Law

Serious Crime Act 2007

United Kingdom · statute

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In force since 2026-09-30, as the publisher states.

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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 129 provisions
  1. Title and introductory text
  2. 1 Serious crime prevention orders
  3. 2 Involvement in serious crime: England and Wales orders
  4. 2A Involvement in serious crime: Scotland orders
  5. 3 Involvement in serious crime: Northern Ireland orders
  6. 4 Involvement in serious crime: supplementary
  7. 5 Type of provision that may be made by orders
  8. 5A Verification and disclosure of information
  9. 5B Electronic monitoring requirements
  10. 5C Conditions for imposing electronic monitoring requirements
  11. 5D Data from electronic monitoring: code of practice
  12. 6 Any individual must be 18 or over
  13. 7 Other exceptions
  14. 8 Limited class of applicants for making of orders
  15. 8A Serious crime prevention orders that are terrorism-related
  16. 9 Right of third parties to make representations
  17. 10 Notice requirements in relation to orders
  18. 11 Restrictions on oral answers
  19. 12 Restrictions for legal professional privilege
  20. 13 Restrictions on excluded material and banking information
  21. 14 Restrictions relating to other enactments
  22. 15 Restrictions on use of information obtained
  23. 15A Notification requirements: England and Wales
  24. 16 Duration of orders
  25. 17 Variation of orders
  26. 18 Discharge of orders
  27. 19 Orders by Crown Court on conviction
  28. 20 Powers of Crown Court to vary orders on conviction
  29. 21 Powers of Crown Court to varyor replace orders on breach
  30. 22 Inter-relationship between different types of orders in England and Wales or Northern Ireland
  31. 22A Orders by High Court of Justiciary and sheriff on conviction
  32. 22B Powers of High Court of Justiciary and sheriff to vary orders on conviction
  33. 22C Powers of High Court of Justiciary and sheriff to vary or replace orders on breach
  34. 22D Inter-relationship between different types of orders in Scotland
  35. 22E Extension of orders pending outcome of criminal proceedings
  36. 23 Additional right of appeal from High Court
  37. 24 Appeals from Crown Court
  38. 24A Additional right of appeal from Court of Session
  39. 24B Appeals from High Court of Justiciary and sheriff
  40. 25 Offence of failing to comply with order
  41. 26 Powers of forfeiture in respect of offence
  42. 27 Powers to wind up companies etc: England and Wales ...
  43. 27A Powers to wind up companies etc: Scotland
  44. 28 Powers to wind up companies etc: Northern Ireland
  45. 29 Powers to wind up: supplementary
  46. 30 Bodies corporate including limited liability partnerships
  47. 31 Other partnerships
  48. 32 Unincorporated associations
  49. 33 Overseas bodies
  50. 34 Providers of information society services
  51. 35 Proceedings in the High Court
  52. 36 Proceedings in the Crown Court
  53. 36A Proceedings in the High Court of Justiciary and sheriff court
  54. 37 Functions of applicant authorities
  55. 38 Disclosure of information in accordance with orders
  56. 39 Compliance with orders: authorised monitors
  57. 40 Costs in relation to authorised monitors
  58. 41 Powers of law enforcement officers to retain documents
  59. 42 Interpretation: Part 1
  60. 43 Index of defined expressions: Part 1
  61. 44 Intentionally encouraging or assisting an offence
  62. 45 Encouraging or assisting an offence believing it will be committed
  63. 46 Encouraging or assisting offences believing one or more will be committed
  64. 47 Proving an offence under this Part
  65. 48 Proving an offence under section 46
  66. 49 Supplemental provisions
  67. 50 Defence of acting reasonably
  68. 50A Extra-territorial offences: defence for intelligence services and armed forces
  69. 51 Protective offences: victims not liable
  70. 51A Exceptions to section 44 for encouraging or assisting suicide or serious self-harm
  71. 52 Jurisdiction
  72. 53 Prosecution of offences triable by reason of Schedule 4
  73. 54 Institution of proceedings etc. for an offence under this Part
  74. 55 Mode of trial
  75. 56 Persons who may be perpetrators or encouragers etc.
  76. 57 Alternative verdicts and guilty pleas
  77. 58 Penalties
  78. 59 Abolition of common law replaced by this Part
  79. 60 Amendments relating to service law
  80. 61 Repeal of offence of enabling unauthorised access to computer material
  81. 62 No individual liability in respect of corporate manslaughter
  82. 63 Consequential amendments: Part 2
  83. 64 Encouraging or assisting the commission of an offence
  84. 65 Being capable of encouraging or assisting
  85. 66 Indirectly encouraging or assisting
  86. 67 Course of conduct
  87. 68 Disclosure of information to prevent fraud
  88. 69 Offence for certain further disclosures of information
  89. 70 Penalty and prosecution for offence under section 69
  90. 71 Code of practice for disclosure of information to prevent fraud
  91. 72 Data protection rules
  92. 73 Data matching
  93. 74 Abolition of Assets Recovery Agency and redistribution of functions etc.
  94. 75 Use of production orders for detained cash investigations
  95. 76 Use of search warrants etc. for detained cash investigations
  96. 77 Further provision about detained cash investigations
  97. 78 Powers to seize property to which restraint orders apply
  98. 79 Powers to recover cash
  99. 80 Powers in relation to certain investigations
  100. 81 Supplementary provision in relation to new powers
  101. 82 Powers of management receivers and enforcement receivers
  102. 83 Civil recovery management receivers
  103. 84 Powers for prosecutors to appear in cash recovery proceedings
  104. 85 Disclosure of information by Revenue and Customs
  105. 86 Use of force in executing search warrants: Scotland
  106. 87 Incidents involving serious violence: powers to stop and search
  107. 88 Extension of investigatory powers of Revenue and Customs
  108. 89 Orders and regulations
  109. 90 Supplementary, incidental and consequential provision
  110. 91 Transitional and transitory provisions and savings
  111. 92 Repeals and revocations
  112. 93 Extent
  113. 94 Commencement
  114. 95 Short title
  115. SCHEDULE 1 Serious offences
  116. Schedule 1A Relevant orders: notification requirements
  117. SCHEDULE 2 Functions of applicant authorities under Part 1
  118. SCHEDULE 3 Listed Offences
  119. SCHEDULE 4 Extra-territoriality
  120. SCHEDULE 5 Amendments relating to service law
  121. SCHEDULE 6 Minor and consequential amendments: Part 2
  122. SCHEDULE 7 Data matching
  123. SCHEDULE 8 Abolition of Assets Recovery Agency and its Director
  124. SCHEDULE 9 Transfers to SOCA or NPIA
  125. SCHEDULE 10 Detained cash investigations: further provision
  126. SCHEDULE 11 Powers to recover cash: financial investigators
  127. SCHEDULE 12 Revenue and Customs: regulation of investigatory powers
  128. SCHEDULE 13 Transitional and transitory provisions and savings
  129. SCHEDULE 14 Repeals and revocations

