Serious Organised Crime and Police Act 2005 (c. 15)

(The document as of February, 2008)

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47 Person having powers of constable: Scotland and Northern Ireland

(1) This section provides for persons designated as mentioned in section 46(1) ("relevant persons") to exercise the powers and privileges mentioned in section 46(2) in Scotland or Northern Ireland and the adjacent United Kingdom waters.

(2) If so agreed by--

(a) the Scottish Ministers, and

(b) SOCA,

the powers and privileges are exercisable by relevant persons in Scotland and the adjacent United Kingdom waters to such extent and in such circumstances as may be specified in the agreement.

(3) If so agreed by--

(a) the Director of the Scottish Drug Enforcement Agency or a person nominated by him for the purposes of this subsection, and

(b) SOCA,

a relevant person may exercise the powers and privileges in Scotland in connection with a particular operation.

(4) A person nominated for the purposes of subsection (3) must be either--

(a) a person for the time being appointed as Deputy Director of that Agency, or

(b) an appropriate officer of a police force for an area in Scotland.

(5) If so agreed by--

(a) the Secretary of State, and

(b) SOCA,

the powers and privileges are exercisable by relevant persons in Northern Ireland and the adjacent United Kingdom waters to such extent and in such circumstances as may be specified in the agreement.

(6) If--

(a) an agreement under subsection (5) ("the general authorisation") is in force, and

(b) an appropriate officer of the Police Service of Northern Ireland and SOCA so agree in conformity with the general authorisation,

a relevant person may exercise the powers and privileges in Northern Ireland in connection with a particular operation in accordance with the agreement mentioned in paragraph (b).

(7) In this section--

"appropriate officer" means an officer of or above the rank of assistant chief constable;
"the Scottish Drug Enforcement Agency" and "the Director" of that Agency have the meanings given by section 42(2).

48 Person having customs powers

(1) This section applies to a member of SOCA's staff who is for the time being designated under section 43 as a person having the customs powers of an officer of Revenue and Customs.

(2) The designated person has, in relation to any customs matter, the same powers as an officer of Revenue and Customs would have.

(3) The designated person also has any powers exercisable by virtue of subsection (4).

(4) Any enactment under which an officer of Revenue and Customs may be authorised by warrant to exercise any power in relation to any customs matter has effect, for the purpose of enabling the designated person to be authorised to exercise the power in relation to any such matter, as if he were an officer of Revenue and Customs.

(5) Where any power is exercisable by an officer of Revenue and Customs both--

(a) in relation to a customs matter, and

(b) in relation to any other matter,

it is exercisable by the designated person only in relation to the customs matter.

(6) Subsections (2) to (5) have effect subject to any limitation specified in the designation under section 43(2).

(7) In this section "customs matter" means any matter other than--

(a) a matter to which section 7 of the Commissioners for Revenue and Customs Act 2005 (c. 11) applies (former Inland Revenue matters), or

(b) any tax or duty not mentioned in Schedule 1 to that Act (which lists such matters).

49 Person having powers of an immigration officer

(1) This section applies to a member of SOCA's staff who is for the time being designated under section 43 as a person having the powers of an immigration officer.

(2) The designated person has, in relation to any matter in relation to which powers are exercisable by an immigration officer, the same powers as such an officer would have.

(3) The designated person also has any powers exercisable by virtue of subsection (4).

(4) Any enactment under which an immigration officer may be authorised by warrant to exercise any power in relation to any matter has effect, for the purpose of enabling the designated person to be authorised to exercise the power in relation to any such matter, as if he were an immigration officer.

(5) Subsections (2) to (4) have effect subject to any limitation specified in the designation under section 43(2).

(6) In this section "immigration officer" means a person who is an immigration officer within the meaning of the Immigration Act 1971 (c. 77).

Exercise of powers

50 Designations: supplementary

(1) If a designated person--

(a) exercises any power in relation to another person in reliance on his designation under section 43, or

(b) purports to do so,

he must produce evidence of his designation to the other person if requested to do so.

(2) A failure to comply with subsection (1) does not make the exercise of the power invalid.

(3) For the purpose of determining liability for the unlawful conduct of members of SOCA's staff, any conduct by a designated person in reliance, or purported reliance, on his designation is to be taken to be--

(a) if he is employed by SOCA, conduct in the course of his employment, or

(b) if he is a person to whom section 28 applies by virtue of subsection (3)(a) of that section, conduct falling within subsection (1) of that section.

(4) In the case of any unlawful conduct within subsection (3) which is a tort, SOCA is accordingly to be treated as a joint tortfeasor.

This subsection does not apply to Scotland.

