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

(The document as of February, 2008)

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(5A) The laundered property is the property forming the subject-matter of the money laundering that he knows or suspects, or has reasonable grounds for knowing or suspecting, that other person to be engaged in.

(6) But he does not commit an offence under this section if he has a reasonable excuse for not making the required disclosure. "

(5) In section 332(3) (failure to disclose: other nominated officers: the second condition), for "section 337 or 338" substitute "the applicable section".

(6) For section 332(4) to (6) (the required disclosure) substitute--

" (3A) The third condition is--

(a) that he knows the identity of the other person mentioned in subsection (2), or the whereabouts of any of the laundered property, in consequence of a disclosure made under the applicable section,

(b) that that other person, or the whereabouts of any of the laundered property, can be identified from the information or other matter mentioned in subsection (3), or

(c) that he believes, or it is reasonable to expect him to believe, that the information or other matter will or may assist in identifying that other person or the whereabouts of any of the laundered property.

(4) The fourth condition is that he does not make the required disclosure to a person authorised for the purposes of this Part by the Director General of the Serious Organised Crime Agency as soon as is practicable after the information or other matter mentioned in subsection (3) comes to him.

(5) The required disclosure is a disclosure of--

(a) the identity of the other person mentioned in subsection (2), if disclosed to him under the applicable section,

(b) the whereabouts of the laundered property, so far as disclosed to him under the applicable section, and

(5A) The laundered property is the property forming the subject-matter of the money laundering that he knows or suspects that other person to be engaged in.

(5B) The applicable section is section 337 or, as the case may be, section 338.

(6) But he does not commit an offence under this section if he has a reasonable excuse for not making the required disclosure. "

(7) In section 337 (protected disclosures), after subsection (4) insert--

" (4A) Where a disclosure consists of a disclosure protected under subsection (1) and a disclosure of either or both of--

(a) the identity of the other person mentioned in subsection (3), and

(b) the whereabouts of property forming the subject-matter of the money laundering that the discloser knows or suspects, or has reasonable grounds for knowing or suspecting, that other person to be engaged in,

the disclosure of the thing mentioned in paragraph (a) or (b) (as well as the disclosure protected under subsection (1)) is not to be taken to breach any restriction on the disclosure of information (however imposed). "

105 Money laundering: form and manner of disclosures

(1) In the Proceeds of Crime Act 2002 (c. 29), Part 7 (money laundering) is amended as follows.

(2) In each of sections 330(9)(b), 337(5)(b) and 338(5)(b) (disclosure to nominated officer is ineffective if employer's procedures not followed), omit "and in accordance with the procedure established by the employer for the purpose".

(3) In section 334 (penalties), after subsection (2) insert--

" (3) A person guilty of an offence under section 339(1A) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. "

(4) In section 338(1) (authorised disclosures), omit paragraph (b) (disclosure must be made in prescribed form and manner) but not the "and" at the end.

(5) In section 339 (form and manner of disclosures), for subsections (2) and (3) substitute--

" (1A) A person commits an offence if he makes a disclosure under section 330, 331, 332 or 338 otherwise than in the form prescribed under subsection (1) or otherwise than in the manner so prescribed.

(1B) But a person does not commit an offence under subsection (1A) if he has a reasonable excuse for making the disclosure otherwise than in the form prescribed under subsection (1) or (as the case may be) otherwise than in the manner so prescribed.

(2) The power under subsection (1) to prescribe the form in which a disclosure must be made includes power to provide for the form to include a request to a person making a disclosure that the person provide information specified or described in the form if he has not provided it in making the disclosure.

(3) Where under subsection (2) a request is included in a form prescribed under subsection (1), the form must--

(a) state that there is no obligation to comply with the request, and

(b) explain the protection conferred by subsection (4) on a person who complies with the request. "

106 Money laundering: miscellaneous amendments

(1) In the Proceeds of Crime Act 2002, Part 7 (money laundering) is amended as follows.

(2) In section 330 (regulated sector: failure to disclose), after subsection (9) insert--

" (9A) But a disclosure which satisfies paragraphs (a) and (b) of subsection (9) is not to be taken as a disclosure to a nominated officer if the person making the disclosure--

(a) is a professional legal adviser,

(b) makes it for the purpose of obtaining advice about making a disclosure under this section, and

(3) In section 337(5)(a) (disclosure to person nominated to receive disclosures under section 337), after "disclosures under" insert "section 330 or".

(4) In section 338(1)(c) (first or second condition must be satisfied for disclosure to be authorised), for "or second" substitute ", second or third".

