(1) The Secretary of State may by order make such provision as he considers appropriate for or in connection with enabling confiscation orders under—
(a) Part 2 of the Proceeds of Crime Act 2002 (c. 29) (confiscation: England and Wales), ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to be made by magistrates' courts in England and Wales ....
(1ZA) But an order under subsection (1) may not enable such a confiscation order to be made by any magistrates' court in respect of an amount exceeding £10,000.
(1ZB) The Secretary of State may by order amend subsection (1ZA) so as to substitute a different amount.
(1A) The Department of Justice in Northern Ireland may by order make such provision as the Department considers appropriate for or in connection with enabling confiscation orders under Part 4 of the 2002 Act (confiscation: Northern Ireland) to be made by magistrates’ courts in Northern Ireland.
(2) But an order under subsection ... (1A) may not enable such a confiscation order to be made by any magistrates' court in respect of an amount exceeding £10,000.
(2A) The Department of Justice may by order amend subsection (2) so as to substitute a different amount.
(3) An order under subsection (1) or (1A) may amend, repeal, revoke or otherwise modify any provision of Part 2 or 4 of the 2002 Act (as the case may be) or any other enactment relating to, or to things done under or for the purposes of, that Part (or any provision of that Part).
(1) In the Proceeds of Crime Act 2002 (c. 29), after section 245 insert—
Property freezing orders (England and Wales and Northern Ireland)
Application for property freezing order
245A (1) Where the enforcement authority may take proceedings for a recovery order in the High Court, the authority may apply to the court for a property freezing order (whether before or after starting the proceedings).
(2) A property freezing order is an order that—
(a) specifies or describes the property to which it applies, and
(b) subject to any exclusions (see section 245C(1)(b) and (2)), prohibits any person to whose property the order applies from in any way dealing with the property.
(3) An application for a property freezing order may be made without notice if the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in respect of any property.
(4) The court may make a property freezing order on an application if it is satisfied that the condition in subsection (5) is met and, where applicable, that the condition in subsection (6) is met.
(5) The first condition is that there is a good arguable case—
(a) that the property to which the application for the order relates is or includes recoverable property, and
(b) that, if any of it is not recoverable property, it is associated property.
(6) The second condition is that, if—
(a) the property to which the application for the order relates includes property alleged to be associated property, and
(b) the enforcement authority has not established the identity of the person who holds it,
the authority has taken all reasonable steps to do so.
Variation and setting aside of order
245B (1) The court may at any time vary or set aside a property freezing order.
(2) If the court makes an interim receiving order that applies to all of the property to which a property freezing order applies, it must set aside the property freezing order.
(3) If the court makes an interim receiving order that applies to some but not all of the property to which a property freezing order applies, it must vary the property freezing order so as to exclude any property to which the interim receiving order applies.
(4) If the court decides that any property to which a property freezing order applies is neither recoverable property nor associated property, it must vary the order so as to exclude the property.
(5) Before exercising power under this Chapter to vary or set aside a property freezing order, the court must (as well as giving the parties to the proceedings an opportunity to be heard) give such an opportunity to any person who may be affected by its decision.
(6) Subsection (5) does not apply where the court is acting as required by subsection (2) or (3).
Exclusions
245C (1) The power to vary a property freezing order includes (in particular) power to make exclusions as follows—
(a) power to exclude property from the order, and
(b) power, otherwise than by excluding property from the order, to make exclusions from the prohibition on dealing with the property to which the order applies.
(2) Exclusions from the prohibition on dealing with the property to which the order applies (other than exclusions of property from the order) may also be made when the order is made.
(3) An exclusion may, in particular, make provision for the purpose of enabling any person—
(a) to meet his reasonable living expenses, or
(b) to carry on any trade, business, profession or occupation.
(4) An exclusion may be made subject to conditions.
(5) Where the court exercises the power to make an exclusion for the purpose of enabling a person to meet legal expenses that he has incurred, or may incur, in respect of proceedings under this Part, it must ensure that the exclusion—
(a) is limited to reasonable legal expenses that the person has reasonably incurred or that he reasonably incurs,
(b) specifies the total amount that may be released for legal expenses in pursuance of the exclusion, and
(c) is made subject to the required conditions (see section 286A) in addition to any conditions imposed under subsection (4).
(6) The court, in deciding whether to make an exclusion for the purpose of enabling a person to meet legal expenses of his in respect of proceedings under this Part—
(a) must have regard (in particular) to the desirability of the person being represented in any proceedings under this Part in which he is a participant, and
(b) must, where the person is the respondent, disregard the possibility that legal representation of the person in any such proceedings might, were an exclusion not made, be funded by the Legal Services Commission or the Northern Ireland Legal Services Commission.
(7) If excluded property is not specified in the order it must be described in the order in general terms.
(8) The power to make exclusions must, subject to subsection (6), be exercised with a view to ensuring, so far as practicable, that the satisfaction of any right of the enforcement authority to recover the property obtained through unlawful conduct is not unduly prejudiced.
(9) Subsection (8) does not apply where the court is acting as required by section 245B(3) or (4).
Restriction on proceedings and remedies
245D (1) While a property freezing order has effect—
(a) the court may stay any action, execution or other legal process in respect of the property to which the order applies, and
(b) no distress may be levied against the property to which the order applies except with the leave of the court and subject to any terms the court may impose.
(2) If a court (whether the High Court or any other court) in which proceedings are pending in respect of any property is satisfied that a property freezing order has been applied for or made in respect of the property, it may either stay the proceedings or allow them to continue on any terms it thinks fit.
(3) If a property freezing order applies to a tenancy of any premises, no landlord or other person to whom rent is payable may exercise the right of forfeiture by peaceable re-entry in relation to the premises in respect of any failure by the tenant to comply with any term or condition of the tenancy, except with the leave of the court and subject to any terms the court may impose.
(4) Before exercising any power conferred by this section, the court must (as well as giving the parties to any of the proceedings concerned an opportunity to be heard) give such an opportunity to any person who may be affected by the court's decision.
(2) In the Proceeds of Crime Act 2002 (c. 29), after section 255 insert—
Prohibitory property orders (Scotland)
Application for prohibitory property order
255A (1) Where the enforcement authority may take proceedings for a recovery order in the Court of Session, the authority may apply to the court for a prohibitory property order (whether before or after starting the proceedings).
(2) A prohibitory property order is an order that—
(a) specifies or describes the property to which it applies, and
(b) subject to any exclusions (see section 255C(1)(b) and (2)), prohibits any person to whose property the order applies from in any way dealing with the property.
(3) An application for a prohibitory property order may be made without notice if the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in respect of any property.
(4) The court may make a prohibitory property order on an application if it is satisfied that the condition in subsection (5) is met and, where applicable, that the condition in subsection (6) is met.
(5) The first condition is that there is a good arguable case—
(a) that the property to which the application for the order relates is or includes recoverable property, and
(b) that, if any of it is not recoverable property, it is associated property.
(6) The second condition is that, if—
(a) the property to which the application for the order relates includes property alleged to be associated property, and
(b) the enforcement authority has not established the identity of the person who holds it,
the authority has taken all reasonable steps to do so.
Variation and recall of prohibitory property order
255B (1) The court may at any time vary or recall a prohibitory property order.
(2) If the court makes an interim administration order that applies to all of the property to which a prohibitory property order applies, it must recall the prohibitory property order.
(3) If the court makes an interim administration order that applies to some but not all of the property to which a prohibitory property order applies, it must vary the prohibitory property order so as to exclude any property to which the interim administration order applies.
