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Serious Organised Crime and Police Bill

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Serious Organised Crime and Police Bill Serious Organised Crime and Police Bill [AS AMENDED IN STANDING COMMITTEE D] CONTENTS PART 1 THE SERIOUS ORGANISED CRIME AGENCY CHAPTER 1 SOCA: ESTABLISHMENT AND ACTIVITIES Establishment of SOCA 1 Establishment of Serious Organised Crime Agency Functions 2 Functions of SOCA as to serious organised crime 3 Functions of SOCA as to information relating to crime 4 Exercise of functions: general considerations General powers 5 SOCA’s general powers Annual plans and reports 6Annual plans 7 Annual reports Central supervision and direction 8 General duty of Secretary of State and Scottish Ministers 9 Strategic priorities 10 Performance targets 11 Codes of practice 12 Reports to Secretary of State 13 Power to direct submission of action plan 14 Revision of inadequate action plan 15 Procedure for giving directions under section 13 16 Reports relating to directions under section 13 17 Inspections Bill 44 53/4 ii Serious Organised Crime and Police Bill Financial provisions 18 Grants by Secretary of State 19 Determinations relating to grants under section 18 20 Charges by SOCA and other receipts 21 Accounts Operational matters 22 Operational responsibility of Director General 23 Activities in Scotland in relation to crime 24 Mutual assistance between SOCA and law enforcement agencies: voluntary arrangements 25 Mutual assistance between SOCA and law enforcement agencies: directed arrangements 26 Directed arrangements: Scotland 27 Use by SOCA of police premises etc. 28 Regulations as to equipment Liability for unlawful conduct 29 Liability of SOCA for acts of seconded staff etc. 30 Payment by SOCA of amounts in connection with unlawful conduct of employees etc. 31 Application of sections 29 and 30 to members of joint investigation teams 32 Liability of special police forces and law enforcement agencies for unlawful conduct of SOCA staff Use and disclosure of information 33 Use of information by SOCA 34 Disclosure of information by SOCA 35 Disclosure of information to SOCA 36 Restrictions on further disclosure General duties of police etc. 37 General duty of police to pass information to SOCA 38 General duty of police etc. to assist SOCA Miscellaneous and supplementary 39 Directions 40 Interpretation of Chapter 1 CHAPTER 2 SOCA: SPECIAL POWERS OF DESIGNATED STAFF Designations 41 Designation of SOCA staff as persons having powers of constable etc. 42 Delegation of power to designate 43 Modification or withdrawal of designations Serious Organised Crime and Police Bill iii Powers exercisable 44 Person having powers of a constable 45 Person having powers of constable: Scotland and Northern Ireland 46 Person having customs powers 47 Person having powers of an immigration officer Exercise of powers 48 Designations: supplementary 49 Assaults, obstruction or deception in connection with designations Supplementary 50 Modification of enactments 51 Employment provisions 52 Interpretation of Chapter 2 CHAPTER 3 SOCA: MISCELLANEOUS AND SUPPLEMENTARY Complaints and misconduct 53 Complaints and misconduct Joint investigation teams 54 Assaults or obstruction in connection with joint investigation teams Transfers 55 Transfers to SOCA Amendments 56 Minor and consequential amendments relating to SOCA PART 2 INVESTIGATIONS, PROSECUTIONS, PROCEEDINGS AND PROCEEDS OF CRIME CHAPTER 1 INVESTIGATORY POWERS OF DPP, ETC. Introductory 57 Investigatory powers of DPP etc. 58 Offences to which this Chapter applies Disclosure notices 59 Disclosure notices 60 Production of documents iv Serious Organised Crime and Police Bill 61 Restrictions on requiring information etc. 62 Restrictions on use of statements Enforcement 63 Power to enter and seize documents 64 Offences in connection with disclosure notices or search warrants Supplementary 65 Procedure applicable to search warrants 66 Manner in which disclosure notice may be given 67 Interpretation of Chapter 1 CHAPTER 2 OFFENDERS ASSISTING INVESTIGATIONS AND PROSECUTIONS 68 Assistance by offender: immunity from prosecution 69 Assistance by offender: undertakings as to use of evidence 70 Assistance by defendant: reduction in sentence 71 Assistance by defendant: review of sentence CHAPTER 3 FINANCIAL REPORTING ORDERS 72 Financial reporting orders: making 73 Financial reporting orders: making in Scotland 74 Financial reporting orders: effect 75 Financial reporting orders: variation and revocation 76 Financial reporting orders: verification and disclosure CHAPTER 4 PROTECTION OF WITNESSES AND OTHER PERSONS 77 Protection of persons involved in investigations or proceedings 78 Joint arrangements 79 Transfer of responsibility to other protection provider 80 Duty to assist protection providers 81 Offence of disclosing information about protection arrangements 82 Defences to liability under section 81 83 Offences of disclosing information relating to persons assuming new identity 84 Defences to liability under section 83 85 Protection from liability 86 Transitional provision 87 Transitional provision: supplemental 88 Provision of information 89 Interpretation of Chapter 4 Serious Organised Crime and Police Bill v CHAPTER 5 INTERNATIONAL OBLIGATIONS 90 Enforcement of overseas forfeiture orders 91 Mutual assistance in freezing property or evidence CHAPTER 6 PROCEEDS OF CRIME 92 Confiscation orders by magistrates’ courts 93 Civil recovery: freezing orders 94 Civil recovery: interim receivers’ expenses etc. 95 Detention of seized cash: meaning of “48 hours” 96 Appeal in proceedings for forfeiture of cash 97 Money laundering: defence where overseas conduct is legal under local law 98 Money laundering: threshold amounts 99 Money laundering: disclosures to identify persons and property 100 Money laundering: form and manner of disclosures 101 Money laundering: miscellaneous amendments 102 Money laundering offences 103 International co-operation PART 3 POLICE POWERS ETC. Powers of arrest 104 Powers of arrest 105 Powers of arrest: supplementary Exclusion zones 106 Power to direct a person to leave a place Search warrants 107 Search warrants: premises 108 Search warrants: other amendments Fireworks 109 Power to stop and search for prohibited fireworks Photographing of suspects etc. 110 Photographing of suspects etc. Fingerprints and footwear impressions 111 Fingerprints 112 Impressions of footwear vi Serious Organised Crime and Police Bill Intimate samples 113 Intimate samples Custody officers 114 Staff custody officers: designation 115 Custody officers: amendments to PACE Designated and accredited persons 116 Powers of designated and accredited persons Provision of information for use by police staff 117 Provision of information for use by police staff Interpretation of Part 3 118 Interpretation of Part 3 PART 4 PUBLIC ORDER AND CONDUCT IN PUBLIC PLACES ETC. Harassment 119 Harassment intended to deter lawful activities 120 Harassment etc. of a person in his home 121 Harassment etc: police direction to stay away from person’s home Racial and religious hatred 122 Racial and religious hatred Trespass on designated site 123 Offence of trespassing on designated site 124 Corresponding Scottish offence 125 Designated sites: powers of arrest 126 Designated sites: access 127 Designated Scottish sites: access Behaviour in vicinity of Parliament 128 Directions as to behaviour in vicinity of Parliament 129 Section 128: offences Anti-social behaviour 130 Orders about anti-social behaviour etc. 131 Variation and discharge of anti-social behaviour orders made on conviction 132 Anti-social behaviour orders etc: reporting restrictions 133 Contracting out of local authority functions relating to anti-social behaviour orders Serious Organised Crime and Police Bill vii Parental compensation orders 134 Parental compensation orders PART 5 MISCELLANEOUS Vehicle registration and road traffic offences 135 Offence in respect of incorrectly registered vehicles 136 Power of constables to require production of registration documents in respect of a vehicle 137 Power to seize etc. vehicles driven without insurance 138 Payments by Secretary of State to police authorities in relation to the prevention, detection and enforcement of certain traffic offences 139 Payments by Scottish Ministers to police authorities etc. in relation to the prevention, detection and enforcement of certain traffic offences Local policing information 140 Publication of local policing information Other miscellaneous police matters 141 Responsibilities in relation to the health and safety etc. of police 142 Investigations: accelerated procedure in special cases 143 Investigations: deaths and serious injuries during or after contact with the police Royal Parks etc. 144 Abolition of Royal Parks Constabulary 145 Regulation of specified parks Criminal record checks 146 Criminal record certificates 147 Criminal records checks: verification of identity 148 Certain references to police forces 149 Further amendments to Police Act 1997 as it applies to Scotland 150 Part 5 of the Police Act 1997: Channel Islands and Isle of Man Witness summonses 151 Powers of Crown Court and Magistrates’ Court to issue witness summons 152 Powers of courts-martial etc. to issue warrants of arrest in respect of witnesses Private Security Industry Act 2001: Scotland 153 Private Security Industry Act 2001: Scottish extent viii Serious Organised Crime and Police Bill PART 6 FINAL PROVISIONS 154 Orders and regulations 155 Supplementary, incidental, consequential etc. provision 156 Repeals and revocations 157 Penalties for offences: transitional modification for England and Wales 158 Expenses 159 Interpretation 160 Commencement
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