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Serious Organised Crime and Police Act 2005

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Changes over time for: Section 71

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Changes to legislation:

Serious Organised Crime and Police Act 2005, Section 71 is up to date with all changes known to be in force on or before 24 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

71Assistance by offender: immunity from prosecutionE+W+N.I.

This section has no associated Explanatory Notes

(1)If a specified prosecutor thinks that for the purposes of the investigation or prosecution of [F1an indictable offence or an offence triable either way] it is appropriate to offer any person immunity from prosecution [F2for any offence] he may give the person a written notice under this subsection (an “immunity notice”).

(2)If a person is given an immunity notice, no proceedings for an offence of a description specified in the notice may be brought against that person in England and Wales or Northern Ireland except in circumstances specified in the notice.

(3)An immunity notice ceases to have effect in relation to the person to whom it is given if the person fails to comply with any conditions specified in the notice.

(4)Each of the following is a specified prosecutor—

(a)the Director of Public Prosecutions;

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the Director of the Serious Fraud Office;

(d)the Director of Public Prosecutions for Northern Ireland;

[F4[F5(da)the Financial Conduct Authority;

(daa)the Prudential Regulation Authority;

(dab)the Bank of England, where the indictable offence or offence triable either way which is being investigated or prosecuted is an offence under the Financial Services and Markets Act 2000;]

(db)the [F6Secretary of State for Business and Trade], acting personally;]

(e)a prosecutor designated for the purposes of this section by a prosecutor mentioned in paragraphs (a) to [F7(db)].

(5)The Director of Public Prosecutions or a person designated by him under subsection (4)(e) may not give an immunity notice in relation to proceedings in Northern Ireland.

(6)The Director of Public Prosecutions for Northern Ireland or a person designated by him under subsection (4)(e) may not give an immunity notice in relation to proceedings in England and Wales.

[F8(6A)In exercising the power to designate a prosecutor under subsection (4)(e), the [F9Financial Conduct Authority, the Prudential Regulation Authority, the Bank of England] and the [F10Secretary of State for Business and Trade] may each designate only—

(a)one prosecutor (a “chief prosecutor”) to act at any one time, and

(b)an alternative prosecutor (a “deputy prosecutor”) to act as a specified prosecutor—

(i)when the chief prosecutor is unavailable, or

(ii)during any period when no chief prosecutor is designated.

[F11(6B)Paragraph 8(1) of Schedule 1ZA F12... to the Financial Services and Markets Act 2000 (arrangements for discharging functions) [F13and paragraph 17(1) of Schedule 6A to the Bank of England Act 1998 (delegation of functions)] do not apply to the exercise of the powers conferred on the Financial Conduct Authority or the Prudential Regulation Authority under this Chapter.

(6BA)Paragraph 11 of Schedule 1 to the Bank of England Act 1998 (power to delegate) does not apply to the exercise of the powers conferred on the Bank of England under this Chapter.]

(6C)An immunity notice may be given by the [F14Financial Conduct Authority, the Prudential Regulation Authority, the Bank of England], the [F15Secretary of State for Business and Trade] or a prosecutor designated by [F16any of them] under subsection (4)(e), only with the consent of the Attorney General.]

(7)An immunity notice must not be given in relation to an offence under section 188 of the Enterprise Act 2002 (c. 40) (cartel offences).

Textual Amendments

F5S. 71(4)(da)-(dab) substituted for s. 71(4)(da) (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 106(2) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F7Word in s. 71(4)(e) substituted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 113(3)(b), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 6

F11S. 71(6B)(6BA) substituted for s. 71(6B) (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 106(4) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

Modifications etc. (not altering text)

Commencement Information

I1S. 71 in force at 1.4.2006 by S.I. 2006/378, art. 5(1)

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