Part 1Serious Crime Prevention Orders
General safeguards in relation to orders
8Limited class of applicants for making of orders
F1F2(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;
(iii)
the Director of the Serious Fraud Office; F5or
(iv)
subject to subsection (2), a chief officer of police;
F6(aa)
in the case of an order in Scotland F7—
(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 F8—
(i)
the Director of Public Prosecutions for Northern Ireland; or
(ii)
subject to subsection (2), the chief officer of police.
F9(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.
F1(1)
A serious crime prevention order may be made by the High Court in England and Wales—
(a)
only on an application by—
(i)
the Director of Public Prosecutions,
(ii)
the Director of the Serious Fraud Office,
(iii)
the Director General of the National Crime Agency,
(iv)
the Commissioners for His Majesty’s Revenue and Customs,
(v)
the chief officer of police of a police force in England and Wales,
(vi)
the Chief Constable of the British Transport Police Force, or
(vii)
the Chief Constable of the Ministry of Defence Police, and
(b)
in the case of an application by a person listed in paragraph (a)(iii) to (vii), only if the person has consulted the Director of Public Prosecutions.
(2)
A serious crime prevention order may be made by the Crown Court in England and Wales—
(a)
only on an application by—
(i)
the Director of Public Prosecutions,
(ii)
the Director of the Serious Fraud Office, or
(iii)
the chief officer of police of a police force in England and Wales, and
(b)
in the case of an application by the chief officer of police of such a police force, only if—
(i)
it is an application for an order under section 19 or 19A that is terrorism-related (see section 8A), and
(ii)
the chief officer has consulted the Director of Public Prosecutions.
(3)
A serious crime prevention order may be made by a court or sheriff in Scotland—
(a)
only on an application by—
(i)
the Lord Advocate, or
(ii)
the chief constable of the Police Service of Scotland, and
(b)
in the case of an application by the chief constable, only if—
(i)
it is an application for an order under section 1 that is terrorism-related (see section 8A),
(ii)
the chief constable has consulted the Lord Advocate, and
(iii)
it is an application made to the Court of Session (and not to the sheriff).
(4)
A serious crime prevention order may be made by a court in Northern Ireland—
(a)
only on an application by—
(i)
the Director of Public Prosecutions for Northern Ireland, or
(ii)
the Chief Constable of the Police Service of Northern Ireland, and
(b)
in the case of an application by the Chief Constable, only if—
(i)
it is an application for an order under section 1 that is terrorism-related (see section 8A), and
(ii)
the Chief Constable has consulted the Director of Public Prosecutions for Northern Ireland.