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Serious Organised Crime and Police Act 2005

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Serious Organised Crime and Police Act 2005. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary

    1. Part 1: The Serious Organised Crime Agency

    2. Part 2: Investigations, prosecutions and other measures

    3. Part 3: Police powers

    4. Part 4: Public order and conduct in public places

    5. Part 5: Miscellaneous

    6. Part 6: Final provisions

  3. Background

    1. Part 1: The Serious Organised Crime Agency

    2. Part 2: Investigations, prosecutions and other measures

    3. Part 3: Police powers

    4. Part 4: Public order and conduct in public places

      1. Harassment

      2. Trespass on designated sites

      3. Demonstrations in the vicinity of Parliament

    5. Part 5: Miscellaneous

      1. Interference with activities of animal research organisations

      2. Vehicle registration and road traffic offences

      3. Local policing information

      4. Royal Parks

      5. Criminal record checks

      6. Witness summons

      7. Private Security Industry Act 2001: Scotland

  4. Territorial Extent

  5. Territorial Application: Wales

  6. The Act

    1. Commentary on Sections

      1. Part 1: The Serious Organised Crime Agency

        1. Chapter 1: SOCA: Establishment and activities

          1. Section 1: Establishment of Serious Organised Crime Agency

      2. Schedule 1: The Serious Organised Crime Agency

        1. Paragraph 1: Membership

        2. Paragraphs 2-5: Tenure of office: chairman and ordinary members

        3. Paragraph 6: Remuneration, pensions of chairman and ordinary members

        4. Paragraph 9: The Director General

        5. Paragraph 10: Termination or suspension of appointment of Director General

        6. Paragraphs 12-13: Remuneration and pensions of staff

        7. Paragraph 21: General powers

        8. Section 2: Functions of SOCA as to serious organised crime

        9. Section 3: Functions of SOCA as to information relating to crime

        10. Section 4: Exercise of functions: general considerations

        11. Section 5: SOCA's general powers

        12. Section 6: Annual plans

        13. Section 7: Annual reports

        14. Section 8: General duty of Secretary of State and Scottish Ministers

        15. Section 9: Strategic priorities

        16. Section 10: Codes of practice

        17. Section 11: Reports to Secretary of State

        18. Section 12: Power to direct submission of action plan

        19. Section 13: Revision of inadequate action plan

        20. Section 14: Procedure for giving directions under section 12

        21. Section 15: Reports relating to directions under section 12

        22. Section 16: Inspections

        23. Section 17: Grants by Secretary of State

        24. Section 18: Determinations relating to grants under section 17

        25. Section 19: Charges by SOCA and other receipts

        26. Section 20: Accounts

        27. Section 21: Operational responsibility of Director General

        28. Section 22: Activities in Scotland in relation to crime

        29. Sections 23 and 24: Mutual assistance between SOCA and law enforcement agencies

        30. Section 25: Directed arrangements: Scotland

        31. Section 26: Use by SOCA of police premises

        32. Section 27: Regulations as to equipment

        33. Section 28: Liability of SOCA for acts of seconded staff

        34. Section 29: Payment by SOCA of amounts in connection with unlawful conduct of employees

        35. Section 30: Application of sections 28 and 29 to members of joint investigation teams

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

        37. Section 32: Use of information by SOCA

        38. Section 33: Disclosure of information by SOCA

        39. Section 34: Disclosure of information to SOCA

        40. Section 35: Restrictions on further disclosure

        41. Section 36: General duty of police to pass information to SOCA

        42. Section 37: General duty on police to assist SOCA

        43. Section 38: Prosecution of offences investigated by SOCA

        44. Section 39: Directions as to reference of cases and proceedings to appropriate prosecutor

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

        46. Section 41: Directions

        47. Section 42: Interpretation of Chapter 1

      3. Chapter 2: SOCA: Special powers of designated staff

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

        2. Section 44: Delegation of power to designate

        3. Section 45: Modification or withdrawal of designations

        4. Section 46: Person having powers of a constable

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

        6. Section 48: Person having customs powers

        7. Section 49: Person having powers of an immigration officer

        8. Section 50: Designations: supplementary

        9. Section 51: Assaults, obstruction or deception in connection with designations

        10. Section 52: Modification of enactments

        11. Section 53: Employment provisions

        12. Section 54: Interpretation of Chapter 2

      4. Chapter 3: SOCA: Miscellaneous and supplementary

        1. Section 55 and Schedule 2: Complaints and misconduct

        2. Section 56: Application of discrimination legislation to SOCA seconded staff

        3. Section 57: Assaults or obstruction in connection with joint investigation teams

        4. Section 58: Transfers to SOCA

        5. Section 59 and Schedule 4: Minor and consequential amendments relating to SOCA

      5. Part 2: Investigations, prosecutions, proceedings and proceeds of crime

        1. Chapter 1: Investigatory powers of

          1. Sections 60-63: Investigatory powers of ; Offences to which this Chapter applies; Disclosure notices; Production of documents

