UKPGA-2007-27 Serious Crime Act 2007 UK

The High Court in England and Wales may make an order if—

The appropriate court in Scotland may make an order if—

The High Court in Northern Ireland may make an order if—

An order under this section may contain—as the court considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the person concerned in serious crime in England and Wales , Scotland or (as the case may be) Northern Ireland.

The powers of the court in respect of an order under this section are subject to sections 6 to 15 (safeguards).

In this Part—“appropriate court” means the Court of Session or sheriff;“serious crime prevention order” means—an order under this section; an order under section 19 (corresponding order of the Crown Court on conviction); or an order under section 22A (corresponding order of the High Court of Justiciary or sheriff on conviction).

For the purposes of this Part references to the person who is the subject of a serious crime prevention order are references to the person against whom the public are to be protected.

For the purposes of this Part, a person has been involved in serious crime in England and Wales if he—

In this Part “a serious offence in England and Wales” means an offence under the law of England and Wales which, at the time when the court is considering the application or matter in question—

For the purposes of this Part, involvement in serious crime in England and Wales is any one or more of the following—

For the purposes of section 1(1)(a), a person has been involved in serious crime elsewhere than in England and Wales if he—

In subsection (4) “a serious offence in a country outside England and Wales” means an offence under the law of a country outside England and Wales which, at the time when the court is considering the application or matter in question—

The test in subsection (4) is to be used instead of the tests in sections 2A(1) and 3(1) in deciding for the purposes of section 1(1)(a) whether a person has been involved in serious crime in Scotland or (as the case may be) Northern Ireland.

An act punishable under the law of a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (5), however it is described in that law.

For the purposes of this Part, a person has been involved in serious crime in Scotland if he—

In this Part “a serious offence in Scotland” means an offence under the law of Scotland which, at the time when the court is considering the application or matter in question—

For the purposes of this Part, involvement in serious crime in Scotland is any one or more of the following—

For the purposes of section 1(1A)(a), a person has been involved in serious crime elsewhere than in Scotland if he—

In subsection (4) “a serious offence in a country outside Scotland” means an offence under the law of a country outside Scotland which, at the time when the court is considering the application or matter in question—

The test in subsection (4) is to be used instead of the tests in sections 2(1) and 3(1) in deciding for the purposes of section 1(1A)(a) whether a person has been involved in serious crime in England and Wales or (as the case may be) Northern Ireland.

An act punishable under the law of a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (5), however it is described in that law.

For the purposes of this Part, a person has been involved in serious crime in Northern Ireland if he—

In this Part “a serious offence in Northern Ireland” means an offence under the law of Northern Ireland which, at the time when the court is considering the application or matter in question—

For the purposes of this Part, involvement in serious crime in Northern Ireland is any one or more of the following—

For the purposes of section 1(2)(a), a person has been involved in serious crime elsewhere than in Northern Ireland if he—

In subsection (4) “a serious offence in a country outside Northern Ireland” means an offence under the law of a country outside Northern Ireland which, at the time when the court is considering the application or matter in question—

The test in subsection (4) is to be used instead of the tests in sections 2(1) and 2A(1) in deciding for the purposes of section 1(2)(a) whether a person has been involved in serious crime in England and Wales or (as the case may be) Scotland.

An act punishable under the law of a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (5), however it is described in that law.

In considering for the purposes of this Part whether a person has committed a serious offence—

In deciding for the purposes of this Part whether a person (“the respondent”) facilitates the commission by another person of a serious offence, the court must ignore—

In deciding for the purposes of this Part whether a person (“the respondent”) conducts himself in a way that is likely to facilitate the commission by himself or another person of a serious offence (whether or not such an offence is committed), the court must ignore—

The Secretary of State may by order amend Part 1 of Schedule 1.

The Scottish Ministers may by order amend Part 1A of Schedule 1.

The Scottish Ministers may not exercise the power conferred by subsection (4A) in relation to an offence which relates to a reserved matter (within the meaning of the Scotland Act 1998) without the consent of the Secretary of State.

The Department of Justice in Northern Ireland may by order amend Part 2 of Schedule 1.

This section contains examples of the type of provision that may be made by a serious crime prevention order but it does not limit the type of provision that may be made by such an order.

Examples of prohibitions, restrictions or requirements that may be imposed by serious crime prevention orders in England and Wales, Scotland or Northern Ireland include prohibitions, restrictions or requirements in relation to places other than England and Wales, Scotland or (as the case may be) Northern Ireland.

Examples of prohibitions, restrictions or requirements that may be imposed on individuals (including partners in a partnership) by serious crime prevention orders include prohibitions or restrictions on, or requirements in relation to—

Examples of prohibitions, restrictions or requirements that may be imposed on bodies corporate, partnerships and unincorporated associations by serious crime prevention orders include prohibitions or restrictions on, or requirements in relation to—

Examples of requirements that may be imposed on any persons by serious crime prevention orders include—

The prohibitions, restrictions or requirements that may be imposed on individuals by serious crime prevention orders include prohibitions, restrictions or requirements in relation to an individual's private dwelling (including, for example, prohibitions or restrictions on, or requirements in relation to, where an individual may reside).

In this Part—“document” means anything in which information of any description is recorded (whether or not in legible form);“a law enforcement officer” means—a constable; a National Crime Agency officer who is for the time being designated under section 9 or 10 of the Crime and Courts Act 2013; an officer of Revenue and Customs; or a member of the Serious Fraud Office; and“premises” includes any land, vehicle, vessel, aircraft or hovercraft.

Any reference in this Part to the production of documents is, in the case of a document which contains information recorded otherwise than in legible form, a reference to the production of a copy of the information in legible form.

This section applies where information is provided to a law enforcement officer in response to an information requirement imposed by a serious crime prevention order.“Information requirement” means a requirement of the kind referred to in section 5(5)(a) or (b).

The law enforcement officer may, for the purpose of—disclose the information to any person who the officer reasonably believes may be able to contribute to doing either of those things.

Any other person may disclose information to—for the purpose of contributing to doing either of the things mentioned in subsection (2)(a) and (b).

The law enforcement officer may also disclose the information referred to in subsection (1) for the purposes of—

A disclosure under this section does not breach—

But nothing in this section authorises a disclosure, in contravention of any provisions of the data protection legislation, of personal data which is not exempt from those provisions.

In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

A serious crime prevention order made by a court in England and Wales may require an individual (including a partner in a partnership) to submit to electronic monitoring of their compliance with prohibitions, restrictions or other requirements imposed by the order.

A requirement imposed under subsection (1) is referred to in this Part as an “electronic monitoring requirement”.

A serious crime prevention order that includes an electronic monitoring requirement must specify the person who is to be responsible for the monitoring.

The person specified under subsection (3) (“the responsible person”) must be of a description specified in regulations made by the Secretary of State.

Where a serious crime prevention order imposes an electronic monitoring requirement on a person, the person must (among other things)—These obligations have effect as requirements of the order.

A serious crime prevention order may not provide for an electronic monitoring requirement to have effect for more than 12 months (but this does not limit any power of a court to extend that period).

This section applies for the purpose of determining whether a court may impose an electronic monitoring requirement on a person (“P”) under section 5B.

The requirement may not be imposed in P’s absence.

If there is a person (other than P) without whose co-operation it would be impracticable to secure the monitoring in question, the requirement may not be imposed without that person’s consent.

A court may impose the requirement in relation to a relevant police area or areas only if—

For the purposes of subsection (4)—“relevant police area” means—the police area in England or Wales in which it appears to the court that P resides or will reside, and in a case where it is proposed to include in the order—a requirement that P must remain, for specified periods, at a specified place, or a provision prohibiting P from entering a specified place or area, the police area in England or Wales in which the place or area proposed to be specified is situated;“specified” means specified in the order.

The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of individuals under electronic monitoring requirements imposed by serious crime prevention orders.

A failure to act in accordance with a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.

A person may not be made the subject of a serious crime prevention order in England and Wales if the person falls within a description specified by order of the Secretary of State.

A person may not be made the subject of a serious crime prevention order in Scotland if the person falls within a description specified by order of the Scottish Ministers.

A person may not be made the subject of a serious crime prevention order in Northern Ireland if the person falls within a description specified by order of the Department of Justice in Northern Ireland.

A serious crime prevention order may be made only on an application by—

A chief officer of police may make an application for a serious crime prevention order only if—

In this section “chief officer of police”—

A serious crime prevention order may be made by the High Court in England and Wales—

A serious crime prevention order may be made by the Crown Court in England and Wales—

A serious crime prevention order may be made by a court or sheriff in Scotland—

A serious crime prevention order may be made by a court in Northern Ireland—

For the purposes of this Part, a serious crime prevention order is “terrorism-related” if the trigger offence is within subsection (3).

The “trigger offence”, in relation to a serious crime prevention order, is the serious offence referred to in section 2(1) or (4), 2A(1) or (4) or (as the case may be) 3(1) or (4) pursuant to which the court is satisfied that the person who is the subject of the order has been involved in serious crime.

A trigger offence is within this subsection if—

Subsection (5) applies where—

The court—

For the purposes of this section, an offence was determined to have a terrorist connection if —(and the reference in subsection (4)(c) to an offence being capable of being determined to have such a connection is to be read accordingly).