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129 provisions

Title and introductory text

Serious Crime Act 2007 2007 c. 27 An Act to make provision about serious crime prevention orders; to create offences in respect of the encouragement or assistance of crime; to enable information to be shared or processed to prevent fraud or for purposes relating to proceeds of crime; to enable data matching to be conducted both in relation to fraud and for other purposes; to transfer functions of the Director of the Assets Recovery Agency to the Serious Organised Crime Agency and other persons and to make further provision in connection with the abolition of the Agency and the office of Director; to amend the Proceeds of Crime Act 2002 in relation to certain investigations and in relation to accredited financial investigators, management receivers and enforcement receivers, cash recovery proceedings and search warrants; to extend stop and search powers in connection with incidents involving serious violence; to make amendments relating to Her Majesty's Revenue and Customs in connection with the regulation of investigatory powers; and for connected purposes. [30th October 2007] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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1 Serious crime prevention orders

(1) The High Court in England and Wales may make an order if— (a) it is satisfied that a person has been involved in serious crime (whether in England and Wales or elsewhere); and (b) it has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales. (1A) The appropriate court in Scotland may make an order if— (a) it is satisfied that a person has been involved in serious crime (whether in Scotland or elsewhere); and (b) it has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Scotland. (2) The High Court in Northern Ireland may make an order if— (a) it is satisfied that a person has been involved in serious crime (whether in Northern Ireland or elsewhere); and (b) it has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Northern Ireland. (3) An order under this section may contain— (a) such prohibitions, restrictions or requirements; and (b) such other terms; as the court considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the person concerned in serious crime in England and Wales , Scotland or (as the case may be) Northern Ireland. (4) The powers of the court in respect of an order under this section are subject to sections 6 to 15 (safeguards). (5) In this Part— “appropriate court” means the Court of Session or sheriff; “serious crime prevention order” means— an order under this section; an order under section 19 (corresponding order of the Crown Court on conviction); or an order under section 22A (corresponding order of the High Court of Justiciary or sheriff on conviction). (6) For the purposes of this Part references to the person who is the subject of a serious crime prevention order are references to the person against whom the public are to be protected.

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2 Involvement in serious crime: England and Wales orders

(1) For the purposes of this Part, a person has been involved in serious crime in England and Wales if he— (a) has committed a serious offence in England and Wales; (b) has facilitated the commission by another person of a serious offence in England and Wales; or (c) has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in England and Wales (whether or not such an offence was committed). (2) In this Part “a serious offence in England and Wales” means an offence under the law of England and Wales which, at the time when the court is considering the application or matter in question— (a) is specified, or falls within a description specified, in Part 1 of Schedule 1; or (b) is one which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it were so specified. (3) For the purposes of this Part, involvement in serious crime in England and Wales is any one or more of the following— (a) the commission of a serious offence in England and Wales; (b) conduct which facilitates the commission by another person of a serious offence in England and Wales; (c) conduct which is likely to facilitate the commission, by the person whose conduct it is or another person, of a serious offence in England and Wales (whether or not such an offence is committed). (4) For the purposes of section 1(1)(a), a person has been involved in serious crime elsewhere than in England and Wales if he— (a) has committed a serious offence in a country outside England and Wales; (b) has facilitated the commission by another person of a serious offence in a country outside England and Wales; or (c) has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in a country outside England and Wales (whether or not such an offence was committed). (5) In subsection (4) “a serious offence in a country outside England and Wales” means an offence under the law of a country outside England and Wales which, at the time when the court is considering the application or matter in question— (a) would be an offence under the law of England and Wales if committed in or as regards England and Wales; and (b) either— (i) would be an offence which is specified, or falls within a description specified, in Part 1 of Schedule 1 if committed in or as regards England and Wales; or (ii) is conduct which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it meets the test in sub-paragraph (i). (6) The test in subsection (4) is to be used instead of the tests in sections 2A(1) and 3(1) in deciding for the purposes of section 1(1)(a) whether a person has been involved in serious crime inScotland or (as the case may be) Northern Ireland. (7) An act punishable under the law of a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (5), however it is described in that law.

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2A Involvement in serious crime: Scotland orders

(1) For the purposes of this Part, a person has been involved in serious crime in Scotland if he— (a) has committed a serious offence in Scotland; (b) has facilitated the commission by another person of a serious offence in Scotland; or (c) has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in Scotland (whether or not such an offence was committed). (2) In this Part “a serious offence in Scotland” means an offence under the law of Scotland which, at the time when the court is considering the application or matter in question— (a) is specified, or falls within a description specified, in Part 1A of Schedule 1; or (b) is one which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it were so specified. (3) For the purposes of this Part, involvement in serious crime in Scotland is any one or more of the following— (a) the commission of a serious offence in Scotland; (b) conduct which facilitates the commission by another person of a serious offence in Scotland; (c) conduct which is likely to facilitate the commission, by the person whose conduct it is or another person, of a serious offence in Scotland (whether or not such an offence is committed). (4) For the purposes of section 1(1A)(a), a person has been involved in serious crime elsewhere than in Scotland if he— (a) has committed a serious offence in a country outside Scotland; (b) has facilitated the commission by another person of a serious offence in a country outside Scotland; or (c) has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in a country outside Scotland (whether or not such an offence was committed). (5) In subsection (4) “ a serious offence in a country outside Scotland ” means an offence under the law of a country outside Scotland which, at the time when the court is considering the application or matter in question— (a) would be an offence under the law of Scotland if committed in or as regards Scotland; and (b) either— (i) would be an offence which is specified, or falls within a description specified, in Part 1A of Schedule 1 if committed in or as regards Scotland; or (ii) is conduct which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it meets the test in sub-paragraph (i). (6) The test in subsection (4) is to be used instead of the tests in sections 2(1) and 3(1) in deciding for the purposes of section 1(1A)(a) whether a person has been involved in serious crime in England and Wales or (as the case may be) Northern Ireland. (7) An act punishable under the law of a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (5), however it is described in that law.