51 Assaults, obstruction or deception in connection with designations

(1) A person commits an offence if he assaults--

(a) a designated person acting in the exercise of a relevant power, or

(b) a person who is assisting a designated person in the exercise of such a power.

(2) A person commits an offence if he resists or wilfully obstructs--

(a) a designated person acting in the exercise of a relevant power, or

(b) a person who is assisting a designated person in the exercise of such a power.

(3) A person commits an offence if, with intent to deceive--

(a) he impersonates a designated person,

(b) he makes any statement or does any act calculated falsely to suggest that he is a designated person, or

(c) he makes any statement or does any act calculated falsely to suggest that he has powers as a designated person that exceed the powers he actually has.

(4) A person guilty of an offence under subsection (1) or (3) is liable on summary conviction--

(a) to imprisonment for a term not exceeding 51 weeks, or

(b) to a fine not exceeding level 5 on the standard scale,

or to both.

(5) A person guilty of an offence under subsection (2) is liable on summary conviction--

(a) to imprisonment for a term not exceeding 51 weeks, or

(b) to a fine not exceeding level 3 on the standard scale,

or to both.

(6) In this section "relevant power", in relation to a designated person, means a power or privilege exercisable by that person by virtue of the designation under section 43.

(7) In the application of this section to Scotland the references to 51 weeks in subsections (4)(a) and (5)(a) are to be read as references to 12 months in each case.

(8) In the application of this section to Northern Ireland the references to 51 weeks are to be read as follows--

(a) in subsection (4)(a) the reference is to be read as a reference to 6 months, and

(b) in subsection (5)(a) the reference is to be read as a reference to 1 month.

Supplementary

52 Modification of enactments

(1) The Secretary of State may by order provide for any enactment (or description of enactments) to apply in relation to--

(a) designated persons, or

(b) the exercise of powers by such persons under this Chapter,

with such modifications as he considers necessary or expedient.

(2) An order under this section may include provision for or in connection with--

(a) extending to such persons any exemption or protection afforded by an enactment to any other description of persons;

(b) providing for the disclosure of information to, or the doing of other things in relation to, such persons under any enactment;

(3) Subsection (2) does not affect the generality of subsection (1).

(4) In this section any reference to designated persons includes a reference to any description of such persons.

(5) Before exercising the power conferred by subsection (1) in relation to an enactment which (expressly or otherwise) confers any function on--

(a) the Commissioners for Her Majesty's Revenue and Customs, or

(b) an officer of Revenue and Customs,

the Secretary of State must consult the Commissioners.

(6) Before exercising the power conferred by subsection (1) in relation to an enactment which extends to Scotland, the Secretary of State must consult the Scottish Ministers.

(7) The power conferred by subsection (1) is exercisable by the Scottish Ministers (rather than by the Secretary of State) where the provision to be made is within the legislative competence of the Scottish Parliament.

53 Employment provisions

(1) A member of SOCA's staff who is for the time being designated under section 43 as a person having the powers of a constable is not, by virtue of section 46(2), to be treated as being in police service for the purposes of the enactments mentioned in subsection (2).

(2) The enactments are--

(a) section 280 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (person in police service excluded from definitions of "worker" and "employee");

(b) section 200 of the Employment Rights Act 1996 (c. 18) (certain provisions of the Act not to apply to persons in police service);

(d) Article 243 of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)).

54 Interpretation of Chapter 2

(1) In this Chapter--

"designated person" means a person for the time being designated under section 43;
"United Kingdom waters" means the sea and other waters within the seaward limits of the United Kingdom's territorial sea.

(2) Any reference in this Chapter to the exercise of powers by virtue of a designation under section 43 is, in a case where any limitations were imposed under subsection (2) of that section, a reference to their exercise in conformity with those limitations.

Chapter 3 SOCA: Miscellaneous and supplementary

Complaints and misconduct

55 Complaints and misconduct

(1) Schedule 2 makes provision for, and in connection with, the operation in relation to SOCA of Part 2 of the Police Reform Act 2002 (c. 30) (which relates to complaints and misconduct).

(2) In the Police (Northern Ireland) Act 1998 (c. 32)--

(a) after section 60 insert--

" 60ZA " Serious Organised Crime Agency

(1) An agreement for the establishment in relation to members of the staff of the Serious Organised Crime Agency of procedures corresponding or similar to any of those established by virtue of this Part may, with the approval of the Secretary of State, be made between the Ombudsman and the Agency.

(2) Where no such procedures are in force in relation to the Agency, the Secretary of State may by order establish such procedures.

(3) An agreement under this section may at any time be varied or terminated with the approval of the Secretary of State.

