Serious Crime Act 2007

Section 37

SCHEDULE 2 U.K. Functions of applicant authorities under Part 1

Director of Public Prosecutions E+W+N.I.

1 E+W+N.I. The functions of the Director of Public Prosecutions under this Part are—

(a) to have the conduct of applications for serious crime prevention orders in England and Wales or for their variation or discharge;

(b) to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in England and Wales;

(c) to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders (whether proceedings on appeal, by virtue of section 27 or otherwise);

(d) to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders; and

(e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

Commencement Information

I1 Sch. 2 para. 1 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

2 (1) The Director may, to such extent as he may decide, delegate the exercise of his functions under this Part to a Crown Prosecutor. E+W+N.I.

(2) References in this Part to the Director are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Director or any Crown Prosecutor.

Commencement Information

I2 Sch. 2 para. 2 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

3 E+W+N.I. The functions of the Director under this Part are exercisable under the superintendence of the Attorney General.

Commencement Information

I3 Sch. 2 para. 3 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

4 (1) The Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (c. 23) (guidelines for Crown Prosecutors) may include guidance by the Director on general principles to be applied by Crown Prosecutors in determining in any case— E+W+N.I.

(a) whether to make an application for a serious crime prevention order in England and Wales or for the variation or discharge of such an order;

(b) whether to present a petition by virtue of section 27 of this Act; or

(c) where such an application has been made or petition presented, whether the proceedings concerned should be discontinued.

(2) Section 10(2) and (3) of that Act (power to make alterations in the Code and duty to set out alterations in Director's report) are to be read accordingly.

Commencement Information

I4 Sch. 2 para. 4 in force at 1.3.2008 by S.I. 2008/219, art. 3(c)

5 E+W+N.I. Section 14 of that Act (power of Attorney General to make regulations about fees of legal representatives and costs and expenses of witnesses) applies in relation to proceedings in connection with serious crime prevention orders and attendance for the purposes of such cases as it applies in relation to criminal proceedings and attendance for the purposes of such cases.

Commencement Information

I5 Sch. 2 para. 5 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

[F1 5A. E+W+N.I. Section 21 of the Commissioners for Revenue and Customs Act 2005 (disclosure to prosecuting authority) has effect as if the purpose mentioned in subsection (1)(b) included the purpose of enabling the Director to exercise the Director’s functions under this Part.]

Textual Amendments

F1 Sch. 2 para. 5A inserted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 52(2)

F2 ... U.K.

Textual Amendments

F2 Sch. 2 para. 6 crossheading omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 52(3)

F3 6 E+W+N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 2 paras. 6-11 omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 52(4)

F3 7 E+W+N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 2 paras. 6-11 omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 52(4)

F3 8 E+W+N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 2 paras. 6-11 omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 52(4)

F3 9 E+W+N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 2 paras. 6-11 omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 52(4)

F3 10 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 2 paras. 6-11 omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 52(4)

F3 11 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 2 paras. 6-11 omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 52(4)

Director of Serious Fraud Office E+W+N.I.

12 E+W+N.I. The functions of the Director of the Serious Fraud Office under this Part are—

(a) to have the conduct of applications for serious crime prevention orders in England and Wales or for their variation or discharge;

(b) to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in England and Wales;

(c) to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders (whether proceedings on appeal, by virtue of section 27 or otherwise);

(d) to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders; and

(e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

Commencement Information

I6 Sch. 2 para. 12 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

13 (1) The Director may, to such extent as he may decide, delegate the exercise of his functions under this Part to a member of the Serious Fraud Office designated under section 1(7) of the Criminal Justice Act 1987 (c. 38). E+W+N.I.

(2) References in this Part to the Director are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1) above, as references to the Director or any member of the Serious Fraud Office so designated.

Commencement Information

I7 Sch. 2 para. 13 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

14 E+W+N.I. The functions of the Director under this Part are exercisable under the superintendence of the Attorney General.

Commencement Information

I8 Sch. 2 para. 14 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

15 E+W+N.I. Paragraph 8 of Schedule 1 to the Criminal Justice Act 1987 (power of Attorney General to make regulations about fees of counsel and costs and expenses of witnesses) applies in relation to proceedings in connection with serious crime prevention orders and attendance for the purposes of such cases as it applies in relation to criminal proceedings and attendance for the purposes of such cases.

Commencement Information

I9 Sch. 2 para. 15 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

[F4 Chief officers of police in England and Wales U.K.