(4) If the court decides that any property to which a prohibitory property order applies is neither recoverable property nor associated property, it must vary the order so as to exclude the property.
(5) Before exercising power under this Chapter to vary or recall a prohibitory property order, the court must (as well as giving the parties to the proceedings an opportunity to be heard) give such an opportunity to any person who may be affected by its decision.
(6) Subsection (5) does not apply where the court is acting as required by subsection (2) or (3).
Exclusions
255C (1) The power to vary a prohibitory property order includes (in particular) power to make exclusions as follows—
(a) power to exclude property from the order, and
(b) power, otherwise than by excluding property from the order, to make exclusions from the prohibition on dealing with the property to which the order applies.
(2) Exclusions from the prohibition on dealing with the property to which the order applies (other than exclusions of property from the order) may also be made when the order is made.
(3) An exclusion may, in particular, make provision for the purpose of enabling any person—
(a) to meet his reasonable living expenses, or
(b) to carry on any trade, business, profession or occupation.
(4) An exclusion may be made subject to conditions.
(5) An exclusion may not be made for the purpose of enabling any person to meet any legal expenses in respect of proceedings under this Part.
(6) If excluded property is not specified in the order it must be described in the order in general terms.
(7) The power to make exclusions must be exercised with a view to ensuring, so far as practicable, that the satisfaction of any right of the enforcement authority to recover the property obtained through unlawful conduct is not unduly prejudiced.
(8) Subsection (7) does not apply where the court is acting as required by section 255B(3) or (4).
Restriction on proceedings and remedies
255D (1) While a prohibitory property order has effect the court may sist any action, execution or other legal process in respect of the property to which the order applies.
(2) If a court (whether the Court of Session or any other court) in which proceedings are pending in respect of any property is satisfied that a prohibitory property order has been applied for or made in respect of the property, it may either sist the proceedings or allow them to continue on any terms it thinks fit.
(3) Before exercising any power conferred by this section, the court must (as well as giving the parties to any of the proceedings concerned an opportunity to be heard) give such an opportunity to any person who may be affected by the court's decision.
Arrestment of property affected by prohibitory property order
255E (1) On the application of the enforcement authority the Court of Session may, in relation to moveable recoverable property to which a prohibitory property order applies (whether generally or to such of it as is specified in the application), grant warrant for arrestment.
(2) An application under subsection (1) may be made at the same time as the application for the prohibitory property order or at any time thereafter.
(3) Such a warrant for arrestment may be granted only if the property would be arrestable if the person entitled to it were a debtor.
(4) A warrant under subsection (1) has effect as if granted on the dependence of an action for debt at the instance of the enforcement authority against the person and may be executed, recalled, loosed or restricted accordingly.
(5) An arrestment executed under this section ceases to have effect when, or in so far as, the prohibitory property order ceases to apply in respect of the property in relation to which the warrant for arrestment was granted.
(6) If an arrestment ceases to have effect to any extent by virtue of subsection (5) the enforcement authority must apply to the Court of Session for an order recalling or, as the case may be, restricting the arrestment.
Inhibition of property affected by prohibitory property order
255F (1) On the application of the enforcement authority, the Court of Session may, in relation to the property mentioned in subsection (2), grant warrant for inhibition against any person specified in a prohibitory property order.
(2) That property is heritable property situated in Scotland to which the prohibitory property order applies (whether generally or to such of it as is specified in the application).
(3) The warrant for inhibition—
(a) has effect as if granted on the dependence of an action for debt by the enforcement authority against the person and may be executed, recalled, loosed or restricted accordingly, and
(b) has the effect of letters of inhibition and must forthwith be registered by the enforcement authority in the register of inhibitions and adjudications.
(4) Section 155 of the Titles to Land Consolidation (Scotland) Act 1868 (c. 101) (effective date of inhibition) applies in relation to an inhibition for which warrant is granted under subsection (1) as it applies to an inhibition by separate letters or contained in a summons.
(5) An inhibition executed under this section ceases to have effect when, or in so far as, the prohibitory property order ceases to apply in respect of the property in relation to which the warrant for inhibition was granted.
(6) If an inhibition ceases to have effect to any extent by virtue of subsection (5) the enforcement authority must—
(a) apply for the recall or, as the case may be, the restriction of the inhibition, and
(b) ensure that the recall or restriction is reflected in the register of inhibitions and adjudications.
99 Civil recovery: interim receivers' expenses etc.
(1) The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
(2) In section 280 (civil recovery orders: applying realised proceeds), after subsection (2) insert—
(3) The Director may apply a sum received by him under subsection (2) in making payment of the remuneration and expenses of—
(a) the trustee, or
(b) any interim receiver appointed in, or in anticipation of, the proceedings for the recovery order.
(4) Subsection (3)(a) does not apply in relation to the remuneration of the trustee if the trustee is a member of the staff of the Agency.
(3) In section 284 (payment of interim administrator or trustee (Scotland))—
(a) the existing words become subsection (1), and
(b) after that subsection insert—
(2) The Scottish Ministers may apply a sum received by them under section 280(2) in making payment of such fees or expenses.
(3) Subsection (2) does not apply in relation to the fees of a trustee for civil recovery if the trustee is a member of their staff.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
100 Detention of seized cash: meaning of “48 hours”
(1) In the Proceeds of Crime Act 2002 (c. 29), Chapter 3 of Part 5 (civil recovery of cash in summary proceedings) is amended as follows.
(2) In section 295 (detention of seized cash, initially for 48 hours), after subsection (1) insert—
(1A) The period of 48 hours mentioned in subsection (1) is to be calculated in accordance with subsection (1B).
(1B) In calculating a period of 48 hours in accordance with this subsection, no account shall be taken of—
(a) any Saturday or Sunday,
(b) Christmas Day,
(c) Good Friday,
(d) any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom within which the cash is seized, or
(e) any day prescribed under section 8(2) of the Criminal Procedure (Scotland) Act 1995 as a court holiday in a sheriff court in the sheriff court district within which the cash is seized.
(3) In sections 290(6), 296(1) and 302(2), after “48 hours” insert “ (calculated in accordance with section 295(1B)) ”.
(1) For section 299 of the Proceeds of Crime Act 2002 (appeal against forfeiture of cash) substitute—
Appeal against decision under section 298
299 (1) Any party to proceedings for an order for the forfeiture of cash under section 298 who is aggrieved by an order under that section or by the decision of the court not to make such an order may appeal—
(a) in relation to England and Wales, to the Crown Court;
(b) in relation to Scotland, to the Sheriff Principal;
(c) in relation to Northern Ireland, to a county court.
(2) An appeal under subsection (1) must be made before the end of the period of 30 days starting with the day on which the court makes the order or decision.
(3) The court hearing the appeal may make any order it thinks appropriate.
(4) If the court upholds an appeal against an order forfeiting the cash, it may order the release of the cash.
(2) This section does not apply to a decision of a court not to order the forfeiture of cash under section 298 of that Act taken before this section comes into force.
102 Money laundering: defence where overseas conduct is legal under local law
(1) In the Proceeds of Crime Act 2002 (c. 29), Part 7 (money laundering) is amended as follows.
(2) In section 327 (concealing etc.), after subsection (2) insert—
(2A) Nor does a person commit an offence under subsection (1) if—
(a) he knows, or believes on reasonable grounds, that the relevant criminal conduct occurred in a particular country or territory outside the United Kingdom, and
(b) the relevant criminal conduct—
(i) was not, at the time it occurred, unlawful under the criminal law then applying in that country or territory, and
(ii) is not of a description prescribed by an order made by the Secretary of State.