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3 Involvement in serious crime: Northern Ireland orders

(1) For the purposes of this Part, a person has been involved in serious crime in Northern Ireland if he— (a) has committed a serious offence in Northern Ireland; (b) has facilitated the commission by another person of a serious offence in Northern Ireland; or (c) has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in Northern Ireland (whether or not such an offence was committed). (2) In this Part “a serious offence in Northern Ireland” means an offence under the law of Northern Ireland which, at the time when the court is considering the application or matter in question— (a) is specified, or falls within a description specified, in Part 2 of Schedule 1; or (b) is one which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it were so specified. (3) For the purposes of this Part, involvement in serious crime in Northern Ireland is any one or more of the following— (a) the commission of a serious offence in Northern Ireland; (b) conduct which facilitates the commission by another person of a serious offence in Northern Ireland; (c) conduct which is likely to facilitate the commission, by the person whose conduct it is or another person, of a serious offence in Northern Ireland (whether or not such an offence is committed). (4) For the purposes of section 1(2)(a), a person has been involved in serious crime elsewhere than in Northern Ireland if he— (a) has committed a serious offence in a country outside Northern Ireland; (b) has facilitated the commission by another person of a serious offence in a country outside Northern Ireland; or (c) has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in a country outside Northern Ireland (whether or not such an offence was committed). (5) In subsection (4) “a serious offence in a country outside Northern Ireland” means an offence under the law of a country outside Northern Ireland which, at the time when the court is considering the application or matter in question— (a) would be an offence under the law of Northern Ireland if committed in or as regards Northern Ireland; and (b) either— (i) would be an offence which is specified, or falls within a description specified, in Part 2 of Schedule 1 if committed in or as regards Northern Ireland; or (ii) is conduct which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it meets the test in sub-paragraph (i). (6) The test in subsection (4) is to be used instead of the tests in sections 2(1) and 2A(1) in deciding for the purposes of section 1(2)(a) whether a person has been involved in serious crime in England and Walesor (as the case may be) Scotland. (7) An act punishable under the law of a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (5), however it is described in that law.

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4 Involvement in serious crime: supplementary

(1) In considering for the purposes of this Part whether a person has committed a serious offence— (a) the court must decide that the person has committed the offence if— (i) he has been convicted of the offence; and (ii) the conviction has not been quashed on appeal nor has the person been pardoned of the offence; but (b) the court must not otherwise decide that the person has committed the offence. (2) In deciding for the purposes of this Part whether a person (“the respondent”) facilitates the commission by another person of a serious offence, the court must ignore— (a) any act that the respondent can show to be reasonable in the circumstances; and (b) subject to this, his intentions, or any other aspect of his mental state, at the time. (3) In deciding for the purposes of this Part whether a person (“the respondent”) conducts himself in a way that is likely to facilitate the commission by himself or another person of a serious offence (whether or not such an offence is committed), the court must ignore— (a) any act that the respondent can show to be reasonable in the circumstances; and (b) subject to this, his intentions, or any other aspect of his mental state, at the time. (4) The Secretary of State may by order amend Part 1 of Schedule 1. (4A) The Scottish Ministers may by order amend Part 1A of Schedule 1. (4B) The Scottish Ministers may not exercise the power conferred by subsection (4A) in relation to an offence which relates to a reserved matter (within the meaning of the Scotland Act 1998) without the consent of the Secretary of State. (5) The Department of Justice in Northern Ireland may by order amend Part 2 of Schedule 1.

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5 Type of provision that may be made by orders

(1) This section contains examples of the type of provision that may be made by a serious crime prevention order but it does not limit the type of provision that may be made by such an order. (2) Examples of prohibitions, restrictions or requirements that may be imposed by serious crime prevention orders in England and Wales, Scotland or Northern Ireland include prohibitions, restrictions or requirements in relation to places other than England and Wales, Scotland or (as the case may be) Northern Ireland. (3) Examples of prohibitions, restrictions or requirements that may be imposed on individuals (including partners in a partnership) by serious crime prevention orders include prohibitions or restrictions on, or requirements in relation to— (a) an individual's financial, property or business dealings or holdings; (b) an individual's working arrangements; (c) the means by which an individual communicates or associates with others, or the persons with whom he communicates or associates; (d) the premises to which an individual has access; (e) the use of any premises or item by an individual; (f) an individual's travel (whether within the United Kingdom, between the United Kingdom and other places or otherwise). (4) Examples of prohibitions, restrictions or requirements that may be imposed on bodies corporate, partnerships and unincorporated associations by serious crime prevention orders include prohibitions or restrictions on, or requirements in relation to— (a) financial, property or business dealings or holdings of such persons; (b) the types of agreements to which such persons may be a party; (c) the provision of goods or services by such persons; (d) the premises to which such persons have access; (e) the use of any premises or item by such persons; (f) the employment of staff by such persons. (5) Examples of requirements that may be imposed on any persons by serious crime prevention orders include— (a) a requirement on a person to answer questions, or provide information, specified or described in an order— (i) at a time, within a period or at a frequency; (ii) at a place; (iii) in a form and manner; and (iv) to a law enforcement officer or description of law enforcement officer; notified to the person by a law enforcement officer specified or described in the order; (b) a requirement on a person to produce documents specified or described in an order— (i) at a time, within a period or at a frequency; (ii) at a place; (iii) in a manner; and (iv) to a law enforcement officer or description of law enforcement officer; notified to the person by a law enforcement officer specified or described in the order. (6) The prohibitions, restrictions or requirements that may be imposed on individuals by serious crime prevention orders include prohibitions, restrictions or requirements in relation to an individual's private dwelling (including, for example, prohibitions or restrictions on, or requirements in relation to, where an individual may reside). (7) In this Part— “document” means anything in which information of any description is recorded (whether or not in legible form); “a law enforcement officer” means— a constable; a National Crime Agency officer who is for the time being designated under section 9 or 10 of the Crime and Courts Act 2013; an officer of Revenue and Customs; or a member of the Serious Fraud Office; and “premises” includes any land, vehicle, vessel, aircraft or hovercraft. (8) Any reference in this Part to the production of documents is, in the case of a document which contains information recorded otherwise than in legible form, a reference to the production of a copy of the information in legible form.