In this section “terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act).

The High Court or (in Scotland) the appropriate court must, on an application by a person, give the person an opportunity to make representations in proceedings before it about the making of a serious crime prevention order if it considers that the making of the order would be likely to have a significant adverse effect on that person.

The High Court or (in Scotland) the appropriate court must, on an application by a person, give the person an opportunity to make representations in proceedings before it about the variation of a serious crime prevention order if it considers that—would be likely to have a significant adverse effect on that person.

The High Court or (in Scotland) the appropriate court must, on an application by a person, give the person an opportunity to make representations in proceedings before it about the discharge of a serious crime prevention order if it considers that—would be likely to have a significant adverse effect on that person.

The Crown Court must, on an application by a person, give the person an opportunity to make representations in proceedings before it arising by virtue of section 19, 20 , 21 or 22E if it considers that the making or variation of the serious crime prevention order concerned (or a decision not to vary it) would be likely to have a significant adverse effect on that person.

The High Court of Justiciary must, on an application by a person, give the person an opportunity to make representations in proceedings before it arising by virtue of section 24B(3) if it considers that the making or variation of the serious crime prevention order concerned (or a decision not to vary it) would be likely to have a significant adverse effect on that person.

A court which is considering an appeal in relation to a serious crime prevention order must, on an application by a person, give the person an opportunity to make representations in the proceedings if that person was given an opportunity to make representations in the proceedings which are the subject of the appeal.

The subject of a serious crime prevention order is bound by it or a variation of it only if—

The notice may be served on him by—

For the purposes of delivering such a notice to him in person, a constable or a person authorised for the purpose by the relevant applicant authority may (if necessary by force)—

In this Part “the relevant applicant authority” means—

A serious crime prevention order in England and Wales or Northern Ireland may not require a person—

A “privileged question” is a question which the person would be entitled to refuse to answer on grounds of legal professional privilege in proceedings in the High Court.

“Privileged information” is information which the person would be entitled to refuse to provide on grounds of legal professional privilege in such proceedings.

A “privileged document” is a document which the person would be entitled to refuse to produce on grounds of legal professional privilege in such proceedings.

A serious crime prevention order in Scotland may not require a person to breach any duty of confidentiality of communications which the person could not be required to breach in proceedings before the appropriate court.

But subsections (1) and (4A) do not prevent an order from requiring a lawyer to provide the name and address of a client of his.

A serious crime prevention order may not require a person to produce—

A serious crime prevention order may not require a person to disclose any information or produce any document in respect of which he owes an obligation of confidence by virtue of carrying on a banking business unless condition A or B is met.

Condition A is that the person to whom the obligation of confidence is owed consents to the disclosure or production.

Condition B is that the order contains a requirement—

A serious crime prevention order may not require a person—if the disclosure concerned is prohibited under any other enactment.

In this section—“enactment” includes an Act of the Scottish Parliament, Northern Ireland legislation and an enactment comprised in subordinate legislation, and includes an enactment whenever passed or made; and“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) and also includes an instrument made under—an Act of the Scottish Parliament; or Northern Ireland legislation.

A statement made by a person in response to a requirement imposed by a serious crime prevention order may not be used in evidence against him in any criminal proceedings unless condition A or B is met.

Condition A is that the criminal proceedings relate to an offence under section 25.

Condition B is that—

Schedule 1A contains provision about notifications to be given by a person who is subject to a serious crime prevention order in England and Wales (a “relevant order”).

A relevant order—

In this Part references to a “specified person” are to a person specified under subsection (2)(a).

A serious crime prevention order must specify when it is to come into force and when it is to cease to be in force.

An order is not to be in force for more than 5 years beginning with the coming into force of the order.

An order can specify different times for the coming into force, or ceasing to be in force, of different provisions of the order.

Where it specifies different times in accordance with subsection (3), the order—

The fact that an order, or any provision of an order, ceases to be in force does not prevent the court from making a new order to the same or similar effect.

A new order may be made in anticipation of an earlier order or provision ceasing to be in force.

Subsections (2) and (4)(b) have effect subject to section 22E.

The High Court in England and Wales may, on an application under this section, vary a serious crime prevention order in England and Wales if it has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement, by the person who is the subject of the order, in serious crime in England and Wales.

The appropriate court in Scotland may, on an application under this section, vary a serious crime prevention order in Scotland if it has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement, by the person who is the subject of the order, in serious crime in Scotland.

The High Court in Northern Ireland may, on an application under this section, vary a serious crime prevention order in Northern Ireland if it has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement, by the person who is the subject of the order, in serious crime in Northern Ireland.

An application for the variation of an order under this section may be made by—

The court must not entertain an application by the person who is the subject of the order unless it considers that there has been a change of circumstances affecting the order.

The court must not entertain an application by any person falling within subsection (3)(b)(ii) unless it considers that—

Condition A is that—

Condition B is that—

Where the relevant applicant authority is the chief constable of the Police Service of Scotland, an application for the variation of the order may only be made under this section to the Court of Session (and not to the sheriff).

A variation on an application under subsection (3)(a) may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).

On an application under this section—

An application for the discharge of an order may be made by—

The court must not entertain an application by the person who is the subject of the order unless it considers that there has been a change of circumstances affecting the order.

The court must not entertain an application by any person falling within subsection (2)(b)(ii) unless it considers that—

Condition A is that—

Condition B is that—

Where the relevant applicant authority is the chief constable of the Police Service of Scotland, an application for the discharge of the order may only be made under this section to the Court of Session (and not to the sheriff).

Subsection (2) applies where the Crown Court in England and Wales is dealing with a person who—

The Crown Court may, in addition to dealing with the person in relation to the offence, make an order if it has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales.

A court that makes an order by virtue of subsection (2) in the case of a person who is already the subject of a serious crime prevention order in England and Wales must discharge the existing order.

Subsection (4) applies where the Crown Court in Northern Ireland is dealing with a person who has been convicted by or before the Crown Court of having committed a serious offence in Northern Ireland.

The Crown Court may, in addition to dealing with the person in relation to the offence, make an order if it has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Northern Ireland.

A court that makes an order by virtue of subsection (4) in the case of a person who is already the subject of a serious crime prevention order in Northern Ireland must discharge the existing order.

An order under this section may contain—as the court considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the person concerned in serious crime in England and Wales or (as the case may be) Northern Ireland.

The powers of the court in respect of an order under this section are subject to sections 6 to 15 (safeguards).

An order must not be made under this section except—

An order under this section is also called a serious crime prevention order.

Subsection (2) applies where the Crown Court in England and Wales is dealing with a person who—

The Crown Court may—vary the order if the court has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales.

Subsection (4) applies where the Crown Court in Northern Ireland is dealing with a person who has been convicted by or before the Crown Court of having committed a serious offence in Northern Ireland.

The Crown Court may—vary the order if the court has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Northern Ireland.

A variation under this section may be made only on an application by the relevant applicant authority.

A variation must not be made except—

A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).

Subsection (2) applies where the Crown Court in England and Wales is dealing with a person who—

The Crown Court may—vary or replace the order if it has reasonable grounds to believe that the terms of the order as varied, or the new order, would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales.

Subsection (4) applies where the Crown Court in Northern Ireland is dealing with a person who has been convicted by or before the Crown Court of an offence under section 25 in relation to a serious crime prevention order.

The Crown Court may—vary or replace the order if it has reasonable grounds to believe that the terms of the order as varied, or the new order, would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Northern Ireland.

An order may be varied or replaced under this section only on an application by the relevant applicant authority.

A variation or new order must not be made except—

A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).

A reference in this section to replacing a serious crime prevention order is to making a new serious crime prevention order and discharging the existing one.

The fact that a serious crime prevention order has been made or varied by the High Court does not prevent it from being varied by the Crown Court in accordance with this Part.

The fact that a serious crime prevention order has been made or varied by the Crown Court does not prevent it from being varied or discharged by the High Court in accordance with this Part.

A decision by the Crown Court not to make an order under section 19 does not prevent a subsequent application to the High Court for an order under section 1 in consequence of the same offence.

A decision by the Crown Court not to vary a serious crime prevention order under section 20 or 21 does not prevent a subsequent application to the High Court for a variation of the order in consequence of the same offence.

Subsection (2) applies where—

The High Court or (as the case may be) the sheriff may, in addition to dealing with the person in relation to the offence, make an order if the High Court or (as the case may be) the sheriff has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Scotland.

The High Court or sheriff making an order by virtue of subsection (2) in the case of a person who is already the subject of a serious crime prevention order in Scotland must discharge the existing order.

An order under this section may contain—as the High Court or (as the case may be) the sheriff considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the person concerned in serious crime in Scotland.

The powers of the High Court and the sheriff in respect of an order under this section are subject to sections 6 to 15 (safeguards).

An order must not be made under this section except—

An order under this section is also called a serious crime prevention order.

Subsection (2) applies where—

The High Court or (as the case may be) the sheriff may—vary the order if the High Court or (as the case may be) the sheriff has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Scotland.

A variation under this section may be made only on an application by the Lord Advocate.

A variation must not be made except—

A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).

Subsection (2) applies where—

The High Court or (as the case may be) the sheriff may—vary or replace the order if the High Court or (as the case may be) the sheriff has reasonable grounds to believe that the terms of the order as varied, or the new order, would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Scotland.