(5) In section 338 (authorised disclosures), after subsection (2) insert--

" (2A) The second condition is that--

(a) the disclosure is made while the alleged offender is doing the prohibited act,

(b) he began to do the act at a time when, because he did not then know or suspect that the property constituted or represented a person's benefit from criminal conduct, the act was not a prohibited act, and

(c) the disclosure is made on his own initiative and as soon as is practicable after he first knows or suspects that the property constitutes or represents a person's benefit from criminal conduct. "

(6) In section 338(3) (the second condition), for "second" substitute "third".

107 Money laundering offences

(1) The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

(2) In section 364 (meaning of customer information) in subsection (5)--

(a) after paragraph (a) insert--

" (aa) constitutes an offence specified in section 415(1A) of this Act, " ;

(b) in paragraph (b) after "paragraph (a)" insert "or (aa)".

(3) In section 398 (meaning of customer information: Scotland) in subsection (5)--

(a) after paragraph (a) insert--

" (aa) constitutes an offence specified in section 415(1A) of this Act, " ;

(b) in paragraph (b) after "paragraph (a)" insert "or (aa)".

(4) In section 415 (money laundering offences) after subsection (1) insert--

" (1A) Each of the following is a money laundering offence--

(a) an offence under section 93A, 93B or 93C of the Criminal Justice Act 1988;

(b) an offence under section 49, 50 or 51 of the Drug Trafficking Act 1994;

(d) an offence under article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996. "

108 International co-operation

(1) Part 11 of the Proceeds of Crime Act 2002 (c. 29) (co-operation) is amended as follows.

(2) In section 444 (external requests and orders), for subsection (3)(a) (Order under the section may include provision about the functions of the Secretary of State, the Lord Advocate, the Scottish Ministers and the Director of the Assets Recovery Agency) substitute--

" (a) provision about the functions of any of the listed persons in relation to external requests and orders; " .

(3) In that section, after subsection (3) insert--

" (4) For the purposes of subsection (3)(a) "the listed persons" are--

(a) the Secretary of State;

(b) the Lord Advocate;

(d) the Director;

(e) the Director of Public Prosecutions;

(f) the Director of Public Prosecutions for Northern Ireland;

(g) the Director of the Serious Fraud Office; and

(h) the Director of Revenue and Customs Prosecutions. "

(4) In section 447(3) (meaning of "external investigation"), after paragraph (a) insert--

" (aa) the extent or whereabouts of property obtained as a result of or in connection with criminal conduct, or " .

109 Minor and consequential amendments relating to Chapter 6

Schedule 6, which contains minor and consequential amendments relating to provisions of this Chapter, has effect.

Part 3 Police powers etc.

Powers of arrest

110 Powers of arrest

(1) For section 24 of PACE (arrest without warrant for arrestable offences) substitute--

" 24 Arrest without warrant: constables

(1) A constable may arrest without a warrant--

(a) anyone who is about to commit an offence;

(b) anyone who is in the act of committing an offence;

(d) anyone whom he has reasonable grounds for suspecting to be committing an offence.

(2) If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.

(3) If an offence has been committed, a constable may arrest without a warrant--

(a) anyone who is guilty of the offence;

(b) anyone whom he has reasonable grounds for suspecting to be guilty of it.

(4) But the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question.

(5) The reasons are--

(a) to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person's name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name);

(b) correspondingly as regards the person's address;

(i) causing physical injury to himself or any other person;

(ii) suffering physical injury;

(iii) causing loss of or damage to property;

(iv) committing an offence against public decency (subject to subsection (6)); or

(v) causing an unlawful obstruction of the highway;

(d) to protect a child or other vulnerable person from the person in question;

(e) to allow the prompt and effective investigation of the offence or of the conduct of the person in question;

(f) to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.

(6) Subsection (5)(c)(iv) applies only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question.

24A Arrest without warrant: other persons

(1) A person other than a constable may arrest without a warrant--

(a) anyone who is in the act of committing an indictable offence;

(b) anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.

(2) Where an indictable offence has been committed, a person other than a constable may arrest without a warrant--

(a) anyone who is guilty of the offence;

(b) anyone whom he has reasonable grounds for suspecting to be guilty of it.

(3) But the power of summary arrest conferred by subsection (1) or (2) is exercisable only if--

(a) the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in subsection (4) it is necessary to arrest the person in question; and

(b) it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.

(4) The reasons are to prevent the person in question--

(a) causing physical injury to himself or any other person;

(b) suffering physical injury;

(d) making off before a constable can assume responsibility for him. "

(2) Section 25 of PACE (general arrest conditions) shall cease to have effect.