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5A Verification and disclosure of information

(1) This section applies where information is provided to a law enforcement officer in response to an information requirement imposed by a serious crime prevention order. “ Information requirement ” means a requirement of the kind referred to in section 5(5)(a) or (b). (2) The law enforcement officer may, for the purpose of— (a) checking the accuracy of the information, or (b) discovering the true position, disclose the information to any person who the officer reasonably believes may be able to contribute to doing either of those things. (3) Any other person may disclose information to— (a) the law enforcement officer, or (b) a person to whom the law enforcement officer has disclosed information under subsection (2), for the purpose of contributing to doing either of the things mentioned in subsection (2)(a) and (b). (4) The law enforcement officer may also disclose the information referred to in subsection (1) for the purposes of— (a) the prevention, detection, investigation or prosecution of criminal offences, whether in the United Kingdom or elsewhere, or (b) the prevention, detection or investigation of conduct for which penalties other than criminal penalties are provided under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom. (5) A disclosure under this section does not breach— (a) any obligation of confidence owed by the person making the disclosure, or (b) any other restriction on the disclosure of information (however imposed). (6) But nothing in this section authorises a disclosure, in contravention of any provisions of the data protection legislation, of personal data which is not exempt from those provisions. (7) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

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5B Electronic monitoring requirements

(1) A serious crime prevention order made by a court in England and Wales may require an individual (including a partner in a partnership) to submit to electronic monitoring of their compliance with prohibitions, restrictions or other requirements imposed by the order. (2) A requirement imposed under subsection (1) is referred to in this Part as an “electronic monitoring requirement”. (3) A serious crime prevention order that includes an electronic monitoring requirement must specify the person who is to be responsible for the monitoring. (4) The person specified under subsection (3) (“the responsible person”) must be of a description specified in regulations made by the Secretary of State. (5) Where a serious crime prevention order imposes an electronic monitoring requirement on a person, the person must (among other things)— (a) submit, as required from time to time by the responsible person, to— (i) being fitted with, or the installation of, any necessary apparatus, and (ii) the inspection or repair of any apparatus fitted or installed for the purpose of the monitoring; (b) not interfere with, or with the working of, any apparatus fitted or installed for the purpose of the monitoring; (c) take any steps required by the responsible person for the purpose of keeping in working order any apparatus fitted or installed for the purpose of the monitoring. These obligations have effect as requirements of the order. (6) A serious crime prevention order may not provide for an electronic monitoring requirement to have effect for more than 12 months (but this does not limit any power of a court to extend that period).

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5C Conditions for imposing electronic monitoring requirements

(1) This section applies for the purpose of determining whether a court may impose an electronic monitoring requirement on a person (“P”) under section 5B. (2) The requirement may not be imposed in P’s absence. (3) If there is a person (other than P) without whose co-operation it would be impracticable to secure the monitoring in question, the requirement may not be imposed without that person’s consent. (4) A court may impose the requirement in relation to a relevant police area or areas only if— (a) it has been notified by the Secretary of State that electronic monitoring arrangements are available in the area or areas, and (b) it is satisfied that the necessary provision can be made under the arrangements currently available. (5) For the purposes of subsection (4)— “relevant police area” means— the police area in England or Wales in which it appears to the court that P resides or will reside, and in a case where it is proposed to include in the order— a requirement that P must remain, for specified periods, at a specified place, or a provision prohibiting P from entering a specified place or area, the police area in England or Wales in which the place or area proposed to be specified is situated; “specified” means specified in the order.

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5D Data from electronic monitoring: code of practice

(1) The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of individuals under electronic monitoring requirements imposed by serious crime prevention orders. (2) A failure to act in accordance with a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.

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6 Any individual must be 18 or over

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

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7 Other exceptions

(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. (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.

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8 Limited class of applicants for making of orders

(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; (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .; ... (iii) the Director of the Serious Fraud Office; or (iv) subject to subsection (2), a chief officer of police; (aa) in the case of an order in Scotland — (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 — (i) the Director of Public Prosecutions for Northern Ireland; or (ii) subject to subsection (2), the chief officer of police. (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. (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.

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8A Serious crime prevention orders that are terrorism-related

(1) For the purposes of this Part, a serious crime prevention order is “terrorism-related” if the trigger offence is within subsection (3). (2) The “trigger offence”, in relation to a serious crime prevention order, is the serious offence referred to in section 2(1) or (4), 2A(1) or (4) or (as the case may be) 3(1) or (4) pursuant to which the court is satisfied that the person who is the subject of the order has been involved in serious crime. (3) A trigger offence is within this subsection if— (a) it falls within section 2(2)(a) or (5)(b)(i) by virtue of paragraph 2A of Schedule 1; (b) it falls within section 2A(2)(a) or (5)(b)(i) by virtue of paragraph 16BA of Schedule 1; (c) if falls within section 3(2)(a) or (5)(b)(i) by virtue of paragraph 18A of Schedule 1; or (d) in the case of any other trigger offence (whether or not specified, or within a description specified, in Schedule 1), it appears to the court that the offence— (i) is, or takes place in the course of, an act of terrorism; or (ii) is committed for the purposes of terrorism. (4) Subsection (5) applies where— (a) the court is considering whether a trigger offence is within subsection (3)(d); (b) the court has, for the purposes of this Part, decided that a person has committed the trigger offence (see section 4(1)); and (c) at the time at which the person was sentenced for the trigger offence, the offence was of a kind capable of being determined to have a terrorist connection. (5) The court— (a) must decide that the trigger offence is within subsection (3)(d) if the offence was determined to have a terrorist connection; and (b) must not otherwise decide that the trigger offence is within subsection (3)(d). (6) For the purposes of this section, an offence was determined to have a terrorist connection if — (a) it was determined to have a terrorist connection under— (i) section 69 of the Sentencing Code (in the case of an offender sentenced in England and Wales or for a service offence); or (ii) section 30 or 32 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Northern Ireland, or an offender sentenced in England and Wales, or for a service offence, before the Sentencing Code applied); or (b) it has been proved to have been aggravated by reason of having a terrorist connection under section 31 of that Act (in the case of an offender sentenced in Scotland); (and the reference in subsection (4)(c) to an offence being capable of being determined to have such a connection is to be read accordingly). (7) In this section “terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act).