An order may be varied or replaced under this section only on an application by the Lord Advocate.

A variation or new order must not be made except—

A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).

A reference in this section to replacing a serious crime prevention order is to making a new serious crime prevention order and discharging the existing one.

A serious crime prevention order made under section 1(1A) or varied under section 17(1A) may be varied under section 22B(2) or 22C(2).

The fact that a serious crime prevention order made under section 1(1A) or varied under section 17(1A) has been varied under section 22B(2) or 22C(2) does not prevent it from being varied or discharged by the appropriate court.

A decision by the High Court of Justiciary or (as the case may be) the sheriff not to make an order under section 22A does not prevent a subsequent application to the appropriate court for an order under section 1(1A) in consequence of the same offence.

Where a serious crime prevention order is made under section 1(1A) or varied under section 17(1A), a decision by the High Court of Justiciary or (as the case may be) the sheriff not to vary the order under section 22B(2) or 22C(2) does not prevent a subsequent application under section 17(1A) for a variation of the order in consequence of the same offence.

This section applies where a person subject to a serious crime prevention order is charged with—

The relevant applicant authority may make an application under this section to—

On an application under this section, the court or sheriff may vary the serious crime prevention order so that it continues in effect until one of the events listed in subsection (4) occurs (if the order would otherwise cease to have effect before then).

The events are—

An order may be made under this section only if—

In subsection (5)(b) “serious crime” means—

An appeal may be made to the Court of Appeal in relation to a decision of the High Court—by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(1), (2) or (as the case may be) (3).

Subsection (1) is without prejudice to the rights of other persons to make appeals, by virtue of section 16 of the Senior Courts Act 1981 (c. 54) or section 35 of the Judicature (Northern Ireland) Act 1978 (c. 23), in relation to any judgments or orders of the High Court about serious crime prevention orders.

An appeal against a decision of the Crown Court in relation to a serious crime prevention order may be made to the Court of Appeal by—

In addition, an appeal may be made to the Court of Appeal in relation to a decision of the Crown Court—by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(4).

Subject to subsection (4), an appeal under subsection (1) or (2) lies only with the leave of the Court of Appeal.

An appeal under subsection (1) or (2) lies without the leave of the Court of Appeal if the judge who made the decision grants a certificate that the decision is fit for appeal under this section.

Subject to any rules of court made under section 53(1) of the Senior Courts Act 1981 (c. 54) (distribution of business between civil and criminal divisions), the criminal division of the Court of Appeal is the division which is to exercise jurisdiction in relation to an appeal under subsection (1) or (2) from a decision of the Crown Court in the exercise of its jurisdiction in England and Wales under this Part.

An appeal against a decision of the Court of Appeal on an appeal to that court under subsection (1) or (2) may be made to the Supreme Court by any person who was a party to the proceedings before the Court of Appeal.

An appeal under subsection (6) lies only with the leave of the Court of Appeal or the Supreme Court.

Such leave must not be granted unless—

The Secretary of State may for the purposes of this section by order make provision corresponding (subject to any specified modifications) to that made by or under an enactment and relating to—

The power to make an order under subsection (9) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as the power may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).

An order under subsection (9) may, in particular, make provision about the payment of costs.

The power to make an appeal to the Court of Appeal under subsection (1)(a) operates instead of any power for the person who is the subject of the order to make an appeal against a decision of the Crown Court in relation to a serious crime prevention order by virtue of—

Section 33(3) of the Criminal Appeal Act 1968 (limitation on appeal from criminal division of the Court of Appeal: England and Wales) does not prevent an appeal to the Supreme Court under subsection (6) above.

An appeal may be made to the Inner House of the Court of Session in relation to a decision of the Outer House of the Court of Session—by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(1), (2) or (as the case may be) (3).

Subsection (1) is without prejudice to the rights of the person who is the subject of the order and the Lord Advocate to make appeals, under section 28 of the Court of Session Act 1988, in relation to any judgments or orders of the Outer House of the Court of Session about serious crime prevention orders.

The following are to be taken to be a sentence for the purpose of an appeal—

If the Lord Advocate considers that a decision of the High Court of Justiciary or the sheriff under section 22A not to make a serious crime prevention order was inappropriate, the Lord Advocate may appeal against the decision.

In addition, an appeal may be made in relation to a decision of the High Court of Justiciary or the sheriff—by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(4A).

A person who, without reasonable excuse, fails to comply with a serious crime prevention order commits an offence.

A person who commits an offence under this section is liable—

In the application of subsection (2)(a) in Northern Ireland, the reference to 12 months is to be read as a reference to 6 months.

In the application of subsection (2)(a) in England and Wales, the reference to 12 months is to be read as a reference to the general limit in a magistrates’ court subject to paragraph 4 of Schedule 13.

In proceedings for an offence under this section, a copy of the original order or any variation of it, certified as such by the proper officer of the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings.

The court before which a person is convicted of an offence under section 25 may order the forfeiture of anything in his possession at the time of the offence which the court considers to have been involved in the offence.

Before making an order under subsection (1) in relation to anything the court must give an opportunity to make representations to any person (in addition to the convicted person) who claims to be the owner of that thing or otherwise to have an interest in it.

An order under subsection (1) may not be made so as to come into force at any time before there is no further possibility (ignoring any power to appeal out of time) of the order being varied or set aside on appeal.

Where the court makes an order under subsection (1), it may also make such other provision as it considers to be necessary for giving effect to the forfeiture.

That provision may, in particular, include provision relating to the retention, handling, destruction or other disposal of what is forfeited.

Provision made by virtue of this section may be varied at any time by the court that made it.

The Director of Public Prosecutions ... or the Director of the Serious Fraud Office may present a petition to the court for the winding up of a company, partnership or relevant body if—

The chief officer of police of a police force in England and Wales may present a petition to the court for the winding up of a company, partnership or relevant body if—A person mentioned in section 8(1)(a)(iii) to (vii) may present a petition to the court for the winding up of a company, partnership or relevant body if—

The Insolvency Act 1986 (c. 45) applies in relation to—as it applies in relation to a petition under section 124A of the Act of 1986 for the winding up of a company and the company's winding up (winding up on grounds of public interest) but subject to the modifications in subsections (3) and (4).

Section 124(4)(b) of the Act of 1986 (application for winding up) applies in relation to a petition under this section as if it permits the petition to be presented by the Director of Public Prosecutions..., the Director of the Serious Fraud Office or the chief officer of police of a police force in England and Wales a person who is authorised to present a petition in accordance with subsection (1) or (1A).

The court may make an order under section 125 of the Act of 1986 (powers of court on hearing of petition) to wind up the company only if—

Section 420 of the Act of 1986 (power to make provision about insolvent partnerships) applies for the purposes of this section as if the reference to an insolvent partnership were a reference to a partnership to which this section applies.

The appropriate Minister may by order provide for the Act of 1986 to apply, with such modifications as that person considers appropriate, in relation to a petition under this section for the winding up of a relevant body and the relevant body's winding up.

An order made by virtue of subsection (5) or (6) must ensure that the court may make an order to wind up the partnership or relevant body only if—

No petition may be presented to, or order to wind up made by, a court in Scotland by virtue of this section in respect of a company, partnership or relevant body whose estate may be sequestrated under the Bankruptcy (Scotland) Act 2016.

No petition may be presented, or order to wind up made, by virtue of this section if—

No petition may be presented, or order to wind up made, by virtue of this section if the company, partnership or relevant body is already being wound up by the court.

In deciding for the purposes of subsection (9) whether an appeal is finally determined or whether the period during which an appeal may be made has expired, any power to appeal out of time is to be ignored.

In this section—“appropriate Minister” means—in relation to a relevant body falling within paragraphs (a) to (c) of the definition of “relevant body” below, the Treasury; and in relation to any other relevant body, the Secretary of State;“company” means—a company registered under the Companies Act 2006 in England and Wales..., or an unregistered company within the meaning of Part 5 of the Insolvency Act 1986 (see section 220 of that Act), but does not include a relevant body;“the court”, in relation to a company, means a court in England and Wales... having jurisdiction to wind up the company;...“partnership” does not include a relevant body;“police-initiated serious crime prevention order” means a serious crime prevention order that was made on the application of the chief officer of police of a police force in England and Wales; and“relevant body” means—a building society (within the meaning of the Building Societies Act 1986 (c. 53)); an incorporated friendly society (within the meaning of the Friendly Societies Act 1992 (c. 40)); a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014; a limited liability partnership; or such other description of person as may be specified by order made by the Secretary of State; and the references to sections 124 to 125 of the Insolvency Act 1986 (c. 45) include references to those sections as applied by section 221(1) of that Act (unregistered companies).

The Scottish Ministers may present a petition to the court for the winding up of a company or relevant body, or the dissolution of a partnership, if—

The chief constable of the Police Service of Scotland may present a petition to the court for the winding up of a company or relevant body, or the dissolution of a partnership, if—

The Insolvency Act 1986 applies in relation to—as it applies in relation to a petition under section 124A of the Act of 1986 for the winding up of a company and the company's winding up (winding up on grounds of public interest) but subject to the modifications in subsections (3) and (4).

