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Royal arms

Serious Organised Crime and Police Act 2005

2005 CHAPTER 15

CONTENTS

Go to Preamble

  1. Part 1

    The Serious Organised Crime Agency

    1. Chapter 1

      SOCA: establishment and activities

      1. Establishment of SOCA

        1. 1. Establishment of Serious Organised Crime Agency

      2. Functions

        1. 2. Functions of SOCA as to serious organised crime

        2. 3. Functions of SOCA as to information relating to crime

        3. 4. Exercise of functions: general considerations

      3. General powers

        1. 5. SOCA’s general powers

      4. Annual plans and reports

        1. 6. Annual plans

        2. 7. Annual reports

      5. Central supervision and direction

        1. 8. General duty of Secretary of State and Scottish Ministers

        2. 9. Strategic priorities

        3. 10. Codes of practice

        4. 11. Reports to Secretary of State

        5. 12. Power to direct submission of action plan

        6. 13. Revision of inadequate action plan

        7. 14. Procedure for giving directions under section 12

        8. 15. Reports relating to directions under section 12

        9. 16. Inspections

      6. Financial provisions

        1. 17. Grants by Secretary of State

        2. 18. Determinations relating to grants under section 17

        3. 19. Charges by SOCA and other receipts

        4. 20. Accounts

      7. Operational matters

        1. 21. Operational responsibility of Director General

        2. 22. Activities in Scotland in relation to crime

        3. 23. Mutual assistance between SOCA and law enforcement agencies: voluntary arrangements

        4. 24. Mutual assistance between SOCA and law enforcement agencies: directed arrangements

        5. 25. Directed arrangements: Scotland

        6. 26. Use by SOCA of police premises etc.

        7. 27. Regulations as to equipment

      8. Liability for unlawful conduct

        1. 28. Liability of SOCA for acts of seconded staff etc.

        2. 29. Payment by SOCA of amounts in connection with unlawful conduct of employees etc.

        3. 30. Application of sections 28 and 29 to members of joint investigation teams

        4. 31. Liability of special police forces and law enforcement agencies for unlawful conduct of SOCA staff

      9. Use and disclosure of information

        1. 32. Use of information by SOCA

        2. 33. Disclosure of information by SOCA

        3. 34. Disclosure of information to SOCA

        4. 35. Restrictions on further disclosure

      10. General duties of police etc.

        1. 36. General duty of police to pass information to SOCA

        2. 37. General duty of police etc. to assist SOCA

      11. Prosecutions

        1. 38. Prosecution of offences investigated by SOCA

        2. 39. Directions as to reference of cases and proceedings to appropriate prosecutor

        3. 40. Functions of Director of Revenue and Customs Prosecutions as to persons arrested for designated offence

      12. Miscellaneous and supplementary

        1. 41. Directions

        2. 42. Interpretation of Chapter 1

    2. Chapter 2

      SOCA: special powers of designated staff

      1. Designations

        1. 43. Designation of SOCA staff as persons having powers of constable etc.

        2. 44. Delegation of power to designate

        3. 45. Modification or withdrawal of designations

      2. Powers exercisable

        1. 46. Person having powers of a constable

        2. 47. Person having powers of constable: Scotland and Northern Ireland

        3. 48. Person having customs powers

        4. 49. Person having powers of an immigration officer

      3. Exercise of powers

        1. 50. Designations: supplementary

        2. 51. Assaults, obstruction or deception in connection with designations

      4. Supplementary

        1. 52. Modification of enactments

        2. 53. Employment provisions

        3. 54. Interpretation of Chapter 2

    3. Chapter 3

      SOCA: Miscellaneous and supplementary

      1. Complaints and misconduct

        1. 55. Complaints and misconduct

      2. Application of discrimination legislation

        1. 56. Application of discrimination legislation to SOCA seconded staff

      3. Joint investigation teams

        1. 57. Assaults or obstruction in connection with joint investigation teams

      4. Transfers

        1. 58. Transfers to SOCA

      5. Amendments

        1. 59. Minor and consequential amendments relating to SOCA

  2. Part 2

    Investigations, prosecutions, proceedings and proceeds of crime

    1. Chapter 1

      Investigatory powers of DPP, etc.

      1. Introductory

        1. 60. Investigatory powers of DPP etc.

        2. 61. Offences to which this Chapter applies

      2. Disclosure notices

        1. 62. Disclosure notices

        2. 63. Production of documents

        3. 64. Restrictions on requiring information etc.