(4) Before making an order under this section the Secretary of State shall consult--

(a) the Ombudsman; and

(b) the Agency.

(5) Nothing in any other statutory provision shall prevent the Agency from carrying into effect procedures established by virtue of this section.

(6) No such procedures shall have effect in relation to anything done by a member of the staff of the Agency outside Northern Ireland. " ; and

(b) in section 61(5) (reports), at the end of paragraph (b) insert " ; and

Application of discrimination legislation

56 Application of discrimination legislation to SOCA seconded staff

(1) For the purposes of the provisions to which this subsection applies any constable or other person who has been seconded to SOCA to serve as a member of its staff shall be treated as being employed by SOCA as respects any act done by it in relation to that person.

(2) Subsection (1) applies to--

(a) Part 2 of the Sex Discrimination Act 1975 (c. 65);

(b) Part 2 of the Race Relations Act 1976 (c. 74);

(d) Part 2 of the Disability Discrimination Act 1995 (c. 50);

(e) Part II of the Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)); and

(f) the Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21)), except Part VII.

(3) For the purposes of the provisions to which this subsection applies--

(a) any constable or other person who has been seconded to SOCA to serve as a member of its staff shall be treated as being employed by SOCA (and as not being employed by any other person); and

(b) anything done by such a person in the performance, or purported performance, of his functions as such a person shall be treated as done in the course of that employment.

(4) Subsection (3) applies to--

(a) section 41 of the Sex Discrimination Act 1975;

(b) section 32 of the Race Relations Act 1976;

(d) section 58 of the Disability Discrimination Act 1995;

(e) Article 32 of the Race Relations (Northern Ireland) Order 1997; and

(f) Article 36 of the Fair Employment and Treatment (Northern Ireland) Order 1998.

Joint investigation teams

57 Assaults or obstruction in connection with joint investigation teams

(1) This section applies where an international joint investigation team has been formed under the leadership of a member of SOCA's staff.

(2) A person commits an offence if he assaults a member of the team who is carrying out his functions as a member of the team.

(3) A person commits an offence if he resists or wilfully obstructs a member of the team who is carrying out his functions as a member of that team.

(4) A person guilty of an offence under subsection (2) is liable on summary conviction--

(a) to imprisonment for a term not exceeding 51 weeks, or

(b) to a fine not exceeding level 5 on the standard scale,

or to both.

(5) A person guilty of an offence under subsection (3) is liable on summary conviction--

(a) to imprisonment for a term not exceeding 51 weeks, or

(b) to a fine not exceeding level 3 on the standard scale,

or to both.

(6) In this section "international joint investigation team" means any investigation team formed in accordance with--

(a) any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union,

(b) the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union and the Protocol to that Convention established in accordance with that Article of the Treaty, or

(c) any international agreement to which the United Kingdom is a party and which is specified in an order made by the Secretary of State.

(7) In the application of this section to Scotland the references to 51 weeks in subsections (4)(a) and (5)(a) are to be read as references to 12 months in each case.

(8) In the application of this section to Northern Ireland the references to 51 weeks are to be read as follows--

(a) in subsection (4)(a) the reference is to be read as a reference to 6 months, and

(b) in subsection (5)(a) the reference is to be read as a reference to 1 month.

Transfers

58 Transfers to SOCA

Schedule 3 makes provision about the transfer of staff, property, rights and liabilities to SOCA.

Amendments

59 Minor and consequential amendments relating to SOCA

Schedule 4 contains minor and consequential amendments relating to SOCA.

Part 2 Investigations, prosecutions, proceedings and proceeds of crime

Chapter 1 Investigatory powers of DPP, etc.

Introductory

60 Investigatory powers of DPP etc.

(1) This Chapter confers powers on--

(a) the Director of Public Prosecutions,

(b) the Director of Revenue and Customs Prosecutions, and

in relation to the giving of disclosure notices in connection with the investigation of offences to which this Chapter applies.

(2) The Director of Public Prosecutions may, to such extent as he may determine, delegate the exercise of his powers under this Chapter to a Crown prosecutor.

(3) The Director of Revenue and Customs Prosecutions may, to such extent as he may determine, delegate the exercise of his powers under this Chapter to a Revenue and Customs Prosecutor.

(4) The Lord Advocate may, to such extent as he may determine, delegate the exercise of his powers under this Chapter to a procurator fiscal.

(5) In this Chapter "the Investigating Authority" means--

(a) the Director of Public Prosecutions,

(b) the Director of Revenue and Customs Prosecutions, or

(6) But, in circumstances where the powers of any of those persons are exercisable by any other person by virtue of subsection (2), (3) or (4), references to "the Investigating Authority" accordingly include any such other person.

