Serious Organised Crime and Police Act 2005

Serious Organised Crime and Police Act 2005

2005 CHAPTER 15

The Act

Commentary on Sections

Schedule 1: The Serious Organised Crime Agency

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

117. The purpose of this section is to provide a legal basis for civil liabilities arising from operations of joint investigation teams involving members of SOCA’s staff and law enforcement officers from abroad. The United Kingdom is obliged, if it agrees to the setting up of such teams through its participation in international agreements such as the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union, to provide arrangements for the satisfaction of civil claims that may arise from actions of team members when they are not operating in their own country. These arrangements are intended to provide a firm legal basis for the setting up of such teams which are important in strengthening police co-operation between participating countries by allowing for the speedier and more effective sharing of information and expertise across national boundaries in combating the common threat from serious and organised crime.

118. The section extends the liability of SOCA by providing that it is to be liable for any unlawful conduct of members of international joint investigation teams (JIT) formed in accordance with the specified international agreements. The section also applies section 29(1) so that SOCA may make discretionary payments in respect of damages and costs arising out of unlawful conduct by members of such teams. The specified agreements may be added to by an order made by the Secretary of State, subject to the negative resolution procedure.

119. Subsection (6) provides that where SOCA makes a payment of damages or costs awarded against it for unlawful conduct by a member of a JIT and any reimbursement is made to the Secretary of State under an international agreement for the payment made by SOCA, the Secretary of State must reimburse those funds to SOCA.