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9 Right of third parties to make representations

(1) The High Courtor (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 Courtor (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 Courtor (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 , 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. (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.

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10 Notice requirements in relation to orders

(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; (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; ... (iii) where the order was applied for by the Director of the Serious Fraud Office, the Director of the Serious Fraud Office; ... (iv) where the order was applied for by the chief officer of police of a police force in England and Wales, the chief officer of police of any such police force; (v) in any other case, the person who applied for the order; (aa) in relation to a serious crime prevention order in Scotland — (i) where the order was applied for by the Lord Advocate, the Lord Advocate; (ii) where the order was applied for by the chief constable of the Police Service of Scotland, the chief constable; (b) in relation to a serious crime prevention order in Northern Ireland — (i) where the order was applied for by the Director of Public Prosecutions for Northern Ireland, the Director; (ii) where the order was applied for by the Chief Constable of the Police Service of Northern Ireland, the Chief Constable.

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11 Restrictions on oral answers

A serious crime prevention order may not require a person to answer questions, or provide information, orally.

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12 Restrictions for legal professional privilege

(1) A serious crime prevention orderin England and Wales or Northern Ireland may not require a person— (a) to answer any privileged question; (b) to provide any privileged information; or (c) to produce any privileged document. (2) A “privileged question” is a question which the person would be entitled to refuse to answer on grounds of legal professional privilege in proceedings in the High Court. (3) “Privileged information” is information which the person would be entitled to refuse to provide on grounds of legal professional privilege in such proceedings. (4) A “privileged document” is a document which the person would be entitled to refuse to produce on grounds of legal professional privilege in such proceedings. (4A) A serious crime prevention order in Scotland may not require a person to breach any duty of confidentiality of communications which the person could not be required to breach in proceedings before the appropriate court. (5) But subsections (1) and (4A) do not prevent an order from requiring a lawyer to provide the name and address of a client of his.

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13 Restrictions on excluded material and banking information

(1) A serious crime prevention order may not require a person to produce— (a) in the case of an order in England and Wales, any excluded material as defined by section 11 of the Police and Criminal Evidence Act 1984 (c. 60); ... (aa) in the case of an order in Scotland, any excluded material (as defined by that section (except that “enactment” in subsection (2)(b) of that section is to be taken to include an Act of the Scottish Parliament or an instrument made under such an Act)); (b) in the case of an order in Northern Ireland, any excluded material as defined by Article 13 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)). (2) A serious crime prevention order may not require a person to disclose any information or produce any document in respect of which he owes an obligation of confidence by virtue of carrying on a banking business unless condition A or B is met. (3) Condition A is that the person to whom the obligation of confidence is owed consents to the disclosure or production. (4) Condition B is that the order contains a requirement— (a) to disclose information, or produce documents, of this kind; or (b) to disclose specified information which is of this kind or to produce specified documents which are of this kind.

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14 Restrictions relating to other enactments

(1) A serious crime prevention order may not require a person— (a) to answer any question; (b) to provide any information; or (c) to produce any document; if the disclosure concerned is prohibited under any other enactment. (2) In this section— “enactment” includes an Act of the Scottish Parliament, Northern Ireland legislation and an enactment comprised in subordinate legislation, and includes an enactment whenever passed or made; and “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) and also includes an instrument made under— an Act of the Scottish Parliament; or Northern Ireland legislation.

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15 Restrictions on use of information obtained

(1) A statement made by a person in response to a requirement imposed by a serious crime prevention order may not be used in evidence against him in any criminal proceedings unless condition A or B is met. (2) Condition A is that the criminal proceedings relate to an offence under section 25. (3) Condition B is that— (a) the criminal proceedings relate to another offence; (b) the person who made the statement gives evidence in the criminal proceedings; (c) in the course of that evidence, the person makes a statement which is inconsistent with the statement made in response to the requirement imposed by the order; and (d) in the criminal proceedings evidence relating to the statement made in response to the requirement imposed by the order is adduced, or a question about it is asked, by the person or on his behalf.

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15A Notification requirements: England and Wales

(1) Schedule 1A contains provision about notifications to be given by a person who is subject to a serious crime prevention order in England and Wales (a “relevant order”). (2) A relevant order— (a) must specify a person listed in section 8(1)(a) as the person to whom a notification under Schedule 1A is to be given; (b) may make provision about how a notification under Schedule 1A is to be given (including provision requiring a person to give a notification in person or otherwise). (3) In this Part references to a “specified person” are to a person specified under subsection (2)(a).

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16 Duration of orders

(1) A serious crime prevention order must specify when it is to come into force and when it is to cease to be in force. (2) An order is not to be in force for more than 5 years beginning with the coming into force of the order. (3) An order can specify different times for the coming into force, or ceasing to be in force, of different provisions of the order. (4) Where it specifies different times in accordance with subsection (3), the order— (a) must specify when each provision is to come into force and cease to be in force; and (b) is not to be in force for more than 5 years beginning with the coming into force of the first provision of the order to come into force. (5) The fact that an order, or any provision of an order, ceases to be in force does not prevent the court from making a new order to the same or similar effect. (6) A new order may be made in anticipation of an earlier order or provision ceasing to be in force. (7) Subsections (2) and (4)(b) have effect subject to section 22E.

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17 Variation of orders

(1) The High Court in England and Wales may, on an application under this section, vary a serious crime prevention order in England and Wales if it has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement, by the person who is the subject of the order, in serious crime in England and Wales. (1A) The appropriate court in Scotland may, on an application under this section, vary a serious crime prevention order in Scotland if it has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement, by the person who is the subject of the order, in serious crime in Scotland. (2) The High Court in Northern Ireland may, on an application under this section, vary a serious crime prevention order in Northern Ireland if it has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement, by the person who is the subject of the order, in serious crime in Northern Ireland. (3) An application for the variation of an order under this section may be made by— (a) the relevant applicant authority (but see subsection (7A)); or (b) subject as follows— (i) the person who is the subject of the order; or (ii) any other person. (4) The court must not entertain an application by the person who is the subject of the order unless it considers that there has been a change of circumstances affecting the order. (5) The court must not entertain an application by any person falling within subsection (3)(b)(ii) unless it considers that— (a) the person is significantly adversely affected by the order; (b) condition A or B is met; and (c) the application is not for the purpose of making the order more onerous on the person who is the subject of it. (6) Condition A is that— (a) the person falling within subsection (3)(b)(ii)— (i) has, on an application under section 9, been given an opportunity to make representations; or (ii) has made an application otherwise than under that section; in earlier proceedings in relation to the order (whether before the High Court , the appropriate court or the Crown Court); and (b) there has been a change of circumstances affecting the order. (7) Condition B is that— (a) the person falling within subsection (3)(b)(ii) has not made an application of any kind in earlier proceedings in relation to the order (whether before the High Court , the appropriate court or the Crown Court); and (b) it was reasonable in all the circumstances for the person not to have done so. (7A) Where the relevant applicant authority is the chief constable of the Police Service of Scotland, an application for the variation of the order may only be made under this section to the Court of Session (and not to the sheriff). (8) A variation on an application under subsection (3)(a) may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).