(2B) In subsection (2A) “the relevant criminal conduct” is the criminal conduct by reference to which the property concerned is criminal property.
(3) In section 328 (arrangements), after subsection (2) insert—
(3) Nor does a person commit an offence under subsection (1) if—
(a) he knows, or believes on reasonable grounds, that the relevant criminal conduct occurred in a particular country or territory outside the United Kingdom, and
(b) the relevant criminal conduct—
(i) was not, at the time it occurred, unlawful under the criminal law then applying in that country or territory, and
(ii) is not of a description prescribed by an order made by the Secretary of State.
(4) In subsection (3) “the relevant criminal conduct” is the criminal conduct by reference to which the property concerned is criminal property.
(4) In section 329 (acquisition, use and possession), after subsection (2) insert—
(2A) Nor does a person commit an offence under subsection (1) if—
(a) he knows, or believes on reasonable grounds, that the relevant criminal conduct occurred in a particular country or territory outside the United Kingdom, and
(b) the relevant criminal conduct—
(i) was not, at the time it occurred, unlawful under the criminal law then applying in that country or territory, and
(ii) is not of a description prescribed by an order made by the Secretary of State.
(2B) In subsection (2A) “the relevant criminal conduct” is the criminal conduct by reference to which the property concerned is criminal property.
(5) In section 330 (failure to disclose: regulated sector), after subsection (7) insert—
(7A) Nor does a person commit an offence under this section if—
(a) he knows, or believes on reasonable grounds, that the money laundering is occurring in a particular country or territory outside the United Kingdom, and
(b) the money laundering—
(i) is not unlawful under the criminal law applying in that country or territory, and
(ii) is not of a description prescribed in an order made by the Secretary of State.
(6) In section 331 (failure to disclose: nominated officers in the regulated sector), after subsection (6) insert—
(6A) Nor does a person commit an offence under this section if—
(a) he knows, or believes on reasonable grounds, that the money laundering is occurring in a particular country or territory outside the United Kingdom, and
(b) the money laundering—
(i) is not unlawful under the criminal law applying in that country or territory, and
(ii) is not of a description prescribed in an order made by the Secretary of State.
(7) In section 332 (failure to disclose: other nominated officers), after subsection (6) insert—
(7) Nor does a person commit an offence under this section if—
(a) he knows, or believes on reasonable grounds, that the money laundering is occurring in a particular country or territory outside the United Kingdom, and
(b) the money laundering—
(i) is not unlawful under the criminal law applying in that country or territory, and
(ii) is not of a description prescribed in an order made by the Secretary of State.
(1) The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
(2) In section 327 (concealing etc.), after subsection (2B) (which is inserted by section 102 of this Act) insert—
(2C) A deposit-taking body that does an act mentioned in paragraph (c) or (d) of subsection (1) does not commit an offence under that subsection if—
(a) it does the act in operating an account maintained with it, and
(b) the value of the criminal property concerned is less than the threshold amount determined under section 339A for the act.
(3) In section 328 (arrangements), after subsection (4) (which is inserted by section 102 of this Act) insert—
(5) A deposit-taking body that does an act mentioned in subsection (1) does not commit an offence under that subsection if—
(a) it does the act in operating an account maintained with it, and
(b) the arrangement facilitates the acquisition, retention, use or control of criminal property of a value that is less than the threshold amount determined under section 339A for the act.
(4) In section 329 (acquisition, use and possession), after subsection (2B) (which is inserted by section 102 of this Act) insert—
(2C) A deposit-taking body that does an act mentioned in subsection (1) does not commit an offence under that subsection if—
(a) it does the act in operating an account maintained with it, and
(b) the value of the criminal property concerned is less than the threshold amount determined under section 339A for the act.
(5) In Part 7 (money laundering), after section 339 insert—
Threshold amounts
Threshold amounts
339A (1) This section applies for the purposes of sections 327(2C), 328(5) and 329(2C).
(2) The threshold amount for acts done by a deposit-taking body in operating an account is £250 unless a higher amount is specified under the following provisions of this section (in which event it is that higher amount).
(3) An officer of Revenue and Customs, or a constable, may specify the threshold amount for acts done by a deposit-taking body in operating an account—
(a) when he gives consent, or gives notice refusing consent, to the deposit-taking body's doing of an act mentioned in section 327(1), 328(1) or 329(1) in opening, or operating, the account or a related account, or
(b) on a request from the deposit-taking body.
(4) Where the threshold amount for acts done in operating an account is specified under subsection (3) or this subsection, an officer of Revenue and Customs, or a constable, may vary the amount (whether on a request from the deposit-taking body or otherwise) by specifying a different amount.
(5) Different threshold amounts may be specified under subsections (3) and (4) for different acts done in operating the same account.
(6) The amount specified under subsection (3) or (4) as the threshold amount for acts done in operating an account must, when specified, not be less than the amount specified in subsection (2).
(7) The Secretary of State may by order vary the amount for the time being specified in subsection (2).
(8) For the purposes of this section, an account is related to another if each is maintained with the same deposit-taking body and there is a person who, in relation to each account, is the person or one of the persons entitled to instruct the body as respects the operation of the account.
(6) In section 340 (interpretation of Part 7), after subsection (13) insert—
(14) “Deposit-taking body” means—
(a) a business which engages in the activity of accepting deposits, or
(b) the National Savings Bank.
(7) In section 459(4)(a) and (6)(a) (provision for certain orders to be subject to affirmative procedure), after “309,” insert “ 339A(7), ”.
104 Money laundering: disclosures to identify persons and property
(1) In the Proceeds of Crime Act 2002 (c. 29), Part 7 (money laundering) is amended as follows.
(2) In section 330(1) (regulated sector: failure to disclose: offence committed if three conditions satisfied), for “each of the following three conditions is satisfied” substitute “ the conditions in subsections (2) to (4) are satisfied ”.
(3) For section 330(4) to (6) (the required disclosure) substitute—
(3A) The third condition is—
(a) that he can identify the other person mentioned in subsection (2) or the whereabouts of any of the laundered property, or
(b) that he believes, or it is reasonable to expect him to believe, that the information or other matter mentioned in subsection (3) will or may assist in identifying that other person or the whereabouts of any of the laundered property.
(4) The fourth condition is that he does not make the required disclosure to—
(a) a nominated officer, or
(b) a person authorised for the purposes of this Part by the Director General of the Serious Organised Crime Agency,
as soon as is practicable after the information or other matter mentioned in subsection (3) comes to him.
(5) The required disclosure is a disclosure of—
(a) the identity of the other person mentioned in subsection (2), if he knows it,
(b) the whereabouts of the laundered property, so far as he knows it, and
(c) the information or other matter mentioned in subsection (3).
(5A) The laundered property is the property forming the subject-matter of the money laundering that he knows or suspects, or has reasonable grounds for knowing or suspecting, that other person to be engaged in.
(6) But he does not commit an offence under this section if—
(a) he has a reasonable excuse for not making the required disclosure,
(b) he is a professional legal adviser and—
(i) if he knows either of the things mentioned in subsection (5)(a) and (b), he knows the thing because of information or other matter that came to him in privileged circumstances, or
(ii) the information or other matter mentioned in subsection (3) came to him in privileged circumstances, or
(c) subsection (7) applies to him.
(4) For section 331(4) to (6) (failure to disclose: nominated officers in the regulated sector: the required disclosure) substitute—
(3A) The third condition is—
(a) that he knows the identity of the other person mentioned in subsection (2), or the whereabouts of any of the laundered property, in consequence of a disclosure made under section 330,
(b) that that other person, or the whereabouts of any of the laundered property, can be identified from the information or other matter mentioned in subsection (3), or
(c) that he believes, or it is reasonable to expect him to believe, that the information or other matter will or may assist in identifying that other person or the whereabouts of any of the laundered property.
