Statutory Instruments
Criminal Law
Proceeds Of Crime
Serious Crime Prevention Orders
Made
19th March 2015
The Secretary of State, having consulted the Scottish Ministers in accordance with section 88(6)(c) and (e) and (8) of the Serious Crime Act 2015(1) and the Department of Justice in Northern Ireland in accordance with section 88(7)(b), (c) and (d) and (8) of that Act, makes the following Regulations in exercise of the powers conferred by section 88(1) of that Act:
1. These Regulations may be cited as the Serious Crime Act 2015 (Commencement No. 1) Regulations 2015.
2. The following provisions of the Serious Crime Act 2015 come into force on 3rd May 2015—
(a)section 41 (unauthorised acts causing, or creating risk of, serious damage);
(b)section 42 (obtaining articles for purposes relating to computer misuse);
(c)section 43 (territorial scope of computer misuse offence);
(d)section 44 (savings);
(e)section 45 (offence of participating in activities of organised crime group);
(f)section 47 (serious crime prevention orders: meaning of “serious offence”);
(g)section 48 (powers of crown court to replace orders on breach);
(h)section 49 (extension of order where person charged);
(i)in section 50 (serious crime prevention orders and financial reporting etc), subsections (1)(a) and (c) and (2);
(j)sections 52 to 65 (seizure and forfeiture of drug-cutting agents);
(k)section 66 (child cruelty offence);
(l)section 68 (child sexual exploitation);
(m)section 69 (possession of paedophile manual);
(n)section 84 (termination of pregnancy on grounds of sex of foetus);
(o)section 85(1) (minor and consequential amendments), for the purposes of the provisions listed in sub-paragraph (r) of this regulation;
(p)Schedule 2 (execution of search and seizure warrants);
(q)Schedule 3 (paedophile manuals: providers of information society services); and
(r)in Schedule 4 (minor and consequential amendments)—
(i)paragraph 1;
(ii)paragraph 2;
(iii)paragraphs 7 to 12;
(iv)paragraph 18;
(v)paragraph 58;
(vi)paragraph 62;
(vii)paragraphs 64 and 65;
(viii)paragraph 66(1) and (3);
(ix)paragraph 68(1) and (3) to (5);
(x)paragraph 69;
(xi)paragraph 70(1), (3) and (4);
(xii)paragraph 72;
(xiii)paragraph 73(1) and (5);
(xiv)paragraph 75;
(xv)paragraphs 76 to 80;
(xvi)paragraph 81;
(xvii)paragraph 82; and
(xviii)paragraph 90.
3. The following provisions of the Serious Crime Act 2015 come into force on 1st June 2015—
(a)sections 1 to 4 (confiscation: assets held by defendant and other);
(b)section 5 (time for payment);
(c)section 6 (confiscation and victim surcharge orders);
(d)section 7 (orders for securing compliance with confiscation order);
(e)section 8 (variation or discharge);
(f)section 9 (absconding defenders);
(g)section 10 (default sentences);
(h)section 11 (conditions for exercise of restraint order powers);
(i)section 12 (continuation of restraint order after quashed conviction);
(j)section 14 (seized money etc);
(k)section 37 (exemption from civil liability for money-laundering disclosures);
(l)section 39 (external orders and investigations: meaning of “obtaining property”);
(m)section 40 (confiscation orders by magistrates’ courts);
(n)section 51 (injunctions to prevent gang-related violence and drug-dealing activity);
(o)section 78 (knives and offensive weapons in prisons);
(p)section 85(1), for the purposes of the provisions listed in sub-paragraph (q) of this regulation; and
(q)in Schedule 4—
(i)paragraph 3;
(ii)paragraph 6;
(iii)paragraphs 19 to 34;
(iv)paragraphs 52 to 54;
(v)paragraphs 56 to 57;
(vi)paragraph 59;
(vii)paragraph 61;
(viii)paragraph 67;
(ix)paragraphs 83 to 86;
(x)paragraph 87(1), (3) and (4); and
(xi)paragraph 89.
Karen Bradley
Parliamentary Under Secretary of State
Home Office
19th March 2015
(This note is not part of the Regulations)
These Regulations are the first commencement regulations made under the Serious Crime Act 2015 (c. 9) (“the 2015 Act”).
Regulation 2 brings into force on 3rd May 2015 provisions of the 2015 Act relating to computer misuse, serious crime prevention orders, the seizure and forfeiture of drug-cutting agents, child cruelty, child sexual exploitation, termination of pregnancy on grounds of sex of foetus and the new offences of participating in the activities of an organised crime group and the possession of a paedophile manual. Regulation 2 also brings into force on the same date consequential amendments in Schedule 4 to the 2015 Act that relate to these provisions, and to sections 72 and 80 of the 2015 Act, which are commenced by section 88(4) and (5) of the Act.
Regulation 3 brings into force on 1st June 2015 provisions of the 2015 Act relating to confiscation and civil recovery under the Proceeds of Crime Act 2002 (c. 29), injunctions to prevent gang-related violence and drug-dealing activity and the new offence of unauthorised possession of a knife or other offensive weapon in prison, as well as the consequential amendments in Schedule 4 to the 2015 Act that relate to these provisions.