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Royal ArmsSerious Organised Crime and Police Act 2005

2005 Chapter 15


 

© Crown Copyright 2005

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The text of this Internet version of the Act is published by the Queen's Printer of Acts of Parliament and has been prepared to reflect the text as it received Royal Assent. A print version is also available and is published by The Stationery Office Limited as the Serious Organised Crime and Police Act 2005, ISBN 0 10 541605 3.

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Serious Organised Crime and Police Act 2005

2005 Chapter 15

 
 
 
CONTENTS

PART 1
THE SERIOUS ORGANISED CRIME AGENCY
CHAPTER 1
SOCA: ESTABLISHMENT AND ACTIVITIES
Establishment of SOCA
Section 
1Establishment of Serious Organised Crime Agency

Functions
2Functions of SOCA as to serious organised crime
3Functions of SOCA as to information relating to crime
4Exercise of functions: general considerations

General powers