(4) The fourth condition is that he does not make the required disclosure to a person authorised for the purposes of this Part by the Director General of the Serious Organised Crime Agency as soon as is practicable after the information or other matter mentioned in subsection (3) comes to him.
(5) The required disclosure is a disclosure of—
(a) the identity of the other person mentioned in subsection (2), if disclosed to him under section 330,
(b) the whereabouts of the laundered property, so far as disclosed to him under section 330, and
(c) the information or other matter mentioned in subsection (3).
(5A) The laundered property is the property forming the subject-matter of the money laundering that he knows or suspects, or has reasonable grounds for knowing or suspecting, that other person to be engaged in.
(6) But he does not commit an offence under this section if he has a reasonable excuse for not making the required disclosure.
(5) In section 332(3) (failure to disclose: other nominated officers: the second condition), for “section 337 or 338” substitute “ the applicable section ”.
(6) For section 332(4) to (6) (the required disclosure) substitute—
(3A) The third condition is—
(a) that he knows the identity of the other person mentioned in subsection (2), or the whereabouts of any of the laundered property, in consequence of a disclosure made under the applicable section,
(b) that that other person, or the whereabouts of any of the laundered property, can be identified from the information or other matter mentioned in subsection (3), or
(c) that he believes, or it is reasonable to expect him to believe, that the information or other matter will or may assist in identifying that other person or the whereabouts of any of the laundered property.
(4) The fourth condition is that he does not make the required disclosure to a person authorised for the purposes of this Part by the Director General of the Serious Organised Crime Agency as soon as is practicable after the information or other matter mentioned in subsection (3) comes to him.
(5) The required disclosure is a disclosure of—
(a) the identity of the other person mentioned in subsection (2), if disclosed to him under the applicable section,
(b) the whereabouts of the laundered property, so far as disclosed to him under the applicable section, and
(c) the information or other matter mentioned in subsection (3).
(5A) The laundered property is the property forming the subject-matter of the money laundering that he knows or suspects that other person to be engaged in.
(5B) The applicable section is section 337 or, as the case may be, section 338.
(6) But he does not commit an offence under this section if he has a reasonable excuse for not making the required disclosure.
(7) In section 337 (protected disclosures), after subsection (4) insert—
(4A) Where a disclosure consists of a disclosure protected under subsection (1) and a disclosure of either or both of—
(a) the identity of the other person mentioned in subsection (3), and
(b) the whereabouts of property forming the subject-matter of the money laundering that the discloser knows or suspects, or has reasonable grounds for knowing or suspecting, that other person to be engaged in,
the disclosure of the thing mentioned in paragraph (a) or (b) (as well as the disclosure protected under subsection (1)) is not to be taken to breach any restriction on the disclosure of information (however imposed).
105 Money laundering: form and manner of disclosures
(1) In the Proceeds of Crime Act 2002 (c. 29), Part 7 (money laundering) is amended as follows.
(2) In each of sections 330(9)(b), 337(5)(b) and 338(5)(b) (disclosure to nominated officer is ineffective if employer's procedures not followed), omit “and in accordance with the procedure established by the employer for the purpose”.
(3) In section 334 (penalties), after subsection (2) insert—
(3) A person guilty of an offence under section 339(1A) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) In section 338(1) (authorised disclosures), omit paragraph (b) (disclosure must be made in prescribed form and manner) but not the “and” at the end.
(5) In section 339 (form and manner of disclosures), for subsections (2) and (3) substitute—
(1A) A person commits an offence if he makes a disclosure under section 330, 331, 332 or 338 otherwise than in the form prescribed under subsection (1) or otherwise than in the manner so prescribed.
(1B) But a person does not commit an offence under subsection (1A) if he has a reasonable excuse for making the disclosure otherwise than in the form prescribed under subsection (1) or (as the case may be) otherwise than in the manner so prescribed.
(2) The power under subsection (1) to prescribe the form in which a disclosure must be made includes power to provide for the form to include a request to a person making a disclosure that the person provide information specified or described in the form if he has not provided it in making the disclosure.
(3) Where under subsection (2) a request is included in a form prescribed under subsection (1), the form must—
(a) state that there is no obligation to comply with the request, and
(b) explain the protection conferred by subsection (4) on a person who complies with the request.
(1) In the Proceeds of Crime Act 2002, Part 7 (money laundering) is amended as follows.
(2) In section 330 (regulated sector: failure to disclose), after subsection (9) insert—
(9A) But a disclosure which satisfies paragraphs (a) and (b) of subsection (9) is not to be taken as a disclosure to a nominated officer if the person making the disclosure—
(a) is a professional legal adviser,
(b) makes it for the purpose of obtaining advice about making a disclosure under this section, and
(c) does not intend it to be a disclosure under this section.
(3) In section 337(5)(a) (disclosure to person nominated to receive disclosures under section 337), after “disclosures under” insert “ section 330 or ”.
(4) In section 338(1)(c) (first or second condition must be satisfied for disclosure to be authorised), for “or second” substitute “ , second or third ”.
(5) In section 338 (authorised disclosures), after subsection (2) insert—
(2A) The second condition is that—
(a) the disclosure is made while the alleged offender is doing the prohibited act,
(b) he began to do the act at a time when, because he did not then know or suspect that the property constituted or represented a person's benefit from criminal conduct, the act was not a prohibited act, and
(c) the disclosure is made on his own initiative and as soon as is practicable after he first knows or suspects that the property constitutes or represents a person's benefit from criminal conduct.
(6) In section 338(3) (the second condition), for “second” substitute “ third ”.
(1) The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
(2) In section 364 (meaning of customer information) in subsection (5)—
(a) after paragraph (a) insert—
(aa) constitutes an offence specified in section 415(1A) of this Act,
;
(b) in paragraph (b) after “paragraph (a)” insert “ or (aa) ”.
(3) In section 398 (meaning of customer information: Scotland) in subsection (5)—
(a) after paragraph (a) insert—
(aa) constitutes an offence specified in section 415(1A) of this Act,
;
(b) in paragraph (b) after “paragraph (a)” insert “ or (aa) ”.
(4) In section 415 (money laundering offences) after subsection (1) insert—
(1A) Each of the following is a money laundering offence—
(a) an offence under section 93A, 93B or 93C of the Criminal Justice Act 1988;
(b) an offence under section 49, 50 or 51 of the Drug Trafficking Act 1994;
(c) an offence under section 37 or 38 of the Criminal Law (Consolidation) (Scotland) Act 1995;
(d) an offence under article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996.
(1) Part 11 of the Proceeds of Crime Act 2002 (c. 29) (co-operation) is amended as follows.
(2) In section 444 (external requests and orders), for subsection (3)(a) (Order under the section may include provision about the functions of the Secretary of State, the Lord Advocate, the Scottish Ministers and the Director of the Assets Recovery Agency) substitute—
(a) provision about the functions of any of the listed persons in relation to external requests and orders;
.
(3) In that section, after subsection (3) insert—
(4) For the purposes of subsection (3)(a) “the listed persons” are—
(a) the Secretary of State;
(b) the Lord Advocate;
(c) the Scottish Ministers;
(d) the Director;
(e) the Director of Public Prosecutions;
(f) the Director of Public Prosecutions for Northern Ireland;
(g) the Director of the Serious Fraud Office; and
(h) the Director of Revenue and Customs Prosecutions.