Section 124(4)(b) of the Act of 1986 (application for winding up) applies in relation to a petition under this section as if it permits the petition to be presented by the Scottish Ministers or the chief constable of the Police Service of Scotland.

The court may make an order under section 125 of the Act of 1986 (powers of court on hearing of petition) to wind up the company only if—

Where a petition is made to the court under this section for the dissolution of a partnership, the court may make an order to dissolve the partnership only if—

Where the court makes an order to dissolve a partnership under this section, the Partnership Act 1890 applies in respect of the dissolution as if it were a dissolution under section 35 of that Act.

The appropriate Minister may by order provide for the Act of 1986 to apply, with such modifications as that person considers appropriate, in relation to a petition under this section for the winding up of a relevant body and the relevant body's winding up.

An order made by virtue of subsection (7) must ensure that the court may make an order to wind up the relevant body only if—

No petition may be presented, or order to wind up or dissolve made, by virtue of this section if—

No petition may be presented, or order to wind up or dissolve made, by virtue of this section if—

In deciding for the purposes of subsection (9) whether an appeal is finally determined or whether the period during which an appeal may be made has expired, any power to appeal out of time is to be ignored.

In this section—“appropriate Minister” means—in relation to a relevant body falling within paragraphs (a) to (c) of the definition of “relevant body” below, the Treasury; and in relation to any other relevant body, the Scottish Ministers;“company” means—a company registered under the Companies Act 2006 in Scotland, or an unregistered company within the meaning of Part 5 of the Insolvency Act 1986 (see section 220 of that Act), but does not include a relevant body;“the court”, in relation to a company, means a court in Scotland having jurisdiction to wind up the company;“partnership” does not include a relevant body; and“relevant body” means—a building society (within the meaning of the Building Societies Act 1986); an incorporated friendly society (within the meaning of the Friendly Societies Act 1992); a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014; a limited liability partnership; or such other description of person as may be specified by order made by the Scottish Ministers; and the references to sections 124 to 125 of the Insolvency Act 1986 include references to those sections as applied by section 221(1) of that Act (unregistered companies).

The Director of Public Prosecutions for Northern Ireland may present a petition to the court for the winding up of a company, partnership or relevant body if—

The Chief Constable of the Police Service of Northern Ireland may present a petition to the court for the winding up of a company, partnership or relevant body if—

The Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) applies in relation to—as it applies in relation to a petition under Article 104A of the Order of 1989 for the winding up of a company and the company's winding up (winding up on grounds of public interest) but subject to the modifications in subsections (3) and (4).

Article 104(5)(b) of the Order of 1989 (application for winding up) applies in relation to a petition under this section as if it permits the petition to be presented by the Director of Public Prosecutions for Northern Ireland or the Chief Constable of the Police Service of Northern Ireland.

The court may make an order under Article 105 of the Order of 1989 (powers of court on hearing of petition) to wind up the company only if—

Article 364 of the Order of 1989 (power to make provision about insolvent partnerships) applies for the purposes of this section as if the reference to an insolvent partnership were a reference to a partnership to which this section applies.

The appropriate Minister may by order provide for the Order of 1989 to apply, with such modifications as that person considers appropriate, in relation to a petition under this section for the winding up of a relevant body and the relevant body's winding up.

An order made by virtue of subsection (5) or (6) must ensure that the court may make an order to wind up the partnership or relevant body only if—

No petition may be presented, or order to wind up made, by virtue of this section if—

No petition may be presented, or order to wind up made, by virtue of this section if the company, partnership or relevant body is already being wound up by the court.

In deciding for the purposes of subsection (8) whether an appeal is finally determined or whether the period during which an appeal may be made has expired, any power to appeal out of time is to be ignored.

In this section—“appropriate Minister” means—in relation to a relevant body falling within paragraph (a) or (b) of the definition of “relevant body” below, the Treasury; and in relation to any other relevant body, the Department of Justice in Northern Ireland;“company” means—a company registered under the Companies Act 2006 in Northern Ireland, or an unregistered company within the meaning of Part 6 of the Insolvency (Northern Ireland) Order 1989 (see Article 184 of that Order),“ the court ” means the High Court in Northern Ireland;“ an industrial and provident society ” means a society registered under the Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24) or a society deemed by virtue of section 4 of that Act to be so registered;“ partnership ” does not include a relevant body; and“ relevant body ” means—a building society (within the meaning of the Building Societies Act 1986 (c. 53)); an incorporated friendly society (within the meaning of the Friendly Societies Act 1992 (c. 40)); an industrial and provident society; a limited liability partnership; or such other description of person as may be specified by order made by the Department of Justice in Northern Ireland; and the references to Articles 104 to 105 of the Insolvency (Northern Ireland) Order 1989 ( S.I. 1989/2405 (N.I.19)) include references to those Articles as applied by Article 185(1) of that Order (unregistered companies).

The Secretary of State may by order make such modifications as he considers appropriate to the application of—

The Scottish Ministers may by order make such modifications as they consider appropriate to the application of the Insolvency Act 1986 by virtue of section 27A(2).

The Department of Justice in Northern Ireland may by order make such modifications as the Department considers appropriate to the application of the Insolvency (Northern Ireland) Order 1989 by virtue of section 28(2).

Any modifications made by virtue of subsection (1), (1ZA) or (1A) are in addition to the modifications made by section 27(3) and (4), 27A(3) and (4) or (as the case may be) section 28(3) and (4).

The Secretary of State may by order make such consequential or supplementary provision, applying with or without modifications any provision made by or under an enactment, as he considers appropriate in connection with section 27(2) to (4) ....

The Scottish Ministers may by order make such consequential or supplementary provision, applying with or without modifications any provision made by or under an enactment including an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, as they consider appropriate in connection with section 27A(2) to (4).

The Department of Justice in Northern Ireland may by order make such consequential or supplementary provision, applying with or without modifications any provision made by or under an enactment, as the Department considers appropriate in connection with section 28(2) to (4).

An order made by virtue of section 27(5) or (6), section 28(5) or (6), 27A(7) or subsection (1), (1ZA) or (1A) above may, in particular, contain consequential or supplementary provision applying, with or without modifications, any provision made by or under an enactment including, in the case of an order made by virtue of section 27A(7) or subsection (1ZA) above, an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

For the purposes of section 10 in its application to a serious crime prevention order against a body corporate or to the variation of such an order—

If an offence under section 25 committed by a body corporate is proved to have been committed with the consent or connivance of—he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.

Nothing in this section prevents a serious crime prevention order from being made against an officer or employee of a body corporate or against any other person associated with a body corporate.

In this section—“body corporate” includes a limited liability partnership;“director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate; and“officer of a body corporate” means any director, manager, secretary or other similar officer of the body corporate.

A serious crime prevention order against a partnership must be made in the name of the partnership (and not in that of any of the partners).

An order made in the name of the partnership continues to have effect despite a change of partners provided that at least one of the persons who was a partner before the change remains a partner after it.

For the purposes of this Part, a partnership is involved in serious crime in England and Wales, Scotland,, Northern Ireland or elsewhere if the partnership, or any of the partners, is so involved; and involvement in serious crime in England and Wales, Scotland, or Northern Ireland is to be read accordingly.

For the purposes of section 10 in its application to a serious crime prevention order against a partnership or to the variation of such an order—

Proceedings for an offence under section 25 alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of the partners).

For the purposes of such proceedings—

A fine imposed on the partnership on its conviction for an offence under section 25 is to be paid out of the partnership assets.

If an offence under section 25 committed by a partnership is proved to have been committed with the consent or connivance of a partner or a senior officer of the partnership, he (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.

For the purposes of subsection (8)—

Nothing in this section prevents a serious crime prevention order from being made against—

In this section—“senior officer of a partnership” means any person who has the control or management of the business carried on by the partnership at the principal place where it is carried on; and“partnership” does not include a limited liability partnership.

A serious crime prevention order against an unincorporated association must be made in the name of the association (and not in that of any of its members).

An order made in the name of the association continues to have effect despite a change in the membership of the association provided that at least one of the persons who was a member of the association before the change remains a member after it.

For the purposes of section 10 in its application to a serious crime prevention order against an unincorporated association or to the variation of such an order—

Proceedings for an offence under section 25 alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).

For the purposes of such proceedings—

A fine imposed on the association on its conviction for an offence under section 25 is to be paid out of the funds of the association.

If an offence under section 25 committed by an unincorporated association is proved to have been committed with the consent or connivance of an officer of the association, he (as well as the association) is guilty of the offence and liable to be proceeded against and punished accordingly.

For the purposes of subsection (7)—

Nothing in this section prevents a serious crime prevention order from being made against—

In this section—“officer of an unincorporated association” means any officer of an unincorporated association or any member of its governing body; and“unincorporated association” means any body of persons unincorporate but does not include a partnership.

A serious crime prevention order may not include terms which restrict the freedom of a service provider who is established in an EEA state ... to provide information society services in relation to an EEA state unless the conditions in subsections (2) and (3) are met.

The condition in this subsection is that the court concerned considers that the terms—

The conditions in this subsection are that—

It does not matter for the purposes of subsection (3) whether the request ... is made before or after the making of the application for the order.