(3) In section 66 of PACE (codes of practice), in subsection (1)(a)--

(a) omit "or" at the end of sub-paragraph (i),

(b) at the end of sub-paragraph (ii) insert " or

(iii) to arrest a person; "

(4) The sections 24 and 24A of PACE substituted by subsection (1) are to have effect in relation to any offence whenever committed.

111 Powers of arrest: supplementary

Schedule 7, which supplements section 110 by providing for the repeal of certain enactments (including some which are spent) and by making further supplementary provision, has effect.

Exclusion zones

112 Power to direct a person to leave a place

(1) A constable may direct a person to leave a place if he believes, on reasonable grounds, that the person is in the place at a time when he would be prohibited from entering it by virtue of--

(a) an order to which subsection (2) applies, or

(b) a condition to which subsection (3) applies.

(2) This subsection applies to an order which--

(a) was made, by virtue of any enactment, following the person's conviction of an offence, and

(b) prohibits the person from entering the place or from doing so during a period specified in the order.

(3) This subsection applies to a condition which--

(a) was imposed, by virtue of any enactment, as a condition of the person's release from a prison in which he was serving a sentence of imprisonment following his conviction of an offence, and

(b) prohibits the person from entering the place or from doing so during a period specified in the condition.

(4) A direction under this section may be given orally.

(5) Any person who knowingly contravenes a direction given to him under this section is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 4 on the standard scale, or to both.

(6) A constable in uniform may arrest without warrant any person he reasonably suspects is committing or has committed an offence under subsection (5).

(7) Subsection (6) ceases to have effect on the commencement of section 110.

(8) In subsection (3)(a)--

(a) "sentence of imprisonment" and "prison" are to be construed in accordance with section 62(5) of the Criminal Justice and Court Services Act 2000 (c. 43);

(b) the reference to a release from prison includes a reference to a temporary release.

(9) In this section, "place" includes an area.

(10) This section applies whether or not the order or condition mentioned in subsection (1) was made or imposed before or after the commencement of this section.

Search warrants

113 Search warrants: premises

(1) PACE is amended as follows.

(2) Section 8 (power to authorise entry and search of premises) is amended as provided in subsections (3) and (4).

(3) In subsection (1)--

(a) in paragraph (b), for "specified in the application" substitute "mentioned in subsection (1A) below",

(b) in paragraph (e), at the end add "in relation to each set of premises specified in the application".

(4) After subsection (1) insert--

" (1A) The premises referred to in subsection (1)(b) above are--

(a) one or more sets of premises specified in the application (in which case the application is for a "specific premises warrant"); or

(b) any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an "all premises warrant").

(1B) If the application is for an all premises warrant, the justice of the peace must also be satisfied--

(a) that because of the particulars of the offence referred to in paragraph (a) of subsection (1) above, there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in paragraph (b) of that subsection; and

(b) that it is not reasonably practicable to specify in the application all the premises which he occupies or controls and which might need to be searched. "

(5) Section 15 (search warrants--safeguards) is amended as provided in subsections (6) to (8).

(6) For subsection (2)(b) substitute--

" (b) to specify the matters set out in subsection (2A) below; and " .

(7) After subsection (2) insert--

" (2A) The matters which must be specified pursuant to subsection (2)(b) above are--

(a) if the application is for a specific premises warrant made by virtue of section 8(1A)(a) above or paragraph 12 of Schedule 1 below, each set of premises which it is desired to enter and search;

(b) if the application is for an all premises warrant made by virtue of section 8(1A)(b) above or paragraph 12 of Schedule 1 below--

(i) as many sets of premises which it is desired to enter and search as it is reasonably practicable to specify;

(ii) the person who is in occupation or control of those premises and any others which it is desired to enter and search;

(iii) why it is necessary to search more premises than those specified under sub-paragraph (i); and

(iv) why it is not reasonably practicable to specify all the premises which it is desired to enter and search. "

(8) For subsection (6)(a)(iv) substitute--

" (iv) each set of premises to be searched, or (in the case of an all premises warrant) the person who is in occupation or control of premises to be searched, together with any premises under his occupation or control which can be specified and which are to be searched; and " .

(9) In section 16 (execution of warrants)--

(a) after subsection (3) insert--

" (3A) If the warrant is an all premises warrant, no premises which are not specified in it may be entered or searched unless a police officer of at least the rank of inspector has in writing authorised them to be entered. " ,

(b) in subsection (9), after paragraph (b) add--

" and, unless the warrant is a specific premises warrant specifying one set of premises only, he shall do so separately in respect of each set of premises entered and searched, which he shall in each case state in the endorsement. " ,

(10) Schedule 1 (special procedure) is amended as follows.