(4) In section 447(3) (meaning of “external investigation”), after paragraph (a) insert—
(aa) the extent or whereabouts of property obtained as a result of or in connection with criminal conduct, or
.
(1) For section 24 of PACE (arrest without warrant for arrestable offences) substitute—
Arrest without warrant: constables
24 (1) A constable may arrest without a warrant—
(a) anyone who is about to commit an offence;
(b) anyone who is in the act of committing an offence;
(c) anyone whom he has reasonable grounds for suspecting to be about to commit an offence;
(d) anyone whom he has reasonable grounds for suspecting to be committing an offence.
(2) If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.
(3) If an offence has been committed, a constable may arrest without a warrant—
(a) anyone who is guilty of the offence;
(b) anyone whom he has reasonable grounds for suspecting to be guilty of it.
(4) But the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question.
(5) The reasons are—
(a) to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person's name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name);
(b) correspondingly as regards the person's address;
(c) to prevent the person in question—
(i) causing physical injury to himself or any other person;
(ii) suffering physical injury;
(iii) causing loss of or damage to property;
(iv) committing an offence against public decency (subject to subsection (6)); or
(v) causing an unlawful obstruction of the highway;
(d) to protect a child or other vulnerable person from the person in question;
(e) to allow the prompt and effective investigation of the offence or of the conduct of the person in question;
(f) to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.
(6) Subsection (5)(c)(iv) applies only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question.
Arrest without warrant: other persons
24A (1) A person other than a constable may arrest without a warrant—
(a) anyone who is in the act of committing an indictable offence;
(b) anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.
(2) Where an indictable offence has been committed, a person other than a constable may arrest without a warrant—
(a) anyone who is guilty of the offence;
(b) anyone whom he has reasonable grounds for suspecting to be guilty of it.
(3) But the power of summary arrest conferred by subsection (1) or (2) is exercisable only if—
(a) the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in subsection (4) it is necessary to arrest the person in question; and
(b) it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.
(4) The reasons are to prevent the person in question—
(a) causing physical injury to himself or any other person;
(b) suffering physical injury;
(c) causing loss of or damage to property; or
(d) making off before a constable can assume responsibility for him.
(2) Section 25 of PACE (general arrest conditions) shall cease to have effect.
(3) In section 66 of PACE (codes of practice), in subsection (1)(a)—
(a) omit “or” at the end of sub-paragraph (i),
(b) at the end of sub-paragraph (ii) insert
or
(iii) to arrest a person;
(4) The sections 24 and 24A of PACE substituted by subsection (1) are to have effect in relation to any offence whenever committed.
Schedule 7, which supplements section 110 by providing for the repeal of certain enactments (including some which are spent) and by making further supplementary provision, has effect.
(1) A constable may direct a person to leave a place if he believes, on reasonable grounds, that the person is in the place at a time when he would be prohibited from entering it by virtue of—
(a) an order to which subsection (2) applies, or
(b) a condition to which subsection (3) applies.
(2) This subsection applies to an order which—
(a) was made, by virtue of any enactment, following the person's conviction of an offence, and
(b) prohibits the person from entering the place or from doing so during a period specified in the order.
(3) This subsection applies to a condition which—
(a) was imposed, by virtue of any enactment, as a condition of the person's release from a prison in which he was serving a sentence of imprisonment following his conviction of an offence, and
(b) prohibits the person from entering the place or from doing so during a period specified in the condition.
(4) A direction under this section may be given orally.
(5) Any person who knowingly contravenes a direction given to him under this section is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 4 on the standard scale, or to both.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In subsection (3)(a)—
(a) “sentence of imprisonment” and “prison” are to be construed in accordance with section 62(5) of the Criminal Justice and Court Services Act 2000 (c. 43);
(b) the reference to a release from prison includes a reference to a temporary release.
(9) In this section, “place” includes an area.
(10) This section applies whether or not the order or condition mentioned in subsection (1) was made or imposed before or after the commencement of this section.
(1) PACE is amended as follows.
(2) Section 8 (power to authorise entry and search of premises) is amended as provided in subsections (3) and (4).
(3) In subsection (1)—
(a) in paragraph (b), for “specified in the application” substitute “ mentioned in subsection (1A) below ”,
(b) in paragraph (e), at the end add “ in relation to each set of premises specified in the application ”.
(4) After subsection (1) insert—
(1A) The premises referred to in subsection (1)(b) above are—
(a) one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”); or
(b) any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).
(1B) If the application is for an all premises warrant, the justice of the peace must also be satisfied—
(a) that because of the particulars of the offence referred to in paragraph (a) of subsection (1) above, there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in paragraph (b) of that subsection; and
(b) that it is not reasonably practicable to specify in the application all the premises which he occupies or controls and which might need to be searched.
(5) Section 15 (search warrants—safeguards) is amended as provided in subsections (6) to (8).
(6) For subsection (2)(b) substitute—
(b) to specify the matters set out in subsection (2A) below; and
.
(7) After subsection (2) insert—
(2A) The matters which must be specified pursuant to subsection (2)(b) above are—
(a) if the application is for a specific premises warrant made by virtue of section 8(1A)(a) above or paragraph 12 of Schedule 1 below, each set of premises which it is desired to enter and search;
(b) if the application is for an all premises warrant made by virtue of section 8(1A)(b) above or paragraph 12 of Schedule 1 below—
(i) as many sets of premises which it is desired to enter and search as it is reasonably practicable to specify;
(ii) the person who is in occupation or control of those premises and any others which it is desired to enter and search;
(iii) why it is necessary to search more premises than those specified under sub-paragraph (i); and
(iv) why it is not reasonably practicable to specify all the premises which it is desired to enter and search.
(8) For subsection (6)(a)(iv) substitute—
(iv) each set of premises to be searched, or (in the case of an all premises warrant) the person who is in occupation or control of premises to be searched, together with any premises under his occupation or control which can be specified and which are to be searched; and
.
(9) In section 16 (execution of warrants)—
(a) after subsection (3) insert—
(3A) If the warrant is an all premises warrant, no premises which are not specified in it may be entered or searched unless a police officer of at least the rank of inspector has in writing authorised them to be entered.
,
(b) in subsection (9), after paragraph (b) add— “ and, unless the warrant is a specific premises warrant specifying one set of premises only, he shall do so separately in respect of each set of premises entered and searched, which he shall in each case state in the endorsement. ”,
(c) in subsection (12), for “the premises” substitute “ premises ”.
(10) Schedule 1 (special procedure) is amended as follows.
(11) In each of paragraphs 2(a)(ii) and 3(a), at the end add “ , or on premises occupied or controlled by a person specified in the application (including all such premises on which there are reasonable grounds for believing that there is such material as it is reasonably practicable so to specify); ”.
(12) In paragraph 3(b), for “the premises” substitute “ such premises ”.
(13) In paragraph 12—
(a) in sub-paragraph (a)(ii), after “fulfilled” insert “ in relation to each set of premises specified in the application ”,
(b) at the end add “ or (as the case may be) all premises occupied or controlled by the person referred to in paragraph 2(a)(ii) or 3(a), including such sets of premises as are specified in the application (an “all premises warrant”) ”.
(14) After paragraph 12 insert—
12A The judge may not issue an all premises warrant unless he is satisfied—
(a) that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application, as well as those which are, in order to find the material in question; and
(b) that it is not reasonably practicable to specify all the premises which he occupies or controls which might need to be searched.
(15) In paragraph 14(a), omit “to which the application relates”.
(1) PACE is amended as follows.