A serious crime prevention order may not include terms which impose liabilities on service providers of intermediary services so far as the imposition of those liabilities would result in a contravention of Article 12, 13 or 14 of the E-Commerce Directive (various protections for service providers of intermediary services) , reading those Articles as if the requirements imposed on a Member State were imposed on the court making the order.

A serious crime prevention order may not include terms which impose a general obligation on service providers of intermediary services falling within the descriptions contained in Articles 12, 13 and 14 of the E-Commerce Directive—

For the purposes of this section—and references to a person being established in an EEA state are to be read accordingly.

In this section—“the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce);“information society services”—has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations); and is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;“intermediary services” means an information society service which—consists in the provision of access to a communication network or the transmission in a communication network of information provided by a recipient of the service; consists in the transmission in a communication network of information which—is provided by a recipient of the service; and is the subject of automatic, intermediate and temporary storage which is solely for the purpose of making the onward transmission of the information to other recipients of the service at their request more efficient; or consists in the storage of information provided by a recipient of the service;“recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible; and“service provider” means a person providing an information society service.

For the purposes of paragraph (a) of the definition of “intermediary services”, the provision of access to a communication network and the transmission of information in a communication network includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is for the sole purpose of carrying out the transmission in the network.

Subsection (9) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Proceedings before the High Court in relation to serious crime prevention orders are civil proceedings.

One consequence of this is that the standard of proof to be applied by the court in such proceedings is the civil standard of proof.

Proceedings before the Crown Court arising by virtue of section 19, 20 , 21 or 22E are civil proceedings.

One consequence of this is that the standard of proof to be applied by the court in such proceedings is the civil standard of proof.

Two other consequences of this are that the court—

The Crown Court, when exercising its jurisdiction in England and Wales under this Part, is a criminal court for the purposes of Part 7 of the Courts Act 2003 (c. 39) (procedure rules and practice directions).

A serious crime prevention order may be made as mentioned in section 19(7)(b) in spite of anything in sections 79, 80 and 82 of the Sentencing Code or (as the case may be) Articles 4 and 6 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24)) (which relate to orders discharging a person absolutely or conditionally and their effect).

A variation of a serious crime prevention order may be made as mentioned in section 20(6)(b) or 21(6)(b) in spite of anything in sections 12 and 14 of the Act of 2000 or (as the case may be) Articles 4 and 6 of the Order of 1996.

Proceedings before the High Court of Justiciary (the “High Court”) or the sheriff arising by virtue of section 22A, 22B, 22C or 22E are civil proceedings.

One consequence of this is that the standard of proof to be applied by the High Court or (as the case may be) the sheriff in such proceedings is the civil standard of proof.

Two other consequences of this are that the High Court or (as the case may be) the sheriff—

Despite subsection (1), an Act of Adjournal under section 305 of the Criminal Procedure (Scotland) Act 1995 (Acts of Adjournal) may be made in relation to proceedings before the High Court or the sheriff arising by virtue of section 22A, 22B, 22C or 22E.

A serious crime prevention order may be made as mentioned in section 22A(6)(b) in spite of anything in sections 246 and 247 of the Criminal Procedure (Scotland) Act 1995 (which relate to orders discharging a person absolutely and their effect).

A variation of a serious crime prevention order may be made as mentioned in section 22B(4)(b), or (as the case may be) a variation of or a new serious crime prevention order may be made as mentioned in section 22C(4)(b), in spite of anything in sections 246 and 247 of the Criminal Procedure (Scotland) Act 1995.

A person who complies with a requirement imposed by a serious crime prevention order to answer questions, provide information or produce documents does not breach—

But see sections 11 to 14 (which limit the requirements that may be imposed by serious crime prevention orders in connection with answering questions, providing information or producing documents).

A serious crime prevention order against a body corporate, partnership or unincorporated association may authorise a law enforcement agency to enter into arrangements with—to perform specified monitoring services or monitoring services of a specified description.

A person with whom the agency has entered into arrangements in accordance with such an authorisation is known for the purposes of this section as an authorised monitor.

A serious crime prevention order which provides for an authorised monitor may, for the purpose of enabling the performance of monitoring services, impose requirements of the type mentioned in section 5(5) as if the references in paragraph (a)(iv) and (b)(iv) of that provision to a law enforcement officer included references to an authorised monitor.

A serious crime prevention order which provides for an authorised monitor may require any body corporate, partnership or unincorporated association which is the subject of the order to pay to the law enforcement agency concerned some or all of the costs incurred by the agency under the arrangements with the authorised monitor.

Any such order—

The tests for making or varying a serious crime prevention order in sections 1(1)(b), (2)(b) and (3), 17(1) and (2), 19(2), (4) and (5), 20(2) and (4) and 21(2) and (4) do not operate in relation to an order so far as the order contains terms of the kind envisaged by subsections (4) and (5) above (or by subsection (1) above for the purposes of those subsections).

But a court must not include in a serious crime prevention order (whether initially or on a variation) terms of the kind envisaged by subsection (4) or (5) unless it considers that it is appropriate to do so having regard to all the circumstances including, in particular—

A law enforcement agency must inform the subject of a serious crime prevention order which provides for an authorised monitor of the name of, and an address for, any person with whom the agency has entered into arrangements in accordance with the authorisation in the order.

Nothing in this section affects the ability of law enforcement agencies to enter into arrangements otherwise than in accordance with an authorisation under this section.

In this section—“law enforcement agency” means—the chief constable of a police force maintained under section 2 of the Police Act 1996; the Commissioner of Police of the Metropolis; the Common Council of the City of London in its capacity as police authority; the chief constable of the Police Service of Scotland;... the Northern Ireland Policing Board; the National Crime Agency; the Commissioners for Her Majesty's Revenue and Customs; or the Director of the Serious Fraud Office;“monitoring services” means—analysing some or all information received in accordance with a serious crime prevention order; reporting to a law enforcement officer as to whether, on the basis of the information and any other information analysed for this purpose, the subject of the order appears to be complying with the order or any part of it; and any related services; and“specified”, in relation to a serious crime prevention order, means specified in the order.

The appropriate authority may by order make provision about the practice and procedure for determining the amount of—

Such provision may, in particular, include provision about appeals.

Where any amounts required to be paid by virtue of section 39(4) and (5) have not been paid within a required period, the law enforcement agency concerned must take reasonable steps to recover them and any interest payable in respect of them.

The appropriate authority must by order provide for what are reasonable steps for the purposes of subsection (3).

Any amounts which have not been recovered despite the taking of the reasonable steps are recoverable—

Where any amounts required to be paid by virtue of section 39(4) and (5) are, in the case of an order of the Crown Court, not paid within a required period, the unpaid balance from time to time carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (c. 110) (interest on civil judgment debts).

Where any amounts required to be paid by virtue of section 39(4) and (5) are, in the case of a serious crime prevention order made under section 22A, not paid within a required period, the unpaid balance from time to time carries interest at the rate payable under a decree of the Court of Session.

For the purposes of section 25, a failure to comply with a requirement imposed by virtue of section 39(4) and (5) to make payments occurs when the amounts become recoverable as mentioned in subsection (5) above (and not before).

In this section “law enforcement agency” has the same meaning as in section 39.

In this section “the appropriate authority” means—

A law enforcement officer—

A law enforcement officer may retain any document produced to a law enforcement officer in pursuance of a serious crime prevention order until the conclusion of any legal proceedings if he has reasonable grounds for believing that the document—

A person commits an offence if—

But he is not to be taken to have intended to encourage or assist the commission of an offence merely because such encouragement or assistance was a foreseeable consequence of his act.

A person commits an offence if—

It is immaterial for the purposes of subsection (1)(b)(ii) whether the person has any belief as to which offence will be encouraged or assisted.

If a person is charged with an offence under subsection (1)—

In relation to an offence under this section, reference in this Part to the offences specified in the indictment is to the offences specified by virtue of subsection (3)(a).

Sections 44, 45 and 46 are to be read in accordance with this section.

If it is alleged under section 44(1)(b) that a person (D) intended to encourage or assist the commission of an offence, it is sufficient to prove that he intended to encourage or assist the doing of an act which would amount to the commission of that offence.

If it is alleged under section 45(b) that a person (D) believed that an offence would be committed and that his act would encourage or assist its commission, it is sufficient to prove that he believed—

If it is alleged under section 46(1)(b) that a person (D) believed that one or more of a number of offences would be committed and that his act would encourage or assist the commission of one or more of them, it is sufficient to prove that he believed—

In proving for the purposes of this section whether an act is one which, if done, would amount to the commission of an offence—

For the purposes of subsection (5)(a)(iii), D is to be assumed to be able to do the act in question.

In the case of an offence under section 44—

Reference in this section to the doing of an act includes reference to—

In the remaining provisions of this Part (unless otherwise provided) a reference to the anticipated offence is—

This section makes further provision about the application of section 47 to an offence under section 46.

It is sufficient to prove the matters mentioned in section 47(5) by reference to one offence only.

The offence or offences by reference to which those matters are proved must be one of the offences specified in the indictment.

Subsection (3) does not affect any enactment or rule of law under which a person charged with one offence may be convicted of another and is subject to section 57.

A person may commit an offence under this Part whether or not any offence capable of being encouraged or assisted by his act is committed.

