Office of Public Sector Information
PART 1 continued
(1) Subsection (2) applies where the Crown Court in England and Wales is dealing with a person who—
(a) has been convicted by or before a magistrates' court of having committed a serious offence in England and Wales and has been committed to the Crown Court to be dealt with; or
(b) has been convicted by or before the Crown Court of having committed a serious offence in England and Wales.
(2) The Crown Court may, in addition to dealing with the person in relation to the offence, make an order if it has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales.
(3) Subsection (4) applies where the Crown Court in Northern Ireland is dealing with a person who has been convicted by or before the Crown Court of having committed a serious offence in Northern Ireland.
(4) The Crown Court may, in addition to dealing with the person in relation to the offence, make an order if it has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Northern Ireland.
(5) An order under this section may contain—
(a) such prohibitions, restrictions or requirements; and
(b) such other terms;
as the court considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the person concerned in serious crime in England and Wales or (as the case may be) Northern Ireland.
(6) The powers of the court in respect of an order under this section are subject to sections 6 to 15 (safeguards).
(7) An order must not be made under this section except—
(a) in addition to a sentence imposed in respect of the offence concerned; or
(b) in addition to an order discharging the person conditionally.
(8) An order under this section is also called a serious crime prevention order.
(1) Subsection (2) applies where the Crown Court in England and Wales is dealing with a person who—
(a) has been convicted by or before a magistrates' court of having committed a serious offence in England and Wales and has been committed to the Crown Court to be dealt with; or
(b) has been convicted by or before the Crown Court of having committed a serious offence in England and Wales.
(2) The Crown Court may—
(a) in the case of a person who is the subject of a serious crime prevention order in England and Wales; and
(b) in addition to dealing with the person in relation to the offence;
vary the order if the court has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales.
(3) Subsection (4) applies where the Crown Court in Northern Ireland is dealing with a person who has been convicted by or before the Crown Court of having committed a serious offence in Northern Ireland.
(4) The Crown Court may—
(a) in the case of a person who is the subject of a serious crime prevention order in Northern Ireland; and
(b) in addition to dealing with the person in relation to the offence;
vary the order if the court has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Northern Ireland.
(5) A variation under this section may be made only on an application by the relevant applicant authority.
(6) A variation must not be made except—
(a) in addition to a sentence imposed in respect of the offence concerned; or
(b) in addition to an order discharging the person conditionally.
(7) A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).
(1) Subsection (2) applies where the Crown Court in England and Wales is dealing with a person who—
(a) has been convicted by or before a magistrates' court of having committed an offence under section 25 in relation to a serious crime prevention order and has been committed to the Crown Court to be dealt with; or
(b) has been convicted by or before the Crown Court of having committed an offence under section 25 in relation to a serious crime prevention order.
(2) The Crown Court may—
(a) in the case of an order in England and Wales; and
(b) in addition to dealing with the person in relation to the offence;
vary the order if it has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales.
(3) Subsection (4) applies where the Crown Court in Northern Ireland is dealing with a person who has been convicted by or before the Crown Court of an offence under section 25 in relation to a serious crime prevention order.
(4) The Crown Court may—
(a) in the case of an order in Northern Ireland; and
(b) in addition to dealing with the person in relation to the offence;
vary the order if it has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Northern Ireland.
(5) A variation under this section may be made only on an application by the relevant applicant authority.
(6) A variation must not be made except—
(a) in addition to a sentence imposed in respect of the offence concerned; or
(b) in addition to an order discharging the person conditionally.
(7) A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).
(1) The fact that a serious crime prevention order has been made or varied by the High Court does not prevent it from being varied by the Crown Court in accordance with this Part.
(2) The fact that a serious crime prevention order has been made or varied by the Crown Court does not prevent it from being varied or discharged by the High Court in accordance with this Part.
(3) A decision by the Crown Court not to make an order under section 19 does not prevent a subsequent application to the High Court for an order under section 1 in consequence of the same offence.
(4) A decision by the Crown Court not to vary a serious crime prevention order under section 20 or 21 does not prevent a subsequent application to the High Court for a variation of the order in consequence of the same offence.
(1) An appeal may be made to the Court of Appeal in relation to a decision of the High Court—
(a) to make a serious crime prevention order;
(b) to vary, or not to vary, such an order; or
(c) to discharge or not to discharge such an order;
by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(1), (2) or (as the case may be) (3).
(2) Subsection (1) is without prejudice to the rights of other persons to make appeals, by virtue of section 16 of the Senior Courts Act 1981 (c. 54) or section 35 of the Judicature (Northern Ireland) Act 1978 (c. 23), in relation to any judgments or orders of the High Court about serious crime prevention orders.
(1) An appeal against a decision of the Crown Court in relation to a serious crime prevention order may be made to the Court of Appeal by—
(a) the person who is the subject of the order; or
(b) the relevant applicant authority.