        4. 65. Restrictions on use of statements

      3. Enforcement

        1. 66. Power to enter and seize documents

        2. 67. Offences in connection with disclosure notices or search warrants

      4. Supplementary

        1. 68. Procedure applicable to search warrants

        2. 69. Manner in which disclosure notice may be given

        3. 70. Interpretation of Chapter 1

    2. Chapter 2

      Offenders assisting investigations and prosecutions

      1. 71. Assistance by offender: immunity from prosecution

      2. 72. Assistance by offender: undertakings as to use of evidence

      3. 73. Assistance by defendant: reduction in sentence

      4. 74. Assistance by defendant: review of sentence

      5. 75. Proceedings under section 74: exclusion of public

    3. Chapter 3

      Financial reporting orders

      1. 76. Financial reporting orders: making

      2. 77. Financial reporting orders: making in Scotland

      3. 78. Financial reporting orders: making in Northern Ireland

      4. 79. Financial reporting orders: effect

      5. 80. Financial reporting orders: variation and revocation

      6. 81. Financial reporting orders: verification and disclosure

    4. Chapter 4

      Protection of witnesses and other persons

      1. 82. Protection of persons involved in investigations or proceedings

      2. 83. Joint arrangements

      3. 84. Transfer of responsibility to other protection provider

      4. 85. Duty to assist protection providers

      5. 86. Offence of disclosing information about protection arrangements

      6. 87. Defences to liability under section 86

      7. 88. Offences of disclosing information relating to persons assuming new identity

      8. 89. Defences to liability under section 88

      9. 90. Protection from liability

      10. 91. Transitional provision

      11. 92. Transitional provision: supplemental

      12. 93. Provision of information

      13. 94. Interpretation of Chapter 4

    5. Chapter 5

      International obligations

      1. 95. Enforcement of overseas forfeiture orders

      2. 96. Mutual assistance in freezing property or evidence

    6. Chapter 6

      Proceeds of crime

      1. 97. Confiscation orders by magistrates' courts

      2. 98. Civil recovery: freezing orders

      3. 99. Civil recovery: interim receivers' expenses etc.

      4. 100. Detention of seized cash: meaning of “48 hours”

      5. 101. Appeal in proceedings for forfeiture of cash

      6. 102. Money laundering: defence where overseas conduct is legal under local law

      7. 103. Money laundering: threshold amounts

      8. 104. Money laundering: disclosures to identify persons and property

      9. 105. Money laundering: form and manner of disclosures

      10. 106. Money laundering: miscellaneous amendments

      11. 107. Money laundering offences

      12. 108. International co-operation

      13. 109. Minor and consequential amendments relating to Chapter 6

  3. Part 3

    Police powers etc.

    1. Powers of arrest

      1. 110. Powers of arrest

      2. 111. Powers of arrest: supplementary

    2. Exclusion zones

      1. 112. Power to direct a person to leave a place

    3. Search warrants

      1. 113. Search warrants: premises

      2. 114. Search warrants: other amendments

    4. Fireworks

      1. 115. Power to stop and search for prohibited fireworks

    5. Photographing of suspects etc.

      1. 116. Photographing of suspects etc.

    6. Fingerprints and footwear impressions

      1. 117. Fingerprints

      2. 118. Impressions of footwear

    7. Intimate samples

      1. 119. Intimate samples

    8. Custody officers

      1. 120. Staff custody officers: designation

      2. 121. Custody officers: amendments to PACE

    9. Designated and accredited persons

      1. 122. Powers of designated and accredited persons

    10. Provision of information for use by police staff

      1. 123. Provision of information for use by police staff

    11. Interpretation of Part 3

      1. 124. Interpretation of Part 3

  4. Part 4

    Public order and conduct in public places etc.

    1. Harassment

      1. 125. Harassment intended to deter lawful activities

      2. 126. Harassment etc. of a person in his home

      3. 127. Harassment etc: police direction to stay away from person’s home

    2. Trespass on designated site

      1. 128. Offence of trespassing on designated site

      2. 129. Corresponding Scottish offence

      3. 130. Designated sites: powers of arrest

      4. 131. Designated sites: access

    3. Demonstrations in vicinity of Parliament

      1. 132. Demonstrating without authorisation in designated area

      2. 133. Notice of demonstrations in designated area

      3. 134. Authorisation of demonstrations in designated area

      4. 135. Supplementary directions

      5. 136. Offences under sections 132 to 135: penalties

      6. 137. Loudspeakers in designated area

      7. 138. The designated area

    4. Anti-social behaviour

      1. 139. Orders about anti-social behaviour etc.

      2. 140. Variation and discharge of anti-social behaviour orders made on conviction

      3. 141. Anti-social behaviour orders etc: reporting restrictions

      4. 142. Contracting out of local authority functions relating to anti-social behaviour orders

      5. 143. Special measures for witnesses in proceedings for anti-social behaviour orders etc.

    5. Parental compensation orders

      1. 144. Parental compensation orders

  5. Part 5

    Miscellaneous

    1. Protection of activities of certain organisations

      1. 145. Interference with contractual relationships so as to harm animal research organisation

      2. 146. Intimidation of persons connected with animal research organisation

      3. 147. Penalty for offences under sections 145 and 146

      4. 148. Animal research organisations

      5. 149. Extension of sections 145 to 147

    2. Vehicle registration and insurance and road traffic offences

      1. 150. Offence in respect of incorrectly registered vehicles

      2. 151. Power of constables etc. to require production of registration documents in respect of a vehicle

      3. 152. Power to seize etc. vehicles driven without licence or insurance

      4. 153. Disclosure of information about insurance status of vehicles

      5. 154. Power to require specimens of breath at roadside or at hospital etc.

      6. 155. Payments by Secretary of State to police authorities in relation to the prevention, detection and enforcement of certain traffic offences

      7. 156. Payments by Scottish Ministers to police authorities etc. in relation to the prevention, detection and enforcement of certain traffic offences

    3. Local policing information

      1. 157. Publication of local policing information

    4. Other miscellaneous police matters

      1. 158. Responsibilities in relation to the health and safety etc. of police

      2. 159. Investigations: accelerated procedure in special cases

      3. 160. Investigations: deaths and serious injuries during or after contact with the police

    5. Royal Parks etc.

      1. 161. Abolition of Royal Parks Constabulary

      2. 162. Regulation of specified parks

    6. Criminal record checks

      1. 163. Criminal record certificates

      2. 164. Criminal records checks: verification of identity

      3. 165. Certain references to police forces

      4. 166. Further amendments to Police Act 1997 as it applies to Scotland

      5. 167. Part 5 of the Police Act 1997: Northern Ireland

      6. 168. Part 5 of the Police Act 1997: Channel Islands and Isle of Man

    7. Witness summonses

      1. 169. Powers of Crown Court and Magistrates' Court to issue witness summons

      2. 170. Powers of courts-martial etc. to issue warrants of arrest in respect of witnesses

    8. Private Security Industry Act 2001: Scotland

      1. 171. Private Security Industry Act 2001: Scottish extent

  6. Part 6

    Final provisions

    1. 172. Orders and regulations

    2. 173. Supplementary, incidental, consequential etc. provision

    3. 174. Minor and consequential amendments, repeals and revocations

    4. 175. Penalties for offences: transitional modification for England and Wales

    5. 176. Expenses

    6. 177. Interpretation

    7. 178. Commencement

    8. 179. Short title and extent

    1. Schedule 1

      The Serious Organised Crime Agency

      1. Part 1

        The Board of SOCA

      2. Part 2

        Director General and other staff

      3. Part 3

        Committees, procedure etc.

      4. Part 4

        General

    2. Schedule 2

      Functions of Independent Police Complaints Commission in relation to SOCA

    3. Schedule 3

      Transfers to SOCA

    4. Schedule 4

      Minor and consequential amendments relating to SOCA

    5. Schedule 5

      Persons specified for the purposes of section 82

    6. Schedule 6

      Minor and consequential amendments relating to Chapter 6 of Part 2

    7. Schedule 7

      Powers of Arrest: supplementary

      1. Part 1

        Specific repeals

      2. Part 2

        General repeal

      3. Part 3

        Amendments relating to references to arrestable offences and serious arrestable offences

      4. Part 4

        Other amendments

    8. Schedule 8

      Powers of designated and accredited persons

      1. Part 1

        Designated persons

      2. Part 2

        Accredited persons

    9. Schedule 9

      Additional powers and duties of designated persons

    10. Schedule 10

      Parental compensation orders

      1. Part 1

        England and Wales

      2. Part 2

        Northern Ireland

    11. Schedule 11

      Investigations into conduct of police officers: accelerated procedure in special cases

    12. Schedule 12

      Investigations of deaths and serious injuries during or after contact with the police

    13. Schedule 13

      Abolition of Royal Parks Constabulary: supplementary

      1. Part 1

        Transfers to Metropolitan Police Authority

      2. Part 2

        Amendments

    14. Schedule 14

      Amendments of Part 5 of Police Act 1997

    15. Schedule 15

      Private Security Industry Act 2001: Scottish extent

    16. Schedule 16

      Remaining minor and consequential amendments (search warrants)

    17. Schedule 17

      Repeals and revocations

      1. Part 1

        Repeals coming into force on Royal Assent

      2. Part 2

        Other repeals and revocations

An Act to provide for the establishment and functions of the Serious Organised Crime Agency; to make provision about investigations, prosecutions, offenders and witnesses in criminal proceedings and the protection of persons involved in investigations or proceedings; to provide for the implementation of certain international obligations relating to criminal matters; to amend the Proceeds of Crime Act 2002; to make further provision for combatting crime and disorder, including new provision about powers of arrest and search warrants and about parental compensation orders; to make further provision about the police and policing and persons supporting the police; to make provision for protecting certain organisations from interference with their activities; to make provision about criminal records; to provide for the Private Security Industry Act 2001 to extend to Scotland; and for connected purposes.

[7th April 2005]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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