61 Offences to which this Chapter applies

(1) This Chapter applies to the following offences--

(a) any offence listed in Schedule 2 to the Proceeds of Crime Act 2002 (c. 29) (lifestyle offences: England and Wales);

(b) any offence listed in Schedule 4 to that Act (lifestyle offences: Scotland);

(c) any offence under sections 15 to 18 of the Terrorism Act 2000 (c. 11) (offences relating to fund-raising, money laundering etc.);

(d) any offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty) or section 72 of the Value Added Tax Act 1994 (c. 23) (offences relating to VAT) which is a qualifying offence;

(e) any offence under section 17 of the Theft Act 1968 (c. 60) (false accounting), or any offence at common law of cheating in relation to the public revenue, which is a qualifying offence;

(f) any offence under section 1 of the Criminal Attempts Act 1981 (c. 47), or in Scotland at common law, of attempting to commit any offence in paragraph (c) or any offence in paragraph (d) or (e) which is a qualifying offence;

(g) any offence under section 1 of the Criminal Law Act 1977 (c. 45), or in Scotland at common law, of conspiracy to commit any offence in paragraph (c) or any offence in paragraph (d) or (e) which is a qualifying offence.

(2) For the purposes of subsection (1) an offence in paragraph (d) or (e) of that subsection is a qualifying offence if the Investigating Authority certifies that in his opinion--

(a) in the case of an offence in paragraph (d) or an offence of cheating the public revenue, the offence involved or would have involved a loss, or potential loss, to the public revenue of an amount not less than £5,000;

(b) in the case of an offence under section 17 of the Theft Act 1968 (c. 60), the offence involved or would have involved a loss or gain, or potential loss or gain, of an amount not less than £5,000.

(3) A document purporting to be a certificate under subsection (2) is to be received in evidence and treated as such a certificate unless the contrary is proved.

(4) The Secretary of State may by order--

(a) amend subsection (1), in its application to England and Wales, so as to remove an offence from it or add an offence to it;

(b) amend subsection (2), in its application to England and Wales, so as to--

(i) take account of any amendment made by virtue of paragraph (a) above, or

(ii) vary the sums for the time being specified in subsection (2)(a) and (b).

(5) The Scottish Ministers may by order--

(a) amend subsection (1), in its application to Scotland, so as to remove an offence from it or add an offence to it;

(b) amend subsection (2), in its application to Scotland, so as to--

(i) take account of any amendment made by virtue of paragraph (a) above, or

(ii) vary the sums for the time being specified in subsection (2)(a) and (b).

Disclosure notices

62 Disclosure notices

(1) If it appears to the Investigating Authority--

(a) that there are reasonable grounds for suspecting that an offence to which this Chapter applies has been committed,

(b) that any person has information (whether or not contained in a document) which relates to a matter relevant to the investigation of that offence, and

(c) that there are reasonable grounds for believing that information which may be provided by that person in compliance with a disclosure notice is likely to be of substantial value (whether or not by itself) to that investigation,

he may give, or authorise an appropriate person to give, a disclosure notice to that person.

(2) In this Chapter "appropriate person" means--

(a) a constable,

(b) a member of the staff of SOCA who is for the time being designated under section 43, or

(3) In this Chapter "disclosure notice" means a notice in writing requiring the person to whom it is given to do all or any of the following things in accordance with the specified requirements, namely--

(a) answer questions with respect to any matter relevant to the investigation;

(b) provide information with respect to any such matter as is specified in the notice;

(c) produce such documents, or documents of such descriptions, relevant to the investigation as are specified in the notice.

(4) In subsection (3) "the specified requirements" means such requirements specified in the disclosure notice as relate to--

(a) the time at or by which,

(b) the place at which, or

the person to whom the notice is given is to do any of the things mentioned in paragraphs (a) to (c) of that subsection; and those requirements may include a requirement to do any of those things at once.

(5) A disclosure notice must be signed or counter-signed by the Investigating Authority.

(6) This section has effect subject to section 64 (restrictions on requiring information etc.).

63 Production of documents

(1) This section applies where a disclosure notice has been given under section 62.

(2) An authorised person may--

(a) take copies of or extracts from any documents produced in compliance with the notice, and

(b) require the person producing them to provide an explanation of any of them.

(3) Documents so produced may be retained for so long as the Investigating Authority considers that it is necessary to retain them (rather than copies of them) in connection with the investigation for the purposes of which the disclosure notice was given.

(4) If the Investigating Authority has reasonable grounds for believing--

(a) that any such documents may have to be produced for the purposes of any legal proceedings, and

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