If a person's act is capable of encouraging or assisting the commission of a number of offences—

A person may, in relation to the same act, commit an offence under more than one provision of this Part.

In reckoning whether—offences under this Part and listed offences are to be disregarded.

“Listed offence” means—

The Secretary of State may by order amend Schedule 3.

The power to make an order under subsection (6) for the purposes of subsection (5)(b) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as the power may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).

For the purposes of sections 45(b)(i) and 46(1)(b)(i) it is sufficient for the person concerned to believe that the offence (or one or more of the offences) will be committed if certain conditions are met.

A person is not guilty of an offence under this Part if he proves—

A person is not guilty of an offence under this Part if he proves—

Factors to be considered in determining whether it was reasonable for a person to act as he did include—

This section applies where a person is charged with an offence under this Part by reason of a provision of Schedule 4 (extra-territorial jurisdiction).

It is a defence for the person to show that their act was necessary for—

A person is taken to have shown that their act was so necessary if—

The head of each intelligence service must ensure that the service has in place arrangements designed to ensure that acts of a member of the service to which a provision of Schedule 4 applies are necessary for the proper exercise of a function of the service.

The Defence Council must ensure that the armed forces have in place arrangements designed to ensure that acts of—to which a provision of Schedule 4 applies are necessary for the proper exercise of a function of the armed forces relating to intelligence.

The arrangements which must be in place by virtue of subsection(4) or(5) must be arrangements which the Secretary of State considers to be satisfactory.

In this section—“armed forces” means His Majesty’s forces (within the meaning of the Armed Forces Act 2006);“civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006;“GCHQ” has the meaning given by section 3(3) of the Intelligence Services Act 1994;“head” means—in relation to the Security Service, the Director General of the Security Service, in relation to the Secret Intelligence Service, the Chief of the Secret Intelligence Service, and in relation to GCHQ, the Director of GCHQ;“intelligence service” means the Security Service, the Secret Intelligence Service or GCHQ.

In the case of protective offences, a person does not commit an offence under this Part by reference to such an offence if—

“Protective offence” means an offence that exists (wholly or in part) for the protection of a particular category of persons (“the protected category”).

Section 44 does not apply to an offence under section 2(1) of the Suicide Act 1961 or section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (offence of encouraging or assisting suicide).

Section 44 does not apply to an offence under section 184(1) of the Online Safety Act 2023 (offence of encouraging or assisting serious self-harm).

If a person (D) knows or believes that what he anticipates might take place wholly or partly in England or Wales, he may be guilty of an offence under section 44, 45 or 46 no matter where he was at any relevant time.

If it is not proved that D knows or believes that what he anticipates might take place wholly or partly in England or Wales, he is not guilty of an offence under section 44, 45 or 46 unless paragraph 1, 2 or 3 of Schedule 4 applies.

A reference in this section (and in any of those paragraphs) to what D anticipates is to be read as follows—

In their application to Northern Ireland, this section and Schedule 4 have effect as if references to—were references to Northern Ireland.

Nothing in this section or Schedule 4 restricts the operation of any enactment by virtue of which an act constituting an offence under this Part is triable under the law of England and Wales or Northern Ireland.

No proceedings for an offence triable by reason of any provision of Schedule 4 may be instituted—

Subsection (1) does not apply to an offence under this Part to which section 10 of the Bribery Act 2010 applies by virtue of section 54(1) and (2) below (encouraging or assisting bribery).

Any provision to which this section applies has effect with respect to an offence under this Part as it has effect with respect to the anticipated offence.

This section applies to provisions made by or under an enactment (whenever passed or made) that—

In relation to an offence under section 46—

Any consent to proceedings required as a result of this section is in addition to any consent required by section 53.

No proceedings for an offence under this Part are to be instituted against a person providing information society services who is established in an EEA State ... unless the derogation condition is satisfied.

The derogation condition is satisfied where the institution of proceedings—

The public interest objective is public policy.

In this section “information society services” has the same meaning as in section 34, and subsection (7) of that section applies for the purposes of this section as it applies for the purposes of that section.

An offence under section 44 or 45 is triable in the same way as the anticipated offence.

An offence under section 46 is triable on indictment.

In proceedings for an offence under this Part (“the inchoate offence”) the defendant may be convicted if—

For the purposes of this section, a person is not to be treated as having committed the anticipated offence merely because he aided, abetted, counselled or procured its commission.

In relation to an offence under section 46, a reference in this section to the anticipated offence is to be read as a reference to an offence specified in the indictment.

If in proceedings on indictment for an offence under section 44 or 45 a person is not found guilty of that offence by reference to the specified offence, he may be found guilty of that offence by reference to an alternative offence.

If in proceedings for an offence under section 46 a person is not found guilty of that offence by reference to any specified offence, he may be found guilty of that offence by reference to one or more alternative offences.

If in proceedings for an offence under section 46 a person is found guilty of the offence by reference to one or more specified offences, he may also be found guilty of it by reference to one or more other alternative offences.

For the purposes of this section, an offence is an alternative offence if—

The condition is that the allegations in the indictment charging the person with the offence under this Part amount to or include (expressly or by implication) an allegation of that offence by reference to it.

Subsection (4)(b) does not apply if the specified offence, or any of the specified offences, is murder or treason.

In the application of subsection (5) to proceedings for an offence under section 44, the allegations in the indictment are to be taken to include an allegation of that offence by reference to the offence of attempting to commit the specified offence.

Section 49(4) applies to an offence which is an alternative offence in relation to a specified offence as it applies to that specified offence.

In this section—

A person arraigned on an indictment for an offence under this Part may plead guilty to an offence of which he could be found guilty under this section on that indictment.

This section applies to an indictment containing more than one count as if each count were a separate indictment.

This section is without prejudice to—

Subsections (2) and (3) apply if—

If the anticipated or reference offence is murder, he is liable to imprisonment for life.

In any other case he is liable to any penalty for which he would be liable on conviction of the anticipated or reference offence.

Subsections (5) to (7) apply if a person is convicted of an offence under section 46 by reference to more than one offence (“the reference offences”).

If one of the reference offences is murder, he is liable to imprisonment for life.

If none of the reference offences is murder but one or more of them is punishable with imprisonment, he is liable—

In any other case he is liable to a fine.

Subsections (3), (6) and (7) are subject to any contrary provision made by or under—

In the case of an offence triable either way, the reference in subsection (6) to the maximum term provided for that offence is a reference to the maximum term so provided on conviction on indictment.

The Police and Justice Act 2006 (c. 48) is amended as follows.

In section 35 (unauthorised access to computer material), omit subsection (2).

In section 36 (unauthorised acts with intent to impair operation of computer, etc.), in the section to be substituted for section 3 of the Computer Misuse Act 1990 (c. 18)—

In section 38 (transitional and saving provision), omit subsection (1).

In Schedule 14 (minor and consequential amendments), omit paragraphs 19(2) and 29(2).

In the provisions listed in Part 1 of Schedule 6, any reference however expressed to (or to conduct amounting to) the offence abolished by section 59 has effect as a reference to (or to conduct amounting to) the offences under this Part.

Part 2 of Schedule 6 contains other minor and consequential amendments.

The Secretary of State may by order amend Part 1 of Schedule 6 as it applies to England and Wales by adding or removing a provision.

The Department of Justice in Northern Ireland may by order amend Part 1 of Schedule 6 as it applies to Northern Ireland by adding or removing a provision.

A reference in this Part to a person's doing an act that is capable of encouraging the commission of an offence includes a reference to his doing so by threatening another person or otherwise putting pressure on another person to commit the offence.

A reference in this Part to a person's doing an act that is capable of encouraging or assisting the commission of an offence includes a reference to his doing so by—

But a person is not to be regarded as doing an act that is capable of encouraging or assisting the commission of an offence merely because he fails to respond to a constable's request for assistance in preventing a breach of the peace.

A public authority may, for the purposes of preventing fraud or a particular kind of fraud, disclose information as a member of a specified anti-fraud organisation or otherwise in accordance with any arrangements made by such an organisation.

The information—

Disclosure under this section does not breach—

But nothing in this section authorises any disclosure of information which—

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This section does not limit the circumstances in which information may be disclosed apart from this section.

In this section—“an anti-fraud organisation” means any unincorporated association, body corporate or other person which enables or facilitates any sharing of information to prevent fraud or a particular kind of fraud or which has any of these functions as its purpose or one of its purposes;“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).“information” includes documents;“public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998 (c. 42) (acts of public authorities); and“specified” means specified by an order made by the Secretary of State.

A person (“B”) commits an offence, subject as follows, if—

Subsection (1) does not apply to a disclosure made by B—but it does apply to a disclosure made by B which does not fall within paragraphs (a) to (d) above but which (but for the offence) would have been permitted by a power conferred by an enactment.

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It is a defence for a person charged with an offence under this section to prove that the person reasonably believed—

In this section “protected information” means—

For the purposes of this section—

In this section—“Commissioners of Revenue and Customs” means Commissioners for Her Majesty's Revenue and Customs;“enactment” has the same meaning as in section 14;“public authority” has the same meaning as in section 68;“Revenue and Customs” means—the Commissioners of Revenue and Customs; an officer of Revenue and Customs; or a person acting on behalf of the Commissioners or an officer of Revenue and Customs;“specified anti-fraud organisation” means any person which is a specified anti-fraud organisation for the purposes of section 68;“specified information” means information specified or described in an order made by the Secretary of State; and“specified public authority” means a public authority specified or described in an order made by the Secretary of State.

