Serious Crime Act 2007 (c. 27)

Part 1 U.K. Serious Crime Prevention Orders

General safeguards in relation to orders E+W+N.I.

8 Limited class of applicants for making of orders E+W+N.I.

[F1 (1)] A serious crime prevention order may be made only on an application by—

(a) in the case of an order in England and Wales—

(i) the Director of Public Prosecutions;

F2 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .; F3 ...

(iii) the Director of the Serious Fraud Office; [F4 or

(iv) subject to subsection (2), a chief officer of police;]

[F5 (aa) in the case of an order in Scotland [F6 —

(i) the Lord Advocate; or

(ii) subject to subsection (2), the chief officer of police;]]

(b) in the case of an order in Northern Ireland [F7 —

(i) the Director of Public Prosecutions for Northern Ireland; or

(ii) subject to subsection (2), the chief officer of police.]

[F8 (2) A chief officer of police may make an application for a serious crime prevention order only if—

(a) it is an application for an order under section 1 that is terrorism-related (see section 8A);

(b) the chief officer has consulted—

(i) the Director of Public Prosecutions, in the case of an order in England and Wales;

(ii) the Lord Advocate, in the case of an order in Scotland; or

(iii) the Director for Public Prosecutions for Northern Ireland, in the case of an order in Northern Ireland; and

(c) in the case of an application by the chief constable of the Police Service of Scotland, it is made to the Court of Session (and not to the sheriff).

(3) In this section “chief officer of police”—

(a) in relation to England and Wales, means the chief officer of police of a police force in England and Wales;

(b) in relation to Scotland, means the chief constable of the Police Service of Scotland;

(c) in relation to Northern Ireland, means the Chief Constable of the Police Service of Northern Ireland.]

Textual Amendments

F1 S. 8 renumbered as s. 8(1) (29.6.2021) by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 2(2)

F2 S. 8(a)(ii) 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. 46

F3 Word in s. 8(1)(a) omitted (29.6.2021) by virtue of Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 2(3)(a)(i)

F4 S. 8(1)(a)(iv) and word inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 2(3)(a)(ii)

F5 S. 8(aa) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 9(b); S.I. 2016/148, reg. 3(f)

F6 S. 8(1)(aa)(i)(ii) substituted for words (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 2(3)(b)

F7 S. 8(1)(b)(i)(ii) substituted for words (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 2(3)(c)

F8 S. 8(2)(3) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 2(4)

Commencement Information

I1 S. 8 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)