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18 Discharge of orders

(1) On an application under this section— (a) the High Court in England and Wales may discharge a serious crime prevention order in England and Wales; ... (aa) the appropriate court in Scotland may discharge a serious crime prevention order in Scotland; (b) the High Court in Northern Ireland may discharge a serious crime prevention order in Northern Ireland. (2) An application for the discharge of an order may be made by— (a) the relevant applicant authority (but see subsection (7)); or (b) subject as follows— (i) the person who is the subject of the order; or (ii) any other person. (3) The court must not entertain an application by the person who is the subject of the order unless it considers that there has been a change of circumstances affecting the order. (4) The court must not entertain an application by any person falling within subsection (2)(b)(ii) unless it considers that— (a) the person is significantly adversely affected by the order; and (b) condition A or B is met. (5) Condition A is that— (a) the person— (i) has, on an application under section 9, been given an opportunity to make representations; or (ii) has made an application otherwise than under that section; in earlier proceedings in relation to the order (whether before the High Court , the appropriate court or the Crown Court); and (b) there has been a change of circumstances affecting the order. (6) Condition B is that— (a) the person has not made an application of any kind in earlier proceedings in relation to the order (whether before the High Court , the appropriate court or the Crown Court); and (b) it was reasonable in all the circumstances for the person not to have done so. (7) Where the relevant applicant authority is the chief constable of the Police Service of Scotland, an application for the discharge of the order may only be made under this section to the Court of Session (and not to the sheriff).

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19 Orders by Crown Court on conviction

(1) Subsection (2) applies where the Crown Court in England and Wales is dealing with a person who— (a) has been convicted by or before a magistrates' court of having committed a serious offence in England and Wales and has been committed to the Crown Court to be dealt with; or (b) has been convicted by or before the Crown Court of having committed a serious offence in England and Wales. (2) The Crown Court may, in addition to dealing with the person in relation to the offence, make an order if it has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales. (2A) A court that makes an order by virtue of subsection (2) in the case of a person who is already the subject of a serious crime prevention order in England and Wales must discharge the existing order. (3) Subsection (4) applies where the Crown Court in Northern Ireland is dealing with a person who has been convicted by or before the Crown Court of having committed a serious offence in Northern Ireland. (4) The Crown Court may, in addition to dealing with the person in relation to the offence, make an order if it has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Northern Ireland. (4A) A court that makes an order by virtue of subsection (4) in the case of a person who is already the subject of a serious crime prevention order in Northern Ireland must discharge the existing order. (5) An order under this section may contain— (a) such prohibitions, restrictions or requirements; and (b) such other terms; as the court considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the person concerned in serious crime in England and Wales or (as the case may be) Northern Ireland. (6) The powers of the court in respect of an order under this section are subject to sections 6 to 15 (safeguards). (7) An order must not be made under this section except— (a) in addition to a sentence imposed in respect of the offence concerned; or (b) in addition to an order discharging the person conditionally. (8) An order under this section is also called a serious crime prevention order.

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20 Powers of Crown Court to vary orders on conviction

(1) Subsection (2) applies where the Crown Court in England and Wales is dealing with a person who— (a) has been convicted by or before a magistrates' court of having committed a serious offence in England and Wales and has been committed to the Crown Court to be dealt with; or (b) has been convicted by or before the Crown Court of having committed a serious offence in England and Wales. (2) The Crown Court may— (a) in the case of a person who is the subject of a serious crime prevention order in England and Wales; and (b) in addition to dealing with the person in relation to the offence; vary the order if the court has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales. (3) Subsection (4) applies where the Crown Court in Northern Ireland is dealing with a person who has been convicted by or before the Crown Court of having committed a serious offence in Northern Ireland. (4) The Crown Court may— (a) in the case of a person who is the subject of a serious crime prevention order in Northern Ireland; and (b) in addition to dealing with the person in relation to the offence; vary the order if the court has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Northern Ireland. (5) A variation under this section may be made only on an application by the relevant applicant authority. (6) A variation must not be made except— (a) in addition to a sentence imposed in respect of the offence concerned; or (b) in addition to an order discharging the person conditionally. (7) A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).

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21 Powers of Crown Court to varyor replace orders on breach

(1) Subsection (2) applies where the Crown Court in England and Wales is dealing with a person who— (a) has been convicted by or before a magistrates' court of having committed an offence under section 25 in relation to a serious crime prevention order and has been committed to the Crown Court to be dealt with; or (b) has been convicted by or before the Crown Court of having committed an offence under section 25 in relation to a serious crime prevention order. (2) The Crown Court may— (a) in the case of an order in England and Wales; and (b) in addition to dealing with the person in relation to the offence; varyor replace the order if it has reasonable grounds to believe that the terms of the order as varied, or the new order, would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales. (3) Subsection (4) applies where the Crown Court in Northern Ireland is dealing with a person who has been convicted by or before the Crown Court of an offence under section 25 in relation to a serious crime prevention order. (4) The Crown Court may— (a) in the case of an order in Northern Ireland; and (b) in addition to dealing with the person in relation to the offence; varyor replace the order if it has reasonable grounds to believe that the terms of the order as varied, or the new order, would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Northern Ireland. (5) An order may be varied or replaced under this section only on an application by the relevant applicant authority. (6) A variationor new order must not be made except— (a) in addition to a sentence imposed in respect of the offence concerned; or (b) in addition to an order discharging the person conditionally. (7) A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)). (8) A reference in this section to replacing a serious crime prevention order is to making a new serious crime prevention order and discharging the existing one.