(2) In addition, an appeal may be made to the Court of Appeal in relation to a decision of the Crown Court—
(a) to make a serious crime prevention order; or
(b) to vary, or not to vary, such an order;
by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(4).
(3) Subject to subsection (4), an appeal under subsection (1) or (2) lies only with the leave of the Court of Appeal.
(4) An appeal under subsection (1) or (2) lies without the leave of the Court of Appeal if the judge who made the decision grants a certificate that the decision is fit for appeal under this section.
(5) Subject to any rules of court made under section 53(1) of the Senior Courts Act 1981 (c. 54) (distribution of business between civil and criminal divisions), the criminal division of the Court of Appeal is the division which is to exercise jurisdiction in relation to an appeal under subsection (1) or (2) from a decision of the Crown Court in the exercise of its jurisdiction in England and Wales under this Part.
(6) An appeal against a decision of the Court of Appeal on an appeal to that court under subsection (1) or (2) may be made to the Supreme Court by any person who was a party to the proceedings before the Court of Appeal.
(7) An appeal under subsection (6) lies only with the leave of the Court of Appeal or the Supreme Court.
(8) Such leave must not be granted unless—
(a) it is certified by the Court of Appeal that a point of law of general public importance is involved in the decision; and
(b) it appears to the Court of Appeal or (as the case may be) the Supreme Court that the point is one which ought to be considered by the Supreme Court.
(9) The Secretary of State may for the purposes of this section by order make provision corresponding (subject to any specified modifications) to that made by or under an enactment and relating to—
(a) appeals to the Court of Appeal under Part 1 of—
(i) the Criminal Appeal Act 1968 (c. 19); or
(ii) the Criminal Appeal (Northern Ireland) Act 1980 (c. 47);
(b) appeals from any decision of the Court of Appeal on appeals falling within paragraph (a); or
(c) any matter connected with or arising out of appeals falling within paragraph (a) or (b).
(10) An order under subsection (9) may, in particular, make provision about the payment of costs.
(11) The power to make an appeal to the Court of Appeal under subsection (1)(a) operates instead of any power for the person who is the subject of the order to make an appeal against a decision of the Crown Court in relation to a serious crime prevention order by virtue of—
(a) section 9 or 10 of the Criminal Appeal Act 1968; or
(b) section 8 of the Criminal Appeal (Northern Ireland) Act 1980.
(12) Section 33(3) of the Criminal Appeal Act 1968 (limitation on appeal from criminal division of the Court of Appeal: England and Wales) does not prevent an appeal to the Supreme Court under subsection (6) above.
(1) A person who, without reasonable excuse, fails to comply with a serious crime prevention order commits an offence.
(2) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine or to both.
(3) In the application of subsection (2)(a) in Northern Ireland, the reference to 12 months is to be read as a reference to 6 months.
(4) In proceedings for an offence under this section, a copy of the original order or any variation of it, certified as such by the proper officer of the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings.
(1) The court before which a person is convicted of an offence under section 25 may order the forfeiture of anything in his possession at the time of the offence which the court considers to have been involved in the offence.
(2) Before making an order under subsection (1) in relation to anything the court must give an opportunity to make representations to any person (in addition to the convicted person) who claims to be the owner of that thing or otherwise to have an interest in it.
(3) An order under subsection (1) may not be made so as to come into force at any time before there is no further possibility (ignoring any power to appeal out of time) of the order being varied or set aside on appeal.
(4) Where the court makes an order under subsection (1), it may also make such other provision as it considers to be necessary for giving effect to the forfeiture.
(5) That provision may, in particular, include provision relating to the retention, handling, destruction or other disposal of what is forfeited.
(6) Provision made by virtue of this section may be varied at any time by the court that made it.
(1) The Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office may present a petition to the court for the winding up of a company, partnership or relevant body if—
(a) the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
(b) the Director concerned considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up.
(2) The Insolvency Act 1986 (c. 45) applies in relation to—
(a) a petition under this section for the winding up of a company; and
(b) the company’s winding up;
as it applies in relation to a petition under section 124A of the Act of 1986 for the winding up of a company and the company’s winding up (winding up on grounds of public interest) but subject to the modifications in subsections (3) and (4).
(3) Section 124(4)(b) of the Act of 1986 (application for winding up) applies in relation to a petition under this section as if it permits the petition to be presented by the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office.
(4) The court may make an order under section 125 of the Act of 1986 (powers of court on hearing of petition) to wind up the company only if—
(a) the company has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
(b) the court considers that it is just and equitable for the company to be wound up.
(5) Section 420 of the Act of 1986 (power to make provision about insolvent partnerships) applies for the purposes of this section as if the reference to an insolvent partnership were a reference to a partnership to which this section applies.
