Serious Crime Act 2007

36 Proceedings in the Crown Court E+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 [F2 sections 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

F1 Words in s. 36(1) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 80; S.I. 2015/820, reg. 2(r)(xv)

F2 Words in s. 36(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 264 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I1 S. 36 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(f)