A person who commits an offence under section 69 is liable—

A prosecution for an offence under section 69 may be begun in England and Wales only by or with the consent of the Director of Public Prosecutions

A prosecution for an offence under section 69 may be begun in Northern Ireland only—

If an offence under section 69 committed by a body corporate or a partnership is proved to have been committed with the consent or connivance of—he (as well as the body corporate or partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.

In the application of subsection (1)(a) in Northern Ireland, the reference to 12 months is to be read as a reference to 6 months.

In the application of subsection (1)(a) in England and Wales, the reference to 12 months is to be read as a reference to the general limit in a magistrates’ court subject to paragraph 8 of Schedule 13.

In this section—“body corporate” includes a limited liability partnership;“Commissioners of Revenue and Customs”, “Revenue and Customs” and “revenue and customs information” have the same meaning as in section 69;“director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate;“officer of a body corporate” means any director, manager, secretary or other similar officer of the body corporate; and“senior officer of a partnership” means any person who has the control or management of the business carried on by the partnership at the principal place where it is carried on.

The Secretary of State must prepare, and keep under review, a code of practice with respect to the disclosure, for the purposes of preventing fraud or a particular kind of fraud, of information by public authorities as members of specified anti-fraud organisations or otherwise in accordance with any arrangements made by such organisations.

Before preparing or altering the code, the Secretary of State must consult—

A public authority must have regard to the code in (or in connection with) disclosing information, for the purposes of preventing fraud or a particular kind of fraud, as a member of a specified anti-fraud organisation or otherwise in accordance with any arrangements made by such an organisation.

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The Secretary of State must—

In this section—“information” and “public authority” have the same meaning as in section 68;“relevant public authority” has the meaning given by section 68(6); and“specified anti-fraud organisation” means any person which is a specified anti-fraud organisation for the purposes of section 68.

The Assets Recovery Agency and the corporation sole that is its Director shall cease to exist on such day as the Secretary of State may by order appoint.

The following Parts of Schedule 8 (abolition of Assets Recovery Agency and its Director) have effect—

Schedule 9 (which makes provision about the transfer of the Director and staff of the Agency, and property, rights and liabilities of the Director and the Agency, to SOCA and the National Policing Improvement Agency) has effect.

In this section and Schedules 8 and 9 “SOCA” means the Serious Organised Crime Agency.

After section 341(3) of the Proceeds of Crime Act 2002 (types of investigation to which Part 8 applies) insert—

In section 345(2) of that Act (investigations in respect of which production orders may be made), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.

In section 346(2) of that Act (reasonable suspicion requirement for making a production order), after paragraph (b), insert—.

In section 380(3) of that Act (investigations in respect of which production orders may be made in Scotland), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.

In section 381(2) of that Act (reasonable suspicion requirement for making a production order in Scotland), after paragraph (b), insert—.

In section 352(2) of the Proceeds of Crime Act 2002 (c. 29) (investigations in respect of which a search and seizure warrant may be issued), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.

In section 353(2) of that Act (reasonable suspicion grounds for warrant where no production order), after paragraph (b), insert—.

After section 353(7) of that Act (types of material in respect of which warrant may be issued where no production order) insert—

In section 387(3) of that Act (investigations in respect of which a search warrant may be issued in Scotland), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.

In section 388(2) of that Act (reasonable suspicion grounds for issue of warrant in Scotland where no production order), after paragraph (b), insert—.

After section 388(7) of that Act (types of material in respect of which warrant may be issued in Scotland where no production order) insert—

In section 352(5) of the Proceeds of Crime Act 2002 (search and seizure warrants in connection with confiscation, money laundering and detained cash investigations etc.)—

After section 352(6) of that Act insert—

In section 353(10) of that Act (requirements in relation to search and seizure warrants)—

After section 353(10) of that Act insert—

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In section 378(3A) of that Act (as inserted by Schedule 10 to this Act) (meaning of “officers” for purposes of Part 8 in relation to detained cash investigations) after paragraph (a) insert—.

After section 378(3A) of that Act (as inserted by Schedule 10 to this Act) insert—

In section 453(2) of the Proceeds of Crime Act 2002 (c. 29) (power to modify references to accredited financial investigators)—

After section 453 of that Act insert—

After section 49(8) of the Proceeds of Crime Act 2002 (c. 29) (opportunity for persons to make representations before powers conferred on management receivers to manage or otherwise deal with property: England and Wales) insert—

After section 51(8) of that Act (opportunity for persons to make representations before powers conferred on enforcement receivers to manage or otherwise deal with property: England and Wales) insert—

After section 197(8) of that Act (opportunity for persons to make representations before powers conferred on management receivers to manage or otherwise deal with property: Northern Ireland) insert—

After section 199(8) of that Act (opportunity for persons to make representations before powers conferred on enforcement receivers to manage or otherwise deal with property: Northern Ireland) insert—

After section 245D of the Proceeds of Crime Act 2002 (property freezing orders) insert—

In sections 273(4)(b) and 277(7)(b) of that Act (recovery orders and consent orders: recovery of costs of pension scheme trustees or managers) after “enforcement authority,” insert “ receiver appointed under section 245E, ”.

In paragraph 1 of Schedule 10 to that Act (disapplication of special income tax and capital gains tax rules for receivers), after paragraph (c), insert—.

After section 302 of the Proceeds of Crime Act 2002 (c. 29) (recovery of cash in summary proceedings: compensation) insert—

After section 2C(3) of that Act (prosecuting authorities) (as inserted by Schedule 8 to this Act) insert—

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This section applies to information held as mentioned in section 18(1) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (confidentiality).

Information to which this section applies may be disclosed by or with the authority of the Commissioners of Revenue and Customs—

The matters within this subsection are—

Information disclosed in accordance with subsection (2) must not be further disclosed except—

For the purposes of this section any consent or authorisation may be general or specific.

If a person in the United Kingdom discloses, in contravention of subsection (4), any revenue and customs information relating to a person whose identity—section 19 of the 2005 Act (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.

Any reference in this section to a disclosure to the CAB or a specified public authority is a reference to a disclosure to such person, or to persons of such description, as may be specified in relation to the CAB or the public authority (as the case may be).

Nothing in this section authorises any disclosure of information which—

In this section—“the 2005 Act” means the Commissioners for Revenue and Customs Act 2005 (c. 11);“assets” means property of any description, wherever situated;“civil proceedings” means civil proceedings of whatever nature and whether brought in the United Kingdom or elsewhere;“Commissioners of Revenue and Customs” means the Commissioners for Her Majesty's Revenue and Customs;“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).“enforcement purposes”, in relation to the proceeds of crime, means with a view to—recovering, forfeiting or freezing assets constituting proceeds of crime; or otherwise depriving persons (to any extent) of, or of access to, such assets or the benefit of such assets;“functions” includes powers, duties and objectives, and references to the exercise of functions include the pursuit of objectives;“proceeds of crime” means assets derived, or suspected to be derived, directly or indirectly from criminal conduct (wherever occurring);“public authority” means any body or person discharging functions of a public nature;“revenue and customs information relating to a person” has the meaning given by section 19(2) of the 2005 Act;“specified” means specified in an order made by the Treasury; and“the specifying order”, in relation to a specified public authority, means the order specifying the authority for the purposes of this section.

In section 60(1) of the Criminal Justice and Public Order Act 1994 (c. 33) (powers to authorise stop and search if reasonable belief that there may be incidents involving serious violence etc.), before the word “or” at the end of paragraph (a), insert—.

In section 60(9) of that Act (authorisation must be in writing), at the beginning, insert “ Subject to subsection (9ZA), ”.

After section 60(9) of that Act insert—

In section 60(9A) of that Act (application to British Transport Police)—

In section 60(11) of that Act (definitions), in the definition of “offensive weapon”, after “1995” insert “ ; but in subsections (1)(aa), (4), (5) and (6) above and subsection (11A) below includes, in the case of an incident of the kind mentioned in subsection (1)(aa)(i) above, any article used in the incident to cause or threaten injury to any person or otherwise to intimidate ”.

In the heading to section 60 of that Act after “of” insert “ , or after, ”.

Any power of the Secretary of State or the Treasury to make an order or regulations under this Act is exercisable by statutory instrument.

Any power of the Secretary of State , the Treasury or the Scottish Ministers to make an order or regulations under this Act—

No order is to be made by statutory instrument under section 4(4), 49(6), 63(3), 69 or 90, or paragraph 102 of Schedule 8, unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament. A statutory instrument containing an order or regulations under any of the following provisions may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—section 4(4); section 49(6); section 63(3); section 69; section 90; paragraph 2(5)(j) of Schedule 1A; paragraph 102 of Schedule 8.

Subsection (3) does not apply to an order under section 90 which does not amend or repeal any provision of an Act.

An order under section 90 which does not amend or repeal any provision of an Act is subject to annulment in pursuance of a resolution of either House of Parliament.