(2) In section 8 (power to authorise entry and search of premises), after the subsection (1B) inserted by section 113(4) of this Act insert—
(1C) The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which he issues the warrant.
(1D) If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.
(3) Section 15 (search warrants—safeguards) is amended as provided in subsections (4) to (7).
(4) In subsection (2)(a)—
(a) omit “and” at the end of sub-paragraph (i),
(b) at the end of sub-paragraph (ii) insert “ and ”,
(c) after that sub-paragraph insert—
(iii) if the application is for a warrant authorising entry and search on more than one occasion, the ground on which he applies for such a warrant, and whether he seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired;
.
(5) In subsection (5), at the end add “ unless it specifies that it authorises multiple entries ”.
(6) After subsection (5) insert—
(5A) If it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum.
(7) For subsection (7) substitute—
(7) Two copies shall be made of a specific premises warrant (see section 8(1A)(a) above) which specifies only one set of premises and does not authorise multiple entries; and as many copies as are reasonably required may be made of any other kind of warrant.
(8) In section 16 (execution of warrants)—
(a) in subsection (3), for “one month” substitute “ three months ”,
(b) after the subsection (3A) inserted by section 113(9)(a) of this Act, insert—
(3B) No premises may be entered or searched for the second or any subsequent time under a warrant which authorises multiple entries unless a police officer of at least the rank of inspector has in writing authorised that entry to those premises.
,
(c) for subsection (10) substitute—
(10) A warrant shall be returned to the appropriate person mentioned in subsection (10A) below—
(a) when it has been executed; or
(b) in the case of a specific premises warrant which has not been executed, or an all premises warrant, or any warrant authorising multiple entries, upon the expiry of the period of three months referred to in subsection (3) above or sooner.
(10A) The appropriate person is—
(a) if the warrant was issued by a justice of the peace, the designated officer for the local justice area in which the justice was acting when he issued the warrant;
(b) if it was issued by a judge, the appropriate officer of the court from which he issued it.
(9) In Schedule 1 (special procedure), in paragraph 17, for “a Circuit judge” substitute “ a judge of the High Court, a Circuit judge, a Recorder ”.
115 Power to stop and search for prohibited fireworks
(1) Section 1 of PACE (powers of constables to stop and search) is amended as follows.
(2) In subsection (2), for “or any article to which subsection (8A) below applies” substitute “ , any article to which subsection (8A) below applies or any firework to which subsection (8B) below applies ”.
(3) In subsection (3), for “or any article to which subsection (8A) below applies” substitute “ , any article to which subsection (8A) below applies or any firework to which subsection (8B) below applies ”.
(4) In subsection (6), for “or an article to which subsection (8A) below applies” substitute “ , an article to which subsection (8A) below applies or a firework to which subsection (8B) below applies ”.
(5) After subsection (8A) insert—
(8B) This subsection applies to any firework which a person possesses in contravention of a prohibition imposed by fireworks regulations.
(8C) In this section—
(a) “firework” shall be construed in accordance with the definition of “fireworks” in section 1(1) of the Fireworks Act 2003; and
(b) “fireworks regulations” has the same meaning as in that Act.
(1) Section 64A of PACE (photographing of suspects etc.) is amended as follows.
(2) After subsection (1) insert—
(1A) A person falling within subsection (1B) below may, on the occasion of the relevant event referred to in subsection (1B), be photographed elsewhere than at a police station—
(a) with the appropriate consent; or
(b) if the appropriate consent is withheld or it is not practicable to obtain it, without it.
(1B) A person falls within this subsection if he has been—
(a) arrested by a constable for an offence;
(b) taken into custody by a constable after being arrested for an offence by a person other than a constable;
(c) made subject to a requirement to wait with a community support officer under paragraph 2(3) or (3B) of Schedule 4 to the Police Reform Act 2002 (“the 2002 Act”);
(d) given a penalty notice by a constable in uniform under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001, a penalty notice by a constable under section 444A of the Education Act 1996, or a fixed penalty notice by a constable in uniform under section 54 of the Road Traffic Offenders Act 1988;
(e) given a notice in relation to a relevant fixed penalty offence (within the meaning of paragraph 1 of Schedule 4 to the 2002 Act) by a community support officer by virtue of a designation applying that paragraph to him; or
(f) given a notice in relation to a relevant fixed penalty offence (within the meaning of paragraph 1 of Schedule 5 to the 2002 Act) by an accredited person by virtue of accreditation specifying that that paragraph applies to him.
(3) In subsection (4)(a), after “prosecution” insert “ or to the enforcement of a sentence ”.
(4) In subsection (5), after paragraph (b) insert
; and
(c) “sentence” includes any order made by a court in England and Wales when dealing with an offender in respect of his offence.
(5) After subsection (6) insert—
(6A) In this section, a “photograph” includes a moving image, and corresponding expressions shall be construed accordingly.
(1) Section 61 of PACE (fingerprinting) is amended as provided in subsections (2) to (4).
(2) After subsection (6) insert—
(6A) A constable may take a person's fingerprints without the appropriate consent if—
(a) the constable reasonably suspects that the person is committing or attempting to commit an offence, or has committed or attempted to commit an offence; and
(b) either of the two conditions mentioned in subsection (6B) is met.
(6B) The conditions are that—
(a) the name of the person is unknown to, and cannot be readily ascertained by, the constable;
(b) the constable has reasonable grounds for doubting whether a name furnished by the person as his name is his real name.
(6C) The taking of fingerprints by virtue of subsection (6A) does not count for any of the purposes of this Act as taking them in the course of the investigation of an offence by the police.
(3) In subsection (7), for “or (6)” substitute “ , (6) or (6A) ”.
(4) In subsection (7A)—
(a) after “police station,” insert “ or by virtue of subsection (6A) at a place other than a police station, ”,
(b) in paragraph (a), after “an officer” insert “ (or, in a subsection (6A) case, the constable) ”.
(5) In section 63A of PACE (fingerprints and samples: supplementary provisions)—
(a) after subsection (1) insert—
((1ZA)) Fingerprints taken by virtue of section 61(6A) above may be checked against other fingerprints to which the person seeking to check has access and which are held by or on behalf of any one or more relevant law-enforcement authorities or which are held in connection with or as a result of an investigation of an offence.
,
(b) in subsection (1A), after “subsection (1)” insert “ and (1ZA) ”.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) PACE is amended as provided in subsections (2) to (4).
(2) After section 61 insert—
Impressions of footwear
61A (1) Except as provided by this section, no impression of a person's footwear may be taken without the appropriate consent.
(2) Consent to the taking of an impression of a person's footwear must be in writing if it is given at a time when he is at a police station.
(3) Where a person is detained at a police station, an impression of his footwear may be taken without the appropriate consent if—
(a) he is detained in consequence of his arrest for a recordable offence, or has been charged with a recordable offence, or informed that he will be reported for a recordable offence; and
(b) he has not had an impression taken of his footwear in the course of the investigation of the offence by the police.
(4) Where a person mentioned in paragraph (a) of subsection (3) above has already had an impression taken of his footwear in the course of the investigation of the offence by the police, that fact shall be disregarded for the purposes of that subsection if the impression of his footwear taken previously is—
(a) incomplete; or
(b) is not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally).
(5) If an impression of a person's footwear is taken at a police station, whether with or without the appropriate consent—
(a) before it is taken, an officer shall inform him that it may be the subject of a speculative search; and
(b) the fact that the person has been informed of this possibility shall be recorded as soon as is practicable after the impression has been taken, and if he is detained at a police station, the record shall be made on his custody record.
