's travel outside the United Kingdom ought to be imposed for the purpose mentioned in that subsection.

32

(1) Section 42 of that Act (application, discharge and variation of restraint orders) is amended as follows.

(2) In subsection (4), for “(7)” substitute “ (8) ”.

(3) For subsection (7) substitute—

(7) If the condition in section 40 which was satisfied was that an investigation was started— (a) the court must discharge the order if within a reasonable time proceedings for the offence are not started; (b) otherwise, the court must discharge the order on the conclusion of the proceedings. (8) If the condition in section 40 which was satisfied was that an application was to be made— (a) the court must discharge the order if within a reasonable time the application is not made; (b) otherwise, the court must discharge the order on the conclusion of the application.

33

In section 55 of that Act (sums received by designated officer), in subsection (5), for “an amount of compensation or all or part of an amount payable under an unlawful profit order” substitute “ an amount payable under a priority order (or orders) ”.

34

In section 89 of that Act (procedure on appeal to the Court of Appeal), in subsection (4), before paragraph (a) insert—

(za) section 31(4) (appeals against determinations under section 10A),

35

In section 92 of that Act (making of order), at the end of subsection (6) insert—

Paragraph (b) applies only if, or to the extent that, it would not be disproportionate to require the accused to pay the recoverable amount.

36

In section 99 of that Act (postponement), after paragraph (c) of subsection (11) insert—

(d) made a restitution order; (e) ordered the accused under section 253F(2) of the Procedure Act to pay a victim surcharge.

37

(1) Section 100 of that Act (effect of postponement) is amended as follows.

(2) In subsection (3)—

(a) at the end of paragraph (b) omit “or”;

(b) after paragraph (c) insert—

(d) make a restitution order, or (e) order the accused under section 253F(2) of the Procedure Act to pay a victim surcharge.

(3) In subsection (4)—

(a) at the end of paragraph (b) omit “or”;

(b) after paragraph (c) insert—

(d) making a restitution order, or (e) ordering the accused under section 253F(2) of the Procedure Act to pay a victim surcharge.

38

(1) Section 104 of that Act (no order made: reconsideration of case) is amended as follows.

(2) In subsection (7), after paragraph (d) insert—

(e) any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned; (f) any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned.

(3) After subsection (8) insert—

(8A) If a restitution order or an order under section 253F(2) of the Procedure Act has been made against the accused in respect of the offence or offences concerned, section 97A(2) and (4) does not apply.

39

(1) Section 105 of that Act (no order made: reconsideration of benefit) is amended as follows.

(2) In subsection (10), after paragraph (d) insert—

(e) any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned; (f) any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned.

(3) After subsection (11) insert—

(11A) If a restitution order or an order under section 253F(2) of the Procedure Act has been made against the accused in respect of the offence or offences concerned, section 97A(2) and (4) does not apply.

40

(1) Section 106 of that Act (order made: reconsideration of benefit) is amended as follows.

(2) In subsection (8), after paragraph (c) insert—

(d) any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned; (e) any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned.

(3) In subsection (9)—

(a) for “the court must not” substitute

the court— (a) must not

;

(b) at the end insert—

(b) must not have regard to an order falling within subsection (8)(d) or (e) if a court has made a direction under section 97A(2) or (4).

41

(1) Section 107 of that Act (order made: reconsideration of available amount) is amended as follows.

(2) In subsection (4), after paragraph (c) insert—

(d) any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned; (e) any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned.

(3) In subsection (5)—

(a) for “the court must not” substitute

the court— (a) must not

;

(b) at the end insert—

(b) must not have regard to an order falling within subsection (4)(d) or (e) if a court has made a direction under section 97A(2) or (4).

42

In section 118 of that Act (application of provisions about fine enforcement), in subsection (2) omit paragraph (k).

43

(1) Section 121 of that Act (application, recall and variation) is amended as follows.

(2) In subsection (5), for “(9)” substitute “ (10) ”.

(3) For subsection (9) substitute—

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