Textual Amendments

F4 Sch. 2 paras. 15A-15D and cross-headings inserted (29.6.2021) by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 11(2)

15A U.K. The functions of a chief officer of police of a police force in England and Wales (referred to in this paragraph and paragraph 15B as a “chief officer”) are—

(a) to have the conduct of applications for serious crime prevention orders in England and Wales that are terrorism-related or for their variation or discharge;

(b) to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in England and Wales that is terrorism-related;

(c) to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders in England and Wales that are terrorism-related (whether proceedings on appeal, by virtue of section 27 or otherwise);

(d) to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders in England and Wales that are terrorism-related; and

(e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

15B (1) A chief officer may, to such extent as they may decide, delegate the exercise of their functions under this Part to any police officer of at least the rank of superintendent. U.K.

(2) References in this Part to a chief officer are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to a chief officer or any police officer of at least the rank of superintendent.

The chief constable of the Police Service of Scotland U.K.

15C U.K. The functions of the chief constable of the Police Service of Scotland are—

(a) to have the conduct of applications for serious crime prevention orders in Scotland that are terrorism-related and are made to the Court of Session, or for their variation or discharge;

(b) to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in Scotland that is terrorism-related;

(c) to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders in Scotland that are terrorism-related (whether proceedings on appeal, by virtue of section 27A or otherwise);

(d) to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders in Scotland that are terrorism-related; and

(e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

15D (1) The chief constable of the Police Service of Scotland (“the chief constable”) may, to such extent as they may decide, delegate the exercise of their functions under this Part to any police officer of at least the rank of superintendent. U.K.

(2) References in this Part to the chief constable are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the chief constable or any police officer of at least the rank of superintendent.]

Director of Public Prosecutions for Northern Ireland U.K.

16 E+W+N.I. The functions of the Director of Public Prosecutions for Northern Ireland under this Part are—

(a) to have the conduct of applications for serious crime prevention orders in Northern Ireland or for their variation or discharge;

(b) to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in Northern Ireland;

(c) to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders (whether proceedings on appeal, by virtue of section 28 or otherwise);

(d) to give advice in connection with any proceedings or possible proceedings about serious crime prevention orders; and

(e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

Commencement Information

I10 Sch. 2 para. 16 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

17 E+W+N.I. References in this Part to the Director are to be read, so far as necessary for the purposes of functions delegated by him to Public Prosecutors, as references to the Director or any Public Prosecutor.

Commencement Information

I11 Sch. 2 para. 17 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

18 (1) The Code for Public Prosecutors issued under section 37 of the Justice (Northern Ireland) Act 2002 (c. 26) (guidelines for Public Prosecutors) may include guidance by the Director on general principles to be applied by Public Prosecutors in determining in any case— E+W+N.I.

(a) whether to make an application for a serious crime prevention order in Northern Ireland or for the variation or discharge of such an order;

(b) whether to present a petition by virtue of section 28 of this Act; or

(c) where such an application has been made or petition presented, whether the proceedings concerned should be discontinued.

(2) Sections 37(4) and 39(2) of that Act (power to make alterations in the Code and duty to set out alterations in Director's report) are to be read accordingly.

Commencement Information

I12 Sch. 2 para. 18 in force at 1.3.2008 by S.I. 2008/219, art. 3(c)

19 U.K. Sections 75(1) and (2) and 76(1) of, and Schedule 9 to, the Northern Ireland Act 1998 (c. 47) (duties of public authorities) do not apply to the functions of the Director of Public Prosecutions for Northern Ireland under this Part.

Commencement Information

I13 Sch. 2 para. 19 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

20 E+W+N.I. Section 1 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10 (N.I.)) (expenses of prosecution) applies in relation to proceedings in connection with serious crime prevention orders and attendance for the purposes of such cases as it applies in relation to criminal proceedings and attendance for the purposes of such cases.

Commencement Information

I14 Sch. 2 para. 20 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

[F5 The Chief Constable of the Police Service of Northern Ireland U.K.

Textual Amendments

F5 Sch. 2 paras. 20A, 20B and cross-heading inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 11(3)

20A U.K. The functions of the Chief Constable of the Police Service of Northern Ireland are—

(a) to have the conduct of applications for serious crime prevention orders in Northern Ireland that are terrorism-related or for their variation or discharge;

(b) to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in Northern Ireland that is terrorism-related;

(c) to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders in Northern Ireland that are terrorism-related (whether proceedings on appeal, by virtue of section 28 or otherwise);

(d) to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders in Northern Ireland that are terrorism-related; and

(e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

20B (1) The Chief Constable of the Police Service of Northern Ireland (“the Chief Constable”) may, to such extent as they may decide, delegate the exercise of their functions under this Part to any police officer of at least the rank of superintendent. U.K.

(2) References in this Part to the Chief Constable are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Chief Constable or any police officer of at least the rank of superintendent.]

Interpretation E+W+N.I.

21 E+W+N.I. In this Schedule references to having the conduct of proceedings include references to starting or discontinuing proceedings.

Commencement Information

I15 Sch. 2 para. 21 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)