(6) In a case where, by virtue of subsection (3) above, an impression of a person's footwear is taken without the appropriate consent—
(a) he shall be told the reason before it is taken; and
(b) the reason shall be recorded on his custody record as soon as is practicable after the impression is taken.
(7) The power to take an impression of the footwear of a person detained at a police station without the appropriate consent shall be exercisable by any constable.
(8) Nothing in this section applies to any person—
(a) arrested or detained under the terrorism provisions;
(b) arrested under an extradition arrest power.
(3) Section 63A (fingerprints and samples: supplementary provisions) is amended as follows—
(a) in subsection (1), after “fingerprints”, in both places, insert “ , impressions of footwear ”,
(b) in subsection (1C)—
(i) in paragraph (a), after “fingerprints” insert “ , impressions of footwear ”,
(ii) in paragraph (b), after “fingerprints” insert “ , of the impressions of footwear ”,
(iii) after the third “fingerprints” insert “ or impressions of footwear ”,
(iv) after the fourth “fingerprints” insert “ , impressions of footwear ”.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Section 65 of PACE (which defines certain terms for the purposes of Part 5 of that Act) is amended as follows.
(2) In the definition of “intimate sample”, for paragraph (c) substitute—
(c) a swab taken from any part of a person's genitals (including pubic hair) or from a person's body orifice other than the mouth;
.
(3) In the definition of “non-intimate sample”, for paragraph (c) substitute—
(c) a swab taken from any part of a person's body other than a part from which a swab taken would be an intimate sample;
.
(1) The Police Reform Act 2002 (c. 30) is amended as follows.
(2) In section 42 (supplementary provisions relating to designations)—
(a) in subsection (2), after “section 41 shall” insert “ , subject to subsection (2A), ”,
(b) after subsection (2) insert—
(2A) A police officer of or above the rank of inspector may direct a particular investigating officer not to wear a uniform for the purposes of a particular operation; and if he so directs, subsection (2) shall not apply in relation to that investigating officer for the purposes of that operation.
(2B) In subsection (2A), “investigating officer” means a person designated as an investigating officer under section 38 by the chief officer of police of the same force as the officer giving the direction.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Schedule 5 (powers exercisable by accredited persons) is amended as provided in subsections (5) and (6).
(5) In paragraph 1 (power to issue fixed penalty notices)—
(a) in sub-paragraph (2)(aa), omit “except in respect of an offence under section 12 of the Licensing Act 1872 or section 91 of the Criminal Justice Act 1967”,
(b) after sub-paragraph (2) insert—
(2A) The reference to the powers mentioned in sub-paragraph (2)(aa) does not include those powers so far as they relate to an offence under the provisions in the following list—
section 12 of the Licensing Act 1872,
section 91 of the Criminal Justice Act 1967,
section 1 of the Theft Act 1968,
section 1(1) of the Criminal Damage Act 1971,
section 87 of the Environmental Protection Act 1990.
(6) In paragraph 9A (power to modify paragraph 1(2)(aa)), for sub-paragraph (1) substitute—
(1) The Secretary of State may by order amend paragraph 1(2A) so as to remove a provision from the list or add a provision to the list; but the list must contain only provisions mentioned in the first column of the Table in section 1(1) of the Criminal Justice and Police Act 2001.
,
and in the heading to paragraph 9A, for “1(2)(aa)” substitute “ 1(2A) ”.
(7) Schedules 8 and 9 to this Act, which provide for additional powers and duties for designated and accredited persons under the Police Reform Act 2002 (c. 30), have effect.
123 Provision of information for use by police staff
(1) In section 71 of the Criminal Justice and Court Services Act 2000 (c. 43) (access to driver licensing records), in subsection (4), after “In this section” insert
—
“constables” includes—
(a) persons employed by a police authority under section 15(1) of the Police Act 1996 who are under the direction and control of the chief officer of police of the police force maintained by that authority,
(b) persons employed by a police authority under section 9(1) of the Police (Scotland) Act 1967 who are under the direction and control of the chief constable of the police force maintained for the authority's area,
(c) police support staff (within the meaning of the Police (Northern Ireland) Act 2000), and
(d) persons employed by the British Transport Police Authority under section 27(1) of the Railways and Transport Safety Act 2003 who are under the direction and control of the Chief Constable of the British Transport Police Force
.
(2) In section 18 of the Vehicles (Crime) Act 2001 (c. 3) (register of registration plate suppliers), after subsection (8) insert—
(9) In this section, “constables” includes—
(a) persons employed by a police authority under section 15(1) of the Police Act 1996 who are under the direction and control of the chief officer of police of the police force maintained by that authority,
(b) persons employed by a police authority under section 9(1) of the Police (Scotland) Act 1967 who are under the direction and control of the chief constable of the police force maintained for the authority's area, and
(c) persons employed by the British Transport Police Authority under section 27(1) of the Railways and Transport Safety Act 2003 who are under the direction and control of the Chief Constable of the British Transport Police Force.
.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
125 Harassment intended to deter lawful activities
(1) The Protection from Harassment Act 1997 (c. 40) is amended as follows.
(2) In section 1 (prohibition of harassment)—
(a) after subsection (1) insert—
(1A) A person must not pursue a course of conduct —
(a) which involves harassment of two or more persons, and
(b) which he knows or ought to know involves harassment of those persons, and
(c) by which he intends to persuade any person (whether or not one of those mentioned above)—
(i) not to do something that he is entitled or required to do, or
(ii) to do something that he is not under any obligation to do.
;
(b) in subsection (2), after “amounts to” insert “ or involves ” and after “amounted to” insert “ or involved ”;
(c) in subsection (3), after “Subsection (1)” insert “ or (1A) ”.
(3) In section 2(1) (offence of harassment) for “section 1” substitute “ section 1(1) or (1A) ”.
(4) In section 3(1) (civil remedy) for “section 1” substitute “ section 1(1) ”.
(5) After section 3 insert—
Injunctions to protect persons from harassment within section 1(1A)
3A (1) This section applies where there is an actual or apprehended breach of section 1(1A) by any person (“the relevant person”).
(2) In such a case—
(a) any person who is or may be a victim of the course of conduct in question, or
(b) any person who is or may be a person falling within section 1(1A)(c),
may apply to the High Court or a county court for an injunction restraining the relevant person from pursuing any conduct which amounts to harassment in relation to any person or persons mentioned or described in the injunction.
(3) Section 3(3) to (9) apply in relation to an injunction granted under subsection (2) above as they apply in relation to an injunction granted as mentioned in section 3(3)(a).
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In section 7 (interpretation of sections 1 to 5)—
(a) for subsection (3) substitute—
(3) A “course of conduct” must involve—
(a) in the case of conduct in relation to a single person (see section 1(1)), conduct on at least two occasions in relation to that person, or
(b) in the case of conduct in relation to two or more persons (see section 1(1A)), conduct on at least one occasion in relation to each of those persons.
; and
(b) after subsection (4) add—
(5) References to a person, in the context of the harassment of a person, are references to a person who is an individual.
(1) After section 42 of the Criminal Justice and Police Act 2001 (c. 16) insert—
Offence of harassment etc. of a person in his home
42A (1) A person commits an offence if—
(a) that person is present outside or in the vicinity of any premises that are used by any individual (“the resident”) as his dwelling;
(b) that person is present there for the purpose (by his presence or otherwise) of representing to the resident or another individual (whether or not one who uses the premises as his dwelling), or of persuading the resident or such another individual—
(i) that he should not do something that he is entitled or required to do; or
(ii) that he should do something that he is not under any obligation to do;
(c) that person—
(i) intends his presence to amount to the harassment of, or to cause alarm or distress to, the resident; or
(ii) knows or ought to know that his presence is likely to result in the harassment of, or to cause alarm or distress to, the resident; and
(d) the presence of that person—
(i) amounts to the harassment of, or causes alarm or distress to, any person falling within subsection (2); or
(ii) is likely to result in the harassment of, or to cause alarm or distress to, any such person.