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22 Inter-relationship between different types of orders in England and Wales or Northern Ireland

(1) The fact that a serious crime prevention order has been made or varied by the High Court does not prevent it from being varied by the Crown Court in accordance with this Part. (2) The fact that a serious crime prevention order has been made or varied by the Crown Court does not prevent it from being varied or discharged by the High Court in accordance with this Part. (3) A decision by the Crown Court not to make an order under section 19 does not prevent a subsequent application to the High Court for an order under section 1 in consequence of the same offence. (4) A decision by the Crown Court not to vary a serious crime prevention order under section 20 or 21 does not prevent a subsequent application to the High Court for a variation of the order in consequence of the same offence.

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22A Orders by High Court of Justiciary and sheriff on conviction

(1) Subsection (2) applies where— (a) the High Court of Justiciary (the “High Court”) is dealing with a person who— (i) has been convicted by or before the High Court of having committed a serious offence in Scotland, or (ii) has been convicted by or before the sheriff of having committed a serious offence in Scotland and by virtue of section 195 of the Criminal Procedure (Scotland) Act 1995 has been remitted by the sheriff to the High Court for sentencing; or (b) the sheriff is dealing with a person who has been convicted by or before the sheriff of having committed a serious offence in Scotland. (2) The High Court or (as the case may be) the sheriff may, in addition to dealing with the person in relation to the offence, make an order if the High Court or (as the case may be) the sheriff has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Scotland. (3) The High Court or sheriff making an order by virtue of subsection (2) in the case of a person who is already the subject of a serious crime prevention order in Scotland must discharge the existing order. (4) An order under this section may contain— (a) such prohibitions, restrictions or requirements; and (b) such other terms; as the High Court or (as the case may be) the sheriff considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the person concerned in serious crime in Scotland. (5) The powers of the High Court and the sheriff in respect of an order under this section are subject to sections 6 to 15 (safeguards). (6) An order must not be made under this section except— (a) in addition to a sentence imposed in respect of the offence concerned; or (b) in addition to an order discharging the person absolutely. (7) An order under this section is also called a serious crime prevention order.

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22B Powers of High Court of Justiciary and sheriff to vary orders on conviction

(1) Subsection (2) applies where— (a) the High Court of Justiciary (the “High Court”) is dealing with a person who— (i) has been convicted by or before the High Court of having committed a serious offence in Scotland, or (ii) has been convicted by or before the sheriff of having committed a serious offence in Scotland and by virtue of section 195 of the Criminal Procedure (Scotland) Act 1995 has been remitted by the sheriff to the High Court for sentencing; or (b) the sheriff is dealing with a person who has been convicted by or before the sheriff of having committed a serious offence in Scotland. (2) The High Court or (as the case may be) the sheriff may— (a) in the case of a person who is the subject of a serious crime prevention order in Scotland; and (b) in addition to dealing with the person in relation to the offence, vary the order if the High Court or (as the case may be) the sheriff has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Scotland. (3) A variation under this section may be made only on an application by the Lord Advocate. (4) A variation must not be made except— (a) in addition to a sentence imposed in respect of the offence concerned; or (b) in addition to an order discharging the person absolutely. (5) A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).

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22C Powers of High Court of Justiciary and sheriff to vary or replace orders on breach

(1) Subsection (2) applies where— (a) the High Court of Justiciary (the “High Court”) is dealing with a person who— (i) has been convicted by or before the sheriff of having committed an offence under section 25 in relation to a serious crime prevention order and has been remitted to the High Court to be dealt with, or (ii) has been convicted by or before the High Court of having committed an offence under section 25 in relation to a serious crime prevention order; or (b) the sheriff is dealing with a person who has been convicted by or before the sheriff of having committed an offence under section 25 in relation to a serious crime prevention order. (2) The High Court or (as the case may be) the sheriff may— (a) in the case of an order in Scotland; and (b) in addition to dealing with the person in relation to the offence; vary or replace the order if the High Court or (as the case may be) the sheriff has reasonable grounds to believe that the terms of the order as varied, or the new order, would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Scotland. (3) An order may be varied or replaced under this section only on an application by the Lord Advocate. (4) A variation or new order must not be made except— (a) in addition to a sentence imposed in respect of the offence concerned; or (b) in addition to an order discharging the person absolutely. (5) A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)). (6) A reference in this section to replacing a serious crime prevention order is to making a new serious crime prevention order and discharging the existing one.

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22D Inter-relationship between different types of orders in Scotland

(1) A serious crime prevention order made under section 1(1A) or varied under section 17(1A) may be varied under section 22B(2) or 22C(2). (2) The fact that a serious crime prevention order made under section 1(1A) or varied under section 17(1A) has been varied under section 22B(2) or 22C(2) does not prevent it from being varied or discharged by the appropriate court. (3) A decision by the High Court of Justiciary or (as the case may be) the sheriff not to make an order under section 22A does not prevent a subsequent application to the appropriate court for an order under section 1(1A) in consequence of the same offence. (4) Where a serious crime prevention order is made under section 1(1A) or varied under section 17(1A), a decision by the High Court of Justiciary or (as the case may be) the sheriff not to vary the order under section 22B(2) or 22C(2) does not prevent a subsequent application under section 17(1A) for a variation of the order in consequence of the same offence.

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22E Extension of orders pending outcome of criminal proceedings