An order made by the Secretary of State or the Treasury under section 7(1), 24(9), 27(6) or (12),, 27A(7) 28(6) ..., 29, 33, 40, 68 or 85 is subject to annulment in pursuance of a resolution of either House of Parliament.

An order under section 4(4A) is subject to the affirmative procedure.

An order made by the Scottish Ministers under section 7(1A), 27A(7) or (12), 29(1ZA) or (3ZA) or 40 is subject to the negative procedure.

Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

Any power of the Department of Justice to make an order under this Act—

No order is to be made by the Department of Justice under section 4(5), 49(6) or 63(4) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (9) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

An order made by the Department of Justice under section 7(2), 24(9), 28(6) or (11), 29 or 40 is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

The Secretary of State may by order make such supplementary, incidental or consequential provision as he considers appropriate for the general purposes, or any particular purpose, of this Act or in consequence of any provision made by or under this Act or for giving full effect to this Act or any such provision.

The power conferred by this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (including this Act and any Act passed in the same Session as this Act).

The power conferred by this section does not include the power to make provision which would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.

Schedule 13 (transitional and transitory provisions and savings) has effect.

The Secretary of State may by order make such transitional, transitory or saving provision as he considers appropriate in connection with the coming into force of any provision of this Act (other than the provisions specified in section 94(4)).

The Scottish Ministers may by order make such transitional, transitory or saving provision as they consider appropriate in connection with the coming into force of the provisions of this Act specified in section 94(4).

The following provisions extend to England and Wales only—

The following provisions extend to England and Wales and Northern Ireland only—

The following provisions extend to Scotland only—

The following provisions extend to Northern Ireland only—

Any provision of section 61 or Part 2 of Schedule 6 (and any corresponding entry in Schedule 14) has the same extent as the enactment amended, repealed or revoked by it except that—

Any amendment, repeal or revocation by Schedule 5, 8, 10 or 14 of an enactment has (subject to subsection (5)) the same extent as the enactment amended, repealed or revoked.

Subject as above, this Act extends to England and Wales, Scotland and Northern Ireland.

The preceding provisions of this Act (other than sections 89, 90, 91(2) and (3) and 93 and the provisions specified in subsection (4) but, subject to this, including the Schedules) come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.

The Secretary of State must consult the Scottish Ministers before making an order under subsection (1) in relation to—

The provisions of this Act specified in subsection (4) come into force on such day as the Scottish Ministers may by order appoint; and different days may be appointed for different purposes.

Those provisions are—

An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)—

An offence under any of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971—

An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)—

An offence under section 25 or 25A of the Immigration Act 1971 (c. 77) (assisting unlawful immigration etc.).

An offence under any of sections 57 to 59A of the Sexual Offences Act 2003 (c. 42) (trafficking for sexual exploitation).

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (trafficking people for exploitation).

An offence under section 2 of the Modern Slavery Act 2015.

An offence under any of the following provisions of the Firearms Act 1968—

An offence under either of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a firearm or ammunition—

In sub-paragraph (2) “firearm” and “ammunition” have the same meanings as in section 57 of the Firearms Act 1968.

An offence under section 33A of the Sexual Offences Act 1956 (c. 69) (keeping a brothel used for prostitution).

An offence under any of the following provisions of the Sexual Offences Act 2003 (c. 42)—

An offence under section 8(1) of the Theft Act 1968 (c. 60) (robbery) where the use or threat of force involves a firearm, an imitation firearm or an offensive weapon.

An offence at common law of an assault with intent to rob where the assault involves a firearm, imitation firearm or an offensive weapon.

In this paragraph—“firearm” has the meaning given by section 57(1) of the Firearms Act 1968;“imitation firearm” has the meaning given by section 57(4) of that Act;“offensive weapon” means any weapon to which section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) applies.

An offence under section 17 of the Theft Act 1968 (c. 60) (false accounting).

An offence under any of the following provisions of the Fraud Act 2006 (c. 35)—

An offence under section 199 of the Economic Crime and Corporate Transparency Act 2023 (failure to prevent fraud offences).

An offence at common law of conspiracy to defraud.

An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty etc.) so far as not falling within paragraph 1(2)(c) or 3(1)(b) above.

An offence under section 72 of the Value Added Tax Act 1994 (c. 23) (fraudulent evasion of VAT etc.).

An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax).

An offence under section 35 of the Tax Credits Act 2002 (c. 21) (tax credit fraud).

An offence at common law of cheating in relation to the public revenue.

An offence under section 45 or 46 of the Criminal Finances Act 2017 (failure to prevent the facilitation of UK tax evasion offences or foreign tax evasion offences).

An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)—

An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (c. 26) (unauthorised use of trade mark etc.).

An offence under section 1 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (fishing ...with prohibited implements etc.).

An offence under section 14 of the Wildlife and Countryside Act 1981 (c. 69) (introduction of new species etc.).

An offence under section 33 of the Environmental Protection Act 1990 (c. 43) (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste).

An offence under paragraph 1(2) of Schedule 1 to the Control of Trade in Endangered Species Regulations 2018 (S.I. 2018/703).

An offence under paragraph 2 of that Schedule which consists of the conduct specified in the table in that paragraph as the subject matter of Article 16(1)(c) or (d) of Council Regulation(EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein.

An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation.

An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution.

An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders).

An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule.

An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008.

An offence under regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018.

In this paragraph—“EU financial sanctions Regulation” and “UN financial sanctions Resolution” have the same meanings as in Part 8 of the Policing and Crime Act 2017 (see section 143 of that Act);“subordinate legislation” has the same meaning as in the Interpretation Act 1978.

An offence of attempting or conspiring the commission of an offence specified or described in this Part of this Schedule.

An offence under Part 2 of this Act (encouraging or assisting) where the offence (or one of the offences) which the person in question intends or believes would be committed is an offence specified or described in this Part of this Schedule.

An offence of aiding, abetting, counselling or procuring the commission of an offence specified or described in this Part of this Schedule.

The references in sub-paragraphs (1) to (3) to offences specified or described in this Part of this Schedule do not include the offence at common law of conspiracy to defraud.

This Part of this Schedule (apart from paragraph 14(2)) has effect, in its application to conduct before the passing of this Act, as if the offences specified or described in this Part included any corresponding offences under the law in force at the time of the conduct.

Paragraph 14(2) has effect, in its application to conduct before the passing of this Act or before the coming into force of section 59 of this Act, as if the offence specified or described in that provision were an offence of inciting the commission of an offence specified or described in this Part of this Schedule.

An offence under any of the following provisions of the Misuse of Drugs Act 1971—

An offence under any of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971—

An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990—

An offence under section 25 or 25A of the Immigration Act 1971 (assisting unlawful immigration etc).

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).

An offence under any of the following provisions of the Firearms Act 1968—

An offence under either of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a firearm or ammunition—

In sub-paragraph (2) “firearm” and “ammunition” have the same meanings as in section 57 of the Firearms Act 1968.

An offence under any of the following provisions of the Criminal Law Consolidation (Scotland) Act 1995—

An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc).

An offence under any of the following provisions of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005—

An offence under section 51(2) of the Civic Government (Scotland) Act 1982 (obscene material).

An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—

An offence aggravated by a connection with serious organised crime as mentioned in section 29(1) of the Criminal Justice and Licensing (Scotland) Act 2010 (offences aggravated by connection with serious organised crime).

An offence under section 170 of the Customs and Excise Management Act 1979 (fraudulent evasion of duty etc) so far as not falling within paragraph 16A(2)(c) or 16C(2)(b) above.

An offence under section 72 of the Value Added Tax Act 1994 (fraudulent evasion of VAT etc).

An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax).

An offence under section 35 of the Tax Credits Act 2002 (tax credit fraud).

An offence under section 45 or 46 of the Criminal Finances Act 2017 (failure to prevent the facilitation of UK tax evasion offences or foreign tax evasion offences).

An offence under section 12(1) or (2) of the Gangmasters (Licensing) Act 2004 (acting as a gangmaster other than under the authority of a licence, possession of false documents, etc).

An offence under section 199 of the Economic Crime and Corporate Transparency Act 2023 (failure to prevent fraud offences).

Fraud.

Conspiracy to defraud.

Theft.

Extortion.

Assault and robbery.

An offence under section 297A of the Copyright, Designs and Patents Act 1988 (making or dealing etc in unauthorised decoders).

An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (unauthorised use of trade mark etc).

An offence under any of the following provisions of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003—

An offence under section 14 of the Wildlife and Countryside Act 1981 (introduction of new species etc).

An offence under section 33 of the Environmental Protection Act 1990 (prohibition on unauthorised or harmful deposit, treatment or disposal etc of waste).

An offence under paragraph 1(2) of Schedule 1 to the Control of Trade in Endangered Species Regulations 2018 (S.I. 2018/703).

An offence under paragraph 2 of that Schedule which consists of the conduct specified in the table in that paragraph as the subject matter of Article 16(1)(c) or (d) of Council Regulation(EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein.

An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation.

An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution.

An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders).

An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule.

An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008.

An offence under regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018.

In this paragraph—“EU financial sanctions Regulation” and “UN financial sanctions Resolution” have the same meanings as in Part 8 of the Policing and Crime Act 2017 (see section 143 of that Act);“subordinate legislation” has the same meaning as in the Interpretation Act 1978.