Serious Crime Act 2007 (c. 27)

Part 1 U.K. Serious Crime Prevention Orders

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

6 Any individual must be 18 or over E+W+N.I.

An individual under the age of 18 may not be the subject of a serious crime prevention order.

Commencement Information

I1 S. 6 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)

[F1 7 Other exceptions E+W+N.I.

(1) A person may not be made the subject of a serious crime prevention order in England and Wales if the person falls within a description specified by order of the Secretary of State.

[F2 (1A) A person may not be made the subject of a serious crime prevention order in Scotland if the person falls within a description specified by order of the Scottish Ministers.]

(2) A person may not be made the subject of a serious crime prevention order in Northern Ireland if the person falls within a description specified by order of the Department of Justice in Northern Ireland.]

Textual Amendments

F1 S. 7 substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 3 (with arts. 28-31)

F2 S. 7(1A) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 8; S.I. 2016/148, reg. 3(f)

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

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;

F3 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) the Director of the Serious Fraud Office; F4 ...

[F5 (aa) in the case of an order in Scotland, the Lord Advocate;]

(b) in the case of an order in Northern Ireland, the Director of Public Prosecutions for Northern Ireland.

Textual Amendments

F3 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

F4 Word in s. 8(a) omitted (1.3.2016) by virtue of Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 9(a); S.I. 2016/148, reg. 3(f)

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)

Commencement Information

I2 S. 8 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)

9 Right of third parties to make representations E+W+N.I.

(1) The High Court [F6 or (in Scotland) the appropriate court] must, on an application by a person, give the person an opportunity to make representations in proceedings before it about the making of a serious crime prevention order if it considers that the making of the order would be likely to have a significant adverse effect on that person.

(2) The High Court [F6 or (in Scotland) the appropriate court] must, on an application by a person, give the person an opportunity to make representations in proceedings before it about the variation of a serious crime prevention order if it considers that—

(a) the variation of the order; or

(b) a decision not to vary it;

would be likely to have a significant adverse effect on that person.

(3) The High Court [F6 or (in Scotland) the appropriate court] must, on an application by a person, give the person an opportunity to make representations in proceedings before it about the discharge of a serious crime prevention order if it considers that—

(a) the discharge of the order; or

(b) a decision not to discharge it;

would be likely to have a significant adverse effect on that person.

(4) The Crown Court must, on an application by a person, give the person an opportunity to make representations in proceedings before it arising by virtue of section 19, 20 [F7 , 21 or 22E] if it considers that the making or variation of the serious crime prevention order concerned (or a decision not to vary it) would be likely to have a significant adverse effect on that person.

[F8 (4A) The High Court of Justiciary must, on an application by a person, give the person an opportunity to make representations in proceedings before it arising by virtue of section 24B(3) if it considers that the making or variation of the serious crime prevention order concerned (or a decision not to vary it) would be likely to have a significant adverse effect on that person.]

(5) A court which is considering an appeal in relation to a serious crime prevention order must, on an application by a person, give the person an opportunity to make representations in the proceedings if that person was given an opportunity to make representations in the proceedings which are the subject of the appeal.

Textual Amendments

F6 Words in s. 9(1)-(3) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 10(2); S.I. 2016/148, reg. 3(f)

F7 Words in s. 9(4) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 76; S.I. 2015/820, reg. 2(r)(xv)

F8 S. 9(4A) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 10(3); S.I. 2016/148, reg. 3(f)

Commencement Information

I3 S. 9 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)

10 Notice requirements in relation to orders E+W+N.I.

(1) The subject of a serious crime prevention order is bound by it or a variation of it only if—

(a) he is represented (whether in person or otherwise) at the proceedings at which the order or (as the case may be) variation is made; or

(b) a notice setting out the terms of the order or (as the case may be) variation has been served on him.

(2) The notice may be served on him by—

(a) delivering it to him in person; or

(b) sending it by recorded delivery to him at his last-known address (whether residential or otherwise).

(3) For the purposes of delivering such a notice to him in person, a constable or a person authorised for the purpose by the relevant applicant authority may (if necessary by force)—

(a) enter any premises where he has reasonable grounds for believing the person to be; and

(b) search those premises for him.

(4) In this Part “the relevant applicant authority” means—

(a) in relation to a serious crime prevention order in England and Wales—

(i) where the order was applied for by the Director of Public Prosecutions, the Director of Public Prosecutions;

F9 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) where the order was applied for by the Director of the Serious Fraud Office, the Director of the Serious Fraud Office; F10 ...

[F11 (aa) in relation to a serious crime prevention order in Scotland, the Lord Advocate;]

(b) in relation to a serious crime prevention order in Northern Ireland, the Director of Public Prosecutions for Northern Ireland.

Textual Amendments

F9 S. 10(4)(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. 47

F10 Word in s. 10(4)(a) omitted (1.3.2016) by virtue of Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 11(a); S.I. 2016/148, reg. 3(f)

F11 S. 10(4)(aa) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 11(b); S.I. 2016/148, reg. 3(f)

Commencement Information

I4 S. 10 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)