(1) This section applies where a person subject to a serious crime prevention order is charged with— (a) a serious offence, or (b) an offence under section 25 of failing to comply with the serious crime prevention order. (2) The relevant applicant authority may make an application under this section to— (a) the Crown Court in England and Wales, in the case of a serious crime prevention order in England and Wales; (b) the High Court of Justiciary or the sheriff, in the case of a serious crime prevention order in Scotland; (c) the Crown Court in Northern Ireland, in the case of a serious crime prevention order in Northern Ireland. (3) On an application under this section, the court or sheriff may vary the serious crime prevention order so that it continues in effect until one of the events listed in subsection (4) occurs (if the order would otherwise cease to have effect before then). (4) The events are— (a) following the person's conviction of the offence mentioned in subsection (1)— (i) the order is varied under section 20 or 21, or under section 22B or 22C, by reference to the offence, (ii) a new serious crime prevention order is made under section 19 or 21, or under section 22A or 22C, by reference to the offence, or (iii) the court or sheriff deals with the person for the offence without varying the order or making a new one; (b) the person is acquitted of the offence; (c) the charge is withdrawn; (d) in the case of a serious crime prevention order in England and Wales or Northern Ireland— (i) proceedings in respect of the charge are discontinued, or (ii) an order is made for the charge to lie on the file; (e) in the case of a serious crime prevention order in Scotland— (i) proceedings against the person are deserted simpliciter , (ii) proceedings against the person are deserted pro loco et tempore and no trial diet is appointed, (iii) the indictment or complaint relating to the person falls or for any other reason does not proceed to trial, or (iv) the diet not having been continued, adjourned or postponed, no further proceedings are in contemplation in relation to the person. (5) An order may be made under this section only if— (a) the serious crime prevention order is still in force, and (b) the court or sheriff has reasonable grounds for believing that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime. (6) In subsection (5)(b) “ serious crime ” means— (a) serious crime in England and Wales, in the case of a serious crime prevention order in England and Wales; (b) serious crime in Scotland, in the case of a serious crime prevention order in Scotland; (c) serious crime in Northern Ireland, in the case of a serious crime prevention order in Northern Ireland.

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23 Additional right of appeal from High Court

(1) An appeal may be made to the Court of Appeal in relation to a decision of the High Court— (a) to make a serious crime prevention order; (b) to vary, or not to vary, such an order; or (c) to discharge or not to discharge such an order; by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(1), (2) or (as the case may be) (3). (2) Subsection (1) is without prejudice to the rights of other persons to make appeals, by virtue of section 16 of the Senior Courts Act 1981 (c. 54) or section 35 of the Judicature (Northern Ireland) Act 1978 (c. 23), in relation to any judgments or orders of the High Court about serious crime prevention orders.

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24 Appeals from Crown Court

(1) An appeal against a decision of the Crown Court in relation to a serious crime prevention order may be made to the Court of Appeal by— (a) the person who is the subject of the order; or (b) the relevant applicant authority. (2) In addition, an appeal may be made to the Court of Appeal in relation to a decision of the Crown Court— (a) to make a serious crime prevention order; or (b) to vary, or not to vary, such an order; by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(4). (3) Subject to subsection (4), an appeal under subsection (1) or (2) lies only with the leave of the Court of Appeal. (4) An appeal under subsection (1) or (2) lies without the leave of the Court of Appeal if the judge who made the decision grants a certificate that the decision is fit for appeal under this section. (5) Subject to any rules of court made under section 53(1) of the Senior Courts Act 1981 (c. 54) (distribution of business between civil and criminal divisions), the criminal division of the Court of Appeal is the division which is to exercise jurisdiction in relation to an appeal under subsection (1) or (2) from a decision of the Crown Court in the exercise of its jurisdiction in England and Wales under this Part. (6) An appeal against a decision of the Court of Appeal on an appeal to that court under subsection (1) or (2) may be made to the Supreme Court by any person who was a party to the proceedings before the Court of Appeal. (7) An appeal under subsection (6) lies only with the leave of the Court of Appeal or the Supreme Court. (8) Such leave must not be granted unless— (a) it is certified by the Court of Appeal that a point of law of general public importance is involved in the decision; and (b) it appears to the Court of Appeal or (as the case may be) the Supreme Court that the point is one which ought to be considered by the Supreme Court. (9) The Secretary of State may for the purposes of this section by order make provision corresponding (subject to any specified modifications) to that made by or under an enactment and relating to— (a) appeals to the Court of Appeal under Part 1 of— (i) the Criminal Appeal Act 1968 (c. 19); or (ii) the Criminal Appeal (Northern Ireland) Act 1980 (c. 47); (b) appeals from any decision of the Court of Appeal on appeals falling within paragraph (a); or (c) any matter connected with or arising out of appeals falling within paragraph (a) or (b). (9A) The power to make an order under subsection (9) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as the power may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998). (10) An order under subsection (9) may, in particular, make provision about the payment of costs. (11) The power to make an appeal to the Court of Appeal under subsection (1)(a) operates instead of any power for the person who is the subject of the order to make an appeal against a decision of the Crown Court in relation to a serious crime prevention order by virtue of— (a) section 9 or 10 of the Criminal Appeal Act 1968; or (b) section 8 of the Criminal Appeal (Northern Ireland) Act 1980. (12) Section 33(3) of the Criminal Appeal Act 1968 (limitation on appeal from criminal division of the Court of Appeal: England and Wales) does not prevent an appeal to the Supreme Court under subsection (6) above.

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24A Additional right of appeal from Court of Session

(1) An appeal may be made to the Inner House of the Court of Session in relation to a decision of the Outer House of the Court of Session— (a) to make a serious crime prevention order; (b) to vary, or not to vary, such an order; or (c) to discharge or not to discharge such an order; by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(1), (2) or (as the case may be) (3). (2) Subsection (1) is without prejudice to the rights of the person who is the subject of the order and the Lord Advocate to make appeals, under section 28 of the Court of Session Act 1988, in relation to any judgments or orders of the Outer House of the Court of Session about serious crime prevention orders.

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24B Appeals from High Court of Justiciary and sheriff

(1) The following are to be taken to be a sentence for the purpose of an appeal— (a) a serious crime prevention order made under section 22A; (b) the variation under section 22B or 22C of an order made under section 22A; (c) the discharge of an order made under section 22A. (2) If the Lord Advocate considers that a decision of the High Court of Justiciary or the sheriff under section 22A not to make a serious crime prevention order was inappropriate, the Lord Advocate may appeal against the decision. (3) In addition, an appeal may be made in relation to a decision of the High Court of Justiciary or the sheriff— (a) to make a serious crime prevention order under section 22A; or (b) to vary, or not to vary, such an order under section 22B or 22C; by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(4A).

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25 Offence of failing to comply with order

(1) A person who, without reasonable excuse, fails to comply with a serious crime prevention order commits an offence. (2) A person who commits an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine or to both. (3) In the application of subsection (2)(a) in Northern Ireland, the reference to 12 months is to be read as a reference to 6 months. (3A) In the application of subsection (2)(a) in England and Wales, the reference to 12 months is to be read as a reference to the general limit in a magistrates’ court subject to paragraph 4 of Schedule 13. (4) In proceedings for an offence under this section, a copy of the original order or any variation of it, certified as such by the proper officer of the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings.

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