(11) In each of paragraphs 2(a)(ii) and 3(a), at the end add ", or on premises occupied or controlled by a person specified in the application (including all such premises on which there are reasonable grounds for believing that there is such material as it is reasonably practicable so to specify);".

(12) In paragraph 3(b), for "the premises" substitute "such premises".

(13) In paragraph 12--

(a) in sub-paragraph (a)(ii), after "fulfilled" insert "in relation to each set of premises specified in the application",

(b) at the end add "or (as the case may be) all premises occupied or controlled by the person referred to in paragraph 2(a)(ii) or 3(a), including such sets of premises as are specified in the application (an "all premises warrant")".

(14) After paragraph 12 insert--

" 12A The judge may not issue an all premises warrant unless he is satisfied--

(a) that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application, as well as those which are, in order to find the material in question; and

(b) that it is not reasonably practicable to specify all the premises which he occupies or controls which might need to be searched. "

(15) In paragraph 14(a), omit "to which the application relates".

114 Search warrants: other amendments

(1) PACE is amended as follows.

(2) In section 8 (power to authorise entry and search of premises), after the subsection (1B) inserted by section 113(4) of this Act insert--

" (1C) The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which he issues the warrant.

(1D) If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum. "

(3) Section 15 (search warrants--safeguards) is amended as provided in subsections (4) to (7).

(4) In subsection (2)(a)--

(a) omit "and" at the end of sub-paragraph (i),

(b) at the end of sub-paragraph (ii) insert "and",

" (iii) if the application is for a warrant authorising entry and search on more than one occasion, the ground on which he applies for such a warrant, and whether he seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired; " .

(5) In subsection (5), at the end add "unless it specifies that it authorises multiple entries".

(6) After subsection (5) insert--

" (5A) If it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum. "

(7) For subsection (7) substitute--

" (7) Two copies shall be made of a specific premises warrant (see section 8(1A)(a) above) which specifies only one set of premises and does not authorise multiple entries; and as many copies as are reasonably required may be made of any other kind of warrant. "

(8) In section 16 (execution of warrants)--

(a) in subsection (3), for "one month" substitute "three months",

(b) after the subsection (3A) inserted by section 113(9)(a) of this Act, insert--

" (3B) No premises may be entered or searched for the second or any subsequent time under a warrant which authorises multiple entries unless a police officer of at least the rank of inspector has in writing authorised that entry to those premises. " ,

" (10) A warrant shall be returned to the appropriate person mentioned in subsection (10A) below--

(a) when it has been executed; or

(b) in the case of a specific premises warrant which has not been executed, or an all premises warrant, or any warrant authorising multiple entries, upon the expiry of the period of three months referred to in subsection (3) above or sooner.

(10A) The appropriate person is--

(a) if the warrant was issued by a justice of the peace, the designated officer for the local justice area in which the justice was acting when he issued the warrant;

(b) if it was issued by a judge, the appropriate officer of the court from which he issued it. "

(9) In Schedule 1 (special procedure), in paragraph 17, for "a Circuit judge" substitute "a judge of the High Court, a Circuit judge, a Recorder".

Fireworks

115 Power to stop and search for prohibited fireworks

(1) Section 1 of PACE (powers of constables to stop and search) is amended as follows.

(2) In subsection (2), for "or any article to which subsection (8A) below applies" substitute ", any article to which subsection (8A) below applies or any firework to which subsection (8B) below applies".

(3) In subsection (3), for "or any article to which subsection (8A) below applies" substitute ", any article to which subsection (8A) below applies or any firework to which subsection (8B) below applies".

(4) In subsection (6), for "or an article to which subsection (8A) below applies" substitute ", an article to which subsection (8A) below applies or a firework to which subsection (8B) below applies".

(5) After subsection (8A) insert--

" (8B) This subsection applies to any firework which a person possesses in contravention of a prohibition imposed by fireworks regulations.

(8C) In this section--

(a) "firework" shall be construed in accordance with the definition of "fireworks" in section 1(1) of the Fireworks Act 2003; and

(b) "fireworks regulations" has the same meaning as in that Act. "

Photographing of suspects etc.

116 Photographing of suspects etc.

(1) Section 64A of PACE (photographing of suspects etc.) is amended as follows.

(2) After subsection (1) insert--

" (1A) A person falling within subsection (1B) below may, on the occasion of the relevant event referred to in subsection (1B), be photographed elsewhere than at a police station--

(a) with the appropriate consent; or

(b) if the appropriate consent is withheld or it is not practicable to obtain it, without it.

(1B) A person falls within this subsection if he has been--

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