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Serious Organised Crime and Police Act 2005

Serious Organised Crime and Police Act 2005

2005 CHAPTER 15

The Act

Commentary on Sections

Part 2: Investigations, prosecutions, proceedings and proceeds of crime
Chapter 3: Financial reporting orders
Section 76: Financial reporting orders: making

178.This section provides that courts can make a financial reporting order in respect of an offender convicted of an offence set out in subsection (3), where it considers the risk of the offender committing similar offences is sufficiently high.

179.The offences set out in subsection (3) are specified deception offences in the Theft Acts 1968 and 1978 or an organised crime lifestyle offence specified in Schedule 2 to the Proceeds of Crime Act 2002. Subsection (4) confers a power on the Home Secretary to amend that list by order subject to the affirmative resolution procedure.

180.Subsections (6) and (7) provide for a maximum duration of the order of 5 years when made in the magistrates' court and 15 years when made in any higher court (20 years for those sentenced to life imprisonment).

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