(2) A person falls within this subsection if he is—
(a) the resident,
(b) a person in the resident's dwelling, or
(c) a person in another dwelling in the vicinity of the resident's dwelling.
(3) The references in subsection (1)(c) and (d) to a person's presence are references to his presence either alone or together with that of any other persons who are also present.
(4) For the purposes of this section a person (A) ought to know that his presence is likely to result in the harassment of, or to cause alarm or distress to, a resident if a reasonable person in possession of the same information would think that A's presence was likely to have that effect.
(5) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 4 on the standard scale, or to both.
(6) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the reference in subsection (5) to 51 weeks is to be read as a reference to 6 months.
(7) In this section “dwelling” has the same meaning as in Part 1 of the Public Order Act 1986.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
127 Harassment etc: police direction to stay away from person's home
(1) Section 42 of the Criminal Justice and Police Act 2001 (c. 16) (police directions stopping harassment of a person in his home) is amended as follows.
(2) For subsection (4) substitute—
(4) The requirements that may be imposed by a direction under this section include—
(a) a requirement to leave the vicinity of the premises in question, and
(b) a requirement to leave that vicinity and not to return to it within such period as the constable may specify, not being longer than 3 months;
and (in either case) the requirement to leave the vicinity may be to do so immediately or after a specified period of time.
(3) In subsection (7), for “contravenes a direction given to him under this section” substitute “ fails to comply with a requirement in a direction given to him under this section (other than a requirement under subsection (4)(b)) ”.
(4) After subsection (7) insert—
(7A) Any person to whom a constable has given a direction including a requirement under subsection (4)(b) commits an offence if he—
(a) returns to the vicinity of the premises in question within the period specified in the direction beginning with the date on which the direction is given; and
(b) does so for the purpose described in subsection (1)(b).
(7B) A person guilty of an offence under subsection (7A) shall be liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 4 on the standard scale, or to both.
(7C) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the reference in subsection (7B) to 51 weeks is to be read as a reference to 6 months.
(1) A person commits an offence if he enters, or is on, any protected site in England and Wales or Northern Ireland as a trespasser.
(1A) In this section “protected site” means—
(a) a nuclear site; or
(b) a designated site.
(1B) In this section “nuclear site” means—
(a) so much of any premises in respect of which a nuclear site licence (within the meaning of the Nuclear Installations Act 1965) is for the time being in force as lies within the outer perimeter of the protection provided for those premises; and
(b) so much of any other premises of which premises falling within paragraph (a) form a part as lies within that outer perimeter.
(1C) For this purpose—
(a) the outer perimeter of the protection provided for any premises is the line of the outermost fences, walls or other obstacles provided or relied on for protecting those premises from intruders; and
(b) that line shall be determined on the assumption that every gate, door or other barrier across a way through a fence, wall or other obstacle is closed.
(2) A “designated site” means a site—
(a) specified or described (in any way) in an order made by the Secretary of State, and
(b) designated for the purposes of this section by the order.
(3) The Secretary of State may only designate a site for the purposes of this section if—
(a) it is comprised in Crown land; or
(b) it is comprised in land belonging to Her Majesty in Her private capacity or to the immediate heir to the Throne in his private capacity; or
(c) it appears to the Secretary of State that it is appropriate to designate the site in the interests of national security.
(4) It is a defence for a person charged with an offence under this section to prove that he did not know, and had no reasonable cause to suspect, that the site in relation to which the offence is alleged to have been committed was a protected site.
(5) A person guilty of an offence under this section is liable on summary conviction—
(a) to imprisonment for a term not exceeding 51 weeks, or
(b) to a fine not exceeding level 5 on the standard scale,
or to both.
(6) No proceedings for an offence under this section may be instituted against any person—
(a) in England and Wales, except by or with the consent of the Attorney General, or
(b) in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland.
(7) For the purposes of this section a person who is on any protected site as a trespasser does not cease to be a trespasser by virtue of being allowed time to leave the site.
(8) In this section—
(a) “site” means the whole or part of any building or buildings, or any land, or both;
(b) “Crown land” means land in which there is a Crown interest or a Duchy interest.
(9) For this purpose—
“Crown interest” means an interest belonging to Her Majesty in right of the Crown, and
“Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.
(10) In the application of this section to Northern Ireland, the reference to 51 weeks in subsection (5)(a) is to be read as a reference to 6 months.
(1) A person commits an offence if he enters, or is on, any protected Scottish site without lawful authority.
(1A) In this section ‘protected Scottish site’ means—
(a) a nuclear site in Scotland; or
(b) a designated Scottish site.
(1B) In this section ‘nuclear site’ means—
(a) so much of any premises in respect of which a nuclear site licence (within the meaning of the Nuclear Installations Act 1965) is for the time being in force as lies within the outer perimeter of the protection provided for those premises; and
(b) so much of any other premises of which premises falling within paragraph (a) form a part as lies within that outer perimeter.
(1C) For this purpose—
(a) the outer perimeter of the protection provided for any premises is the line of the outermost fences, walls or other obstacles provided or relied on for protecting those premises from intruders; and
(b) that line shall be determined on the assumption that every gate, door or other barrier across a way through a fence, wall or other obstacle is closed.
(2) A “designated Scottish site” means a site in Scotland—
(a) specified or described (in any way) in an order made by the Secretary of State, and
(b) designated for the purposes of this section by the order.
(3) The Secretary of State may only designate a site for the purposes of this section if it appears to him that it is appropriate to designate the site in the interests of national security.
(4) It is a defence for a person charged with an offence under this section to prove that he did not know, and had no reasonable cause to suspect, that the site in relation to which the offence is alleged to have been committed was a protected Scottish site.
(5) A person guilty of an offence under this section is liable on summary conviction—
(a) to imprisonment for a term not exceeding 12 months, or
(b) to a fine not exceeding level 5 on the standard scale,
or to both.
(6) For the purposes of subsection (1), a person who is on any protected Scottish site without lawful authority does not acquire lawful authority by virtue of being allowed time to leave the site.
(7) In this section “site” means the whole or part of any building or buildings, or any land, or both.
(1) The following provisions do not apply to land in respect of which a designation order is in force—
(a) section 2(1) of the Countryside and Rights of Way Act 2000 (c. 37) (rights of public in relation to access land),
(b) Part III of the Countryside (Northern Ireland) Order 1983 (S.I. 1983/1895 (N.I. 18)) (access to open country), and
(c) section 1 of the Land Reform (Scotland) Act 2003 (asp 2) (access rights).
(2) The Secretary of State may take such steps as he considers appropriate to inform the public of the effect of any designation order, including, in particular, displaying notices on or near the site to which the order relates.
(3) But the Secretary of State may only—
(a) display any such notice, or
(b) take any other steps under subsection (2),
in or on any building or land, if the appropriate person consents.
(4) The “appropriate person” is—
(a) a person appearing to the Secretary of State to have a sufficient interest in the building or land to consent to the notice being displayed or the steps being taken, or
(b) a person acting on behalf of such a person.
(5) In this section a “designation order” means—
(a) in relation to England and Wales or Northern Ireland, an order under section 128, or
(b) in relation to Scotland, an order under section 129.