(6) The appropriate Minister may by order provide for the Act of 1986 to apply, with such modifications as that person considers appropriate, in relation to a petition under this section for the winding up of a relevant body and the relevant body’s winding up.
(7) An order made by virtue of subsection (5) or (6) must ensure that the court may make an order to wind up the partnership or relevant body only if—
(a) the partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
(b) the court considers that it is just and equitable for the partnership or relevant body to be wound up.
(8) No petition may be presented to, or order to wind up made by, a court in Scotland by virtue of this section in respect of a company, partnership or relevant body whose estate may be sequestrated under the Bankruptcy (Scotland) Act 1985 (c. 66).
(9) No petition may be presented, or order to wind up made, by virtue of this section if—
(a) an appeal against conviction for the offence concerned has been made and not finally determined; or
(b) the period during which such an appeal may be made has not expired.
(10) No petition may be presented, or order to wind up made, by virtue of this section if the company, partnership or relevant body is already being wound up by the court.
(11) In deciding for the purposes of subsection (9) whether an appeal is finally determined or whether the period during which an appeal may be made has expired, any power to appeal out of time is to be ignored.
(12) In this section—
“appropriate Minister” means—
in relation to a relevant body falling within paragraphs (a) to (c) of the definition of “relevant body” below, the Treasury; and
in relation to any other relevant body, the Secretary of State;
“company” has the same meaning as in Parts 1 to 7 of the Insolvency Act 1986 (c. 45) (see section 251 of that Act) but—
does not include a relevant body; and
subject to this, does include an unregistered company within the meaning of Part 5 of that Act (see section 220 of that Act);
“the court” has the same meaning as in Parts 1 to 7 of the Insolvency Act 1986 but does not include a court in Northern Ireland;
“an industrial and provident society” means a society registered under the Industrial and Provident Societies Act 1965 (c. 12) or a society deemed by virtue of section 4 of that Act to be so registered;
“partnership” does not include a relevant body; and
“relevant body” means—
a building society (within the meaning of the Building Societies Act 1986 (c. 53));
an incorporated friendly society (within the meaning of the Friendly Societies Act 1992 (c. 40));
an industrial and provident society;
a limited liability partnership; or
such other description of person as may be specified by order made by the Secretary of State;
and the references to sections 124 to 125 of the Insolvency Act 1986 (c. 45) include references to those sections as applied by section 221(1) of that Act (unregistered companies).
(1) The Director of Public Prosecutions for Northern Ireland may present a petition to the court for the winding up of a company, partnership or relevant body if—
(a) the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
(b) the Director of Public Prosecutions for Northern Ireland considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up.
(2) The Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) applies in relation to—
(a) a petition under this section for the winding up of a company; and
(b) the company’s winding up;
as it applies in relation to a petition under Article 104A of the Order of 1989 for the winding up of a company and the company’s winding up (winding up on grounds of public interest) but subject to the modifications in subsections (3) and (4).
(3) Article 104(5)(b) of the Order of 1989 (application for winding up) applies in relation to a petition under this section as if it permits the petition to be presented by the Director of Public Prosecutions for Northern Ireland.
(4) The court may make an order under Article 105 of the Order of 1989 (powers of court on hearing of petition) to wind up the company only if—
(a) the company has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
(b) the court considers that it is just and equitable for the company to be wound up.
(5) Article 364 of the Order of 1989 (power to make provision about insolvent partnerships) applies for the purposes of this section as if the reference to an insolvent partnership were a reference to a partnership to which this section applies.
(6) The appropriate Minister may by order provide for the Order of 1989 to apply, with such modifications as that person considers appropriate, in relation to a petition under this section for the winding up of a relevant body and the relevant body’s winding up.
(7) An order made by virtue of subsection (5) or (6) must ensure that the court may make an order to wind up the partnership or relevant body only if—
(a) the partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
(b) the court considers that it is just and equitable for the partnership or relevant body to be wound up.
(8) No petition may be presented, or order to wind up made, by virtue of this section if—
(a) an appeal against conviction for the offence concerned has been made and not finally determined; or
(b) the period during which such an appeal may be made has not expired.
(9) No petition may be presented, or order to wind up made, by virtue of this section if the company, partnership or relevant body is already being wound up by the court.
(10) In deciding for the purposes of subsection (8) whether an appeal is finally determined or whether the period during which an appeal may be made has expired, any power to appeal out of time is to be ignored.