          2. Section 64: Restrictions on requiring information

          3. Section 65: Restrictions on use of statements

          4. Section 66: Power to enter and seize documents

          5. Section 67: Offences in connection with disclosure notices or search warrants

          6. Section 68: Procedure applicable to search warrants

          7. Section 69: Manner in which disclosure notice may be given

          8. Section 70: Interpretation

        2. Chapter 2: Offenders assisting investigations and prosecutions

          1. Section 71: Assistance by offender: immunity from prosecution

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

          3. Section 73: Assistance by defendant: reduction in sentence

          4. Section 74: Assistance by defendant: review of sentence

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

        3. Chapter 3: Financial reporting orders

          1. Section 76: Financial reporting orders: making

          2. Section 77: Financial reporting orders: making in Scotland

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

          4. Section 79: Financial reporting orders: effect

          5. Section 80: Financial reporting orders: variation and revocation

          6. Section 81: Financial reporting orders: verification and disclosure

        4. Chapter 4: Protection of witnesses and other persons

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

      6. Schedule 5: Persons specified for the purposes of section 82

        1. Section 83: Joint arrangements

        2. Section 84: Transfer of responsibility to other protection provider

        3. Section 85: Duty to assist protection providers

        4. Section 86: Offence of disclosing information about protection arrangements

        5. Section 87: Defences to liability under section 86

        6. Section 88: Offences of disclosing information relating to persons assuming new identity

        7. Section 89: Defences to liability under section 88

        8. Section 90: Protection from liability

        9. Section 91: Transitional provision

        10. Section 92: Transitional provision: supplemental

        11. Section 93: Provision of information

        12. Section 94: Interpretation of Chapter 4

      7. Chapter 5: International Obligations

        1. Section 95: Enforcement of overseas forfeiture orders

        2. Section 96: Mutual assistance in freezing property or evidence

      8. Chapter 6: Proceeds of Crime

        1. Section 97: Confiscation orders by magistrates’ courts

        2. Section 98: Civil recovery: freezing orders

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

        4. Section 100: Detention of seized cash: meaning of "48 hours"

        5. Section 101: Appeal in proceedings for forfeiture of cash

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

        7. Section 103: Money laundering: threshold amounts

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

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

        10. Section 106: Money laundering: miscellaneous amendments

        11. Section 107: Money laundering offences

        12. Section 108: International co-operation

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

      9. Part 3: Police powers

        1. Sections 110 and 111: Powers of arrest

        2. Section 112: Power to direct a person to leave a place

        3. Section 113: Search warrants: premises

        4. Section 114: Search warrants: other amendments

        5. Section 115: Power to stop and search for prohibited fireworks

        6. Section 116: Photographing of suspects

        7. Section 117: Fingerprints

        8. Section 118: Impressions of footwear

        9. Section 119: Intimate samples

        10. Sections 120 and 121: Staff custody officers: designation and amendments to

        11. Section 122: Powers of designated and accredited persons

      10. Schedule 8: Powers of designated and accredited persons

      11. Part 1: Designated persons

      12. Part 2: Accredited persons

      13. Schedule 9: Additional powers and duties of designated persons

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

        2. Section 124: Interpretation of Part 3

      14. Part 4: Public order and conduct in public places

        1. Section 125: Harassment intended to deter lawful activities

        2. Section 126: Harassment of a person in his home

        3. Section 127: Harassment : police direction to stay away from person's home

        4. Section 128: Offence of trespassing on designated site

        5. Section 129: Corresponding Scottish offence

        6. Section 130: Designated sites: powers of arrest

        7. Section 131: Designated sites: access

        8. Section 132: Demonstrating without authorisation in designated area

        9. Section 133: Notice of demonstrations in designated area

        10. Section 134: Authorisation of demonstrations in designated area

        11. Section 135: Supplementary directions

        12. Section 136: Offences under sections 132 to 135: penalties

        13. Section 137: Loudspeakers in designated area

        14. Section 138: The designated area

        15. Section 139: Orders about anti-social behaviour

        16. Section 140: Variation and discharge of anti-social behaviour orders made on conviction

        17. Section 141: Anti-social behaviour orders : reporting restrictions

        18. Section 142: Contracting out of local authority functions relating to anti-social behaviour orders

        19. Section 143: Special measures for witnesses in proceedings for anti-social behaviour orders

        20. Section 144: Parental compensation orders

      15. Schedule 10: Parental compensation orders

      16. Part 5: Miscellaneous

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

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

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

        4. Section 148: Animal research organisations

        5. Section 149: Extension of sections 145 to 147

        6. Section 150: Offence in respect of incorrectly registered vehicles

        7. Section 151: Power of constables to require production of registration documents in respect of a vehicle

        8. Section 152: Power to seize vehicles driven without licence or insurance

        9. Section 153: Disclosure of information about insurance status of vehicles

        10. Section 154: Power to require specimens of breath at roadside or at hospital

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

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

        13. Section 157: Publication of local policing information

        14. Section 158: Responsibilities in relation to the health and safety of police

        15. Section 159 and Schedule 11: Investigations: accelerated procedure in special cases

        16. Section 160 and Schedule 12: Investigations: deaths and serious injuries after contact with the police

        17. Section 161: Abolition of Royal Parks Constabulary

      17. Schedule 13: Abolition of Royal Parks Constabulary: Supplementary

        1. Section 162: Regulation of specified parks

        2. Sections 163 to 168: Criminal record checks

        3. Section 163: Criminal record certificates

        4. Section 164: Criminal records checks: verification of identity

        5. Section 165: Certain references to police forces

        6. Section 166: Further amendments to Police Act 1997 as it applies to Scotland

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

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

        9. Section 169: Powers of Crown Court and Magistrates' Court to issue witness summons

        10. Section 170: Powers of courts-martial to issue warrants of arrest in respect of witnesses

        11. Section 171: Private Security Industry Act 2001: Scottish extent

      18. Schedule 15: Private Security Industry Act 2001: Scottish extent

      19. Part 6: Final provisions

        1. Section 172: Orders and regulations

        2. Section 173: Supplementary, incidental, consequential provision

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

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

        5. Section 176: Expenses

        6. Section 177: Interpretation

        7. Section 178: Commencement

        8. Section 179: Short title and extent

  7. Commencement

  8. Hansard References

  9. GLOSSARY

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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