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Part 1U.K.Serious Crime Prevention Orders

SupplementaryE+W+N.I.

35Proceedings in the High CourtE+W+N.I.

(1)Proceedings before the High Court in relation to serious crime prevention orders are civil proceedings.

(2)One consequence of this is that the standard of proof to be applied by the court in such proceedings is the civil standard of proof.

Commencement Information

I1S. 35 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(f)

36Proceedings in the Crown CourtE+W+N.I.

(1)Proceedings before the Crown Court arising by virtue of section 19, 20 [F1, 21 or 22E] are civil proceedings.

(2)One consequence of this is that the standard of proof to be applied by the court in such proceedings is the civil standard of proof.

(3)Two other consequences of this are that the court—

(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)The Crown Court, when exercising its jurisdiction in England and Wales under this Part, is a criminal court for the purposes of Part 7 of the Courts Act 2003 (c. 39) (procedure rules and practice directions).

(5)A serious crime prevention order may be made as mentioned in section 19(7)(b) in spite of anything in [F2sections 79, 80 and 82 of the Sentencing Code] or (as the case may be) Articles 4 and 6 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24)) (which relate to orders discharging a person absolutely or conditionally and their effect).

(6)A variation of a serious crime prevention order may be made as mentioned in section 20(6)(b) or 21(6)(b) in spite of anything in sections 12 and 14 of the Act of 2000 or (as the case may be) Articles 4 and 6 of the Order of 1996.

Textual Amendments

Commencement Information

I2S. 36 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(f)

[F336AProceedings in the High Court of Justiciary and sheriff courtE+W+N.I.

(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.]

Textual Amendments

37Functions of applicant authoritiesE+W+N.I.

Schedule 2 (functions of applicant authorities under this Part) has effect.

Commencement Information

I3S. 37 in force at 1.3.2008 for specified purposes by S.I. 2008/219, art. 3(b)

I4S. 37 in force at 6.4.2008 in so far as not already in force by S.I. 2008/755, art. 15(1)(g)

38Disclosure of information in accordance with ordersE+W+N.I.

(1)A person who complies with a requirement imposed by a serious crime prevention order to answer questions, provide information or produce documents does not breach—

(a)any obligation of confidence; or

(b)any other restriction on making the disclosure concerned (however imposed).

(2)But see sections 11 to 14 (which limit the requirements that may be imposed by serious crime prevention orders in connection with answering questions, providing information or producing documents).

Commencement Information

I5S. 38 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(i)

39Compliance with orders: authorised monitorsE+W+N.I.

(1)A serious crime prevention order against a body corporate, partnership or unincorporated association may authorise a law enforcement agency to enter into arrangements with—

(a)a specified person; or

(b)any person who falls within a specified description of persons;

to perform specified monitoring services or monitoring services of a specified description.

(2)A person with whom the agency has entered into arrangements in accordance with such an authorisation is known for the purposes of this section as an authorised monitor.

(3)A serious crime prevention order which provides for an authorised monitor may, for the purpose of enabling the performance of monitoring services, impose requirements of the type mentioned in section 5(5) as if the references in paragraph (a)(iv) and (b)(iv) of that provision to a law enforcement officer included references to an authorised monitor.

(4)A serious crime prevention order which provides for an authorised monitor may require any body corporate, partnership or unincorporated association which is the subject of the order to pay to the law enforcement agency concerned some or all of the costs incurred by the agency under the arrangements with the authorised monitor.

(5)Any such order—

(a)must specify the period, or periods, within which payments are to be made;

(b)may require the making of payments on account;

(c)may include other terms about the calculation or payment of costs.

(6)The tests for making or varying a serious crime prevention order in sections 1(1)(b), (2)(b) and (3), 17(1) and (2), 19(2), (4) and (5), 20(2) and (4) and 21(2) and (4) do not operate in relation to an order so far as the order contains terms of the kind envisaged by subsections (4) and (5) above (or by subsection (1) above for the purposes of those subsections).

(7)But a court must not include in a serious crime prevention order (whether initially or on a variation) terms of the kind envisaged by subsection (4) or (5) unless it considers that it is appropriate to do so having regard to all the circumstances including, in particular—

(a)the means of the body corporate, partnership or unincorporated association concerned;

(b)the expected size of the costs; and

(c)the effect of the terms on the ability of any body corporate, partnership or unincorporated association which is carrying on business to continue to do so.

(8)A law enforcement agency must inform the subject of a serious crime prevention order which provides for an authorised monitor of the name of, and an address for, any person with whom the agency has entered into arrangements in accordance with the authorisation in the order.

(9)Nothing in this section affects the ability of law enforcement agencies to enter into arrangements otherwise than in accordance with an authorisation under this section.

(10)In this section—

Textual Amendments

Commencement Information

I6S. 39 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(i)

40Costs in relation to authorised monitorsE+W+N.I.

(1)The [F8appropriate authority] may by order make provision about the practice and procedure for determining the amount of—

(a)any costs payable by virtue of section 39(4) and (5); and

(b)any interest payable in respect of those costs.

(2)Such provision may, in particular, include provision about appeals.

(3)Where any amounts required to be paid by virtue of section 39(4) and (5) have not been paid within a required period, the law enforcement agency concerned must take reasonable steps to recover them and any interest payable in respect of them.

(4)The [F9appropriate authority] must by order provide for what are reasonable steps for the purposes of subsection (3).

(5)Any amounts which have not been recovered despite the taking of the reasonable steps are [F10recoverable—

(a)in England and Wales and Northern Ireland, as if ] due to the law enforcement agency concerned by virtue of a civil order or judgment.

[F11(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.]

(6)Where any amounts required to be paid by virtue of section 39(4) and (5) are, in the case of an order of the Crown Court, not paid within a required period, the unpaid balance from time to time carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (c. 110) (interest on civil judgment debts).

[F12(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.]

(7)For the purposes of section 25, a failure to comply with a requirement imposed by virtue of section 39(4) and (5) to make payments occurs when the amounts become recoverable as mentioned in subsection (5) above (and not before).

(8)In this section “law enforcement agency” has the same meaning as in section 39.

[F13(9)In this section “the appropriate authority” means—

(a)in relation to serious crime prevention orders in England and Wales, the Secretary of State;

[F14(aa)in relation to serious crime prevention orders in Scotland, the Scottish Ministers;]

(b)in relation to serious crime prevention orders in Northern Ireland, the Department of Justice in Northern Ireland.]

Textual Amendments

Commencement Information

I7S. 40(1)(2)(4) in force at 1.3.2008 by S.I. 2008/219, art. 3(d)

I8S. 40(3) s. 40(5)-(8) in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(j)

41Powers of law enforcement officers to retain documentsE+W+N.I.

(1)A law enforcement officer—

(a)may take and retain copies of, or extracts from, any document produced to a law enforcement officer in pursuance of a serious crime prevention order; and

(b)may retain any document so produced for as long as he considers that it is necessary to retain it (rather than any copy of it) for the purposes for which the document was obtained.

(2)A law enforcement officer may retain any document produced to a law enforcement officer in pursuance of a serious crime prevention order until the conclusion of any legal proceedings if he has reasonable grounds for believing that the document—

(a)may have to be produced for the purposes of those proceedings; and

(b)might be unavailable unless retained.

Commencement Information

I9S. 41 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(k)