(11) In this section—
“appropriate Minister” means—
in relation to a relevant body falling within paragraph (a) or (b) of the definition of “relevant body” below, the Treasury; and
in relation to any other relevant body, the Secretary of State;
“company” has the same meaning as in Parts 2 to 7 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) (see Article 5 of that Order) but—
does not include a relevant body; and
subject to this, does include an unregistered company within the meaning of Part 6 of that Order (see Article 184 of that Order);
“the court” means the High Court in Northern Ireland;
“an industrial and provident society” means a society registered under the Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24) or a society deemed by virtue of section 4 of that Act to be so registered;
“partnership” does not include a relevant body; and
“relevant body” means—
a building society (within the meaning of the Building Societies Act 1986 (c. 53));
an incorporated friendly society (within the meaning of the Friendly Societies Act 1992 (c. 40));
an industrial and provident society;
a limited liability partnership; or
such other description of person as may be specified by order made by the Secretary of State;
and the references to Articles 104 to 105 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) include references to those Articles as applied by Article 185(1) of that Order (unregistered companies).
(1) The Secretary of State may by order make such modifications as he considers appropriate to the application of—
(a) the Insolvency Act 1986 (c. 45) by virtue of section 27(2); or
(b) the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) by virtue of section 28(2).
(2) Any modifications made by virtue of subsection (1) are in addition to the modifications made by section 27(3) and (4) or (as the case may be) section 28(3) and (4).
(3) The Secretary of State may by order make such consequential or supplementary provision, applying with or without modifications any provision made by or under an enactment, as he considers appropriate in connection with section 27(2) to (4) or 28(2) to (4).
(4) An order made by virtue of section 27(5) or (6), section 28(5) or (6) or subsection (1) above may, in particular, contain consequential or supplementary provision applying, with or without modifications, any provision made by or under an enactment.
(1) For the purposes of section 10 in its application to a serious crime prevention order against a body corporate or to the variation of such an order—
(a) a notice setting out the terms of the order or variation—
(i) is delivered to the body corporate in person if it is delivered to an officer of the body corporate in person; and
(ii) is sent by recorded delivery to the body corporate at its last-known address if it is so sent to an officer of the body corporate at the address of the registered office of that body or at the address of its principal office in the United Kingdom; and
(b) the power conferred by subsection (3) of that section is a power to enter any premises where the person exercising the power has reasonable grounds for believing an officer of the body corporate to be and to search those premises for the officer.
(2) If an offence under section 25 committed by a body corporate is proved to have been committed with the consent or connivance of—
(a) an officer of the body corporate; or
(b) a person who was purporting to act in any such capacity;
he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.
(3) Nothing in this section prevents a serious crime prevention order from being made against an officer or employee of a body corporate or against any other person associated with a body corporate.
(4) In this section—
“body corporate” includes a limited liability partnership;
“director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate; and
“officer of a body corporate” means any director, manager, secretary or other similar officer of the body corporate.
(1) A serious crime prevention order against a partnership must be made in the name of the partnership (and not in that of any of the partners).
(2) An order made in the name of the partnership continues to have effect despite a change of partners provided that at least one of the persons who was a partner before the change remains a partner after it.
(3) For the purposes of this Part, a partnership is involved in serious crime in England and Wales, Northern Ireland or elsewhere if the partnership, or any of the partners, is so involved; and involvement in serious crime in England and Wales or Northern Ireland is to be read accordingly.
(4) For the purposes of section 10 in its application to a serious crime prevention order against a partnership or to the variation of such an order—
(a) a notice setting out the terms of the order or variation—
(i) is delivered to the partnership in person if it is delivered to any of the partners in person or to a senior officer of the partnership in person; and
(ii) is sent by recorded delivery to the partnership at its last-known address if it is so sent to any of the partners or to a senior officer of the partnership at the address of the principal office of the partnership in the United Kingdom; and
(b) the power conferred by subsection (3) of that section is a power to enter any premises where the person exercising the power has reasonable grounds for believing a partner or senior officer of the partnership to be and to search those premises for the partner or senior officer.
(5) Proceedings for an offence under section 25 alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of the partners).
(6) For the purposes of such proceedings—
(a) rules of court relating to the service of documents have effect as if the partnership were a body corporate; and
(b) the following provisions apply as they apply in relation to a body corporate—
(i) section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43);
(ii) sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 (c. 46); and
(iii) section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)).
(7) A fine imposed on the partnership on its conviction for an offence under section 25 is to be paid out of the partnership assets.
(8) If an offence under section 25 committed by a partnership is proved to have been committed with the consent or connivance of a partner or a senior officer of the partnership, he (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.
(9) For the purposes of subsection (8)—
(a) references to a partner or to a senior officer of a partnership include references to any person purporting to act in such a capacity; and
(b) subsection (5) is not to be read as prejudicing any liability of a partner under subsection (8).
(10) Nothing in this section prevents a serious crime prevention order from being made against—
(a) a particular partner; or
(b) a senior officer or employee of a partnership or any other person associated with a partnership.
(11) In this section—
“senior officer of a partnership” means any person who has the control or management of the business carried on by the partnership at the principal place where it is carried on; and
“partnership” does not include a limited liability partnership.
Serious Crime Act 2007