Serious Organised Crime and Police Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Home Office, are published separately as Bill 5—EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Mr Secretary Blunkett has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the Serious Organised Crime and Police Bill are compatible with the Convention rights. Bill 5 53/4 Serious Organised Crime and Police Bill 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 5 53/4 iv 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 Use by SOCA of police premises etc. 27 Regulations as to equipment 28 Liability of SOCA for acts of seconded staff 29 Payment by SOCA of amounts in connection with unlawful conduct of employees etc. 30 Application of sections 28 and 29 to members of joint investigation teams Use and disclosure of information 31 Use of information by SOCA 32 Disclosure of information by SOCA 33 Disclosure of information to SOCA 34 Disclosure of police information to SOCA Miscellaneous and supplementary 35 General duty on police etc. to assist SOCA 36 Directions 37 Interpretation of Chapter 1 CHAPTER 2 SOCA: SPECIAL POWERS OF DESIGNATED STAFF Designations 38 Designation of SOCA staff as persons having powers of constable etc. 39 Delegation of power to designate 40 Modification or withdrawal of designations Powers exercisable 41 Person having powers of a constable 42 Person having powers of constable: Scotland and Northern Ireland 43 Person having customs powers 44 Person having powers of an immigration officer Exercise of powers 45 Designations: supplementary Serious Organised Crime and Police Bill v 46 Assaults, obstruction or deception in connection with designations Supplementary 47 Modification of enactments 48 Employment provisions 49 Interpretation of Chapter 2 CHAPTER 3 SOCA: MISCELLANEOUS AND SUPPLEMENTARY Complaints and misconduct 50 Complaints and misconduct Joint investigation teams 51 Assaults or obstruction in connection with joint investigation teams Transfers 52 Transfers to SOCA Amendments 53 Minor and consequential amendments relating to SOCA PART 2 INVESTIGATIONS, PROSECUTIONS, PROCEEDINGS AND PROCEEDS OF CRIME CHAPTER 1 INVESTIGATORY POWERS OF DPP, ETC. Introductory 54 Investigatory powers of DPP etc. 55 Offences to which this Chapter applies Disclosure notices 56 Disclosure notices 57 Production of documents 58 Restrictions on requiring information etc. 59 Restrictions on use of statements Enforcement 60 Power to enter and seize documents 61 Offences in connection with disclosure notices or search warrants vi Serious Organised Crime and Police Bill Supplementary 62 Procedure applicable to search warrants 63 Manner in which disclosure notice may be given 64 Interpretation of Chapter 1 CHAPTER 2 OFFENDERS ASSISTING INVESTIGATIONS AND PROSECUTIONS 65 Assistance by offender: immunity from prosecution 66 Assistance by offender: undertakings as to use of evidence 67 Assistance by defendant: reduction in sentence 68 Assistance by defendant: review of sentence CHAPTER 3 FINANCIAL REPORTING ORDERS 69 Financial reporting orders: making 70 Financial reporting orders: making in Scotland 71 Financial reporting orders: effect 72 Financial reporting orders: variation and revocation 73 Financial reporting orders: verification and disclosure CHAPTER 4 PROTECTION OF WITNESSES AND OTHER PERSONS 74 Protection of persons involved in investigations or proceedings 75 Joint arrangements 76 Transfer of responsibility to other protection provider 77 Duty to assist protection providers 78 Offence of disclosing information about protection arrangements 79 Defences to liability under section 78 80 Offences of disclosing information relating to persons assuming new identity 81 Defences to liability under section 80 82 Protection from liability 83 Transitional provision 84 Transitional provision: supplemental 85 Provision of information 86 Interpretation CHAPTER 5 INTERNATIONAL OBLIGATIONS 87 Enforcement of overseas forfeiture orders 88 Mutual assistance in freezing property or evidence CHAPTER 6 PROCEEDS OF CRIME 89 Confiscation orders by magistrates’ courts Serious Organised Crime and Police Bill vii 90 Civil recovery: freezing orders 91 Civil recovery: interim receivers’ expenses etc. 92 Detention of seized cash: meaning of “48 hours” 93 Appeal in proceedings for forfeiture of cash 94 Money laundering: defence where overseas conduct is legal under local law 95 Money laundering: threshold amounts 96 Money laundering: disclosures to identify persons and property 97 Money laundering: form and manner of disclosures 98 Money laundering: miscellaneous amendments 99 Money laundering offences 100 International co-operation PART 3 POLICE POWERS ETC. Powers of arrest 101 Powers of arrest 102 Powers of arrest: supplementary Exclusion zones 103 Power to direct a person to leave a place Search warrants 104 Search warrants: premises 105 Search warrants: other amendments Fireworks 106 Power to stop and search for prohibited fireworks Photographing of suspects etc. 107 Photographing of suspects etc. Fingerprints and footwear impressions 108 Fingerprints 109 Impressions of footwear Intimate samples 110 Intimate samples Custody officers 111 Staff custody officers: designation 112 Custody officers: amendments to PACE viii Serious Organised Crime and Police Bill Designated and accredited persons 113 Powers of designated and accredited persons Provision of information for use by police staff 114 Provision of information for use by police staff Interpretation of Part 3 115 Interpretation of Part 3 PART 4 PUBLIC ORDER AND CONDUCT IN PUBLIC PLACES ETC. Harassment 116 Harassment intended to deter lawful activities 117 Harassment etc. of a person in his home 118 Harassment etc.: police direction to stay away from person’s home Racial and religious hatred 119 Racial and religious hatred Trespass on designated site 120 Offence of trespassing on designated site 121 Designated sites: powers of arrest 122 Designated sites: access Behaviour in vicinity of Parliament 123 Directions as to behaviour in vicinity of Parliament 124 Section 123: offences Anti-social behaviour 125 Orders about anti-social behaviour etc. 126 Variation and discharge of anti-social behaviour orders made on conviction 127 Anti-social behaviour orders etc.: reporting restrictions 128 Contracting out of local authority functions relating to anti-social behaviour orders PART 5 MISCELLANEOUS Vehicle registration and road traffic offences 129 Offence in respect of incorrectly registered vehicles 130 Power of constables to require production of registration documents in respect of a vehicle 131 Power to seize etc. vehicles driven without insurance Serious Organised Crime and Police Bill ix 132 Payments by Secretary of State to police authorities in relation to the prevention, detection and enforcement of certain traffic offences 133 Payments by Scottish Ministers to police authorities etc. in relation to the prevention, detection and enforcement of certain traffic offences Local policing information 134 Publication of local policing information Other miscellaneous police matters 135 Responsibilities in relation to the health and safety etc. of police 136 Investigations: accelerated procedure in special cases 137 Investigations: deaths and serious injuries during or after contact with the police Royal Parks etc. 138 Abolition of Royal Parks Constabulary 139 Regulation of specified parks Criminal record checks 140 Criminal record certificates 141 Criminal records checks: verification of identity 142 Certain references to police forces 143 Further amendments to Police Act 1997 as it applies to Scotland 144 Part 5 of the Police Act 1997: Channel Islands and Isle of Man Witness summonses 145 Powers of Crown Court and Magistrates’ Court to issue witness summons 146 Powers of courts-martial etc. to issue warrants of arrest in respect of witnesses Private Security Industry Act 2001: Scotland 147 Private Security Industry Act 2001: Scottish extent PART 6 FINAL PROVISIONS 148 Orders and regulations 149 Supplementary, incidental, consequential etc. provision 150 Repeals and revocations 151 Penalties for offences: transitional modification for England and Wales 152 Expenses 153 Interpretation 154 Commencement 155 Short title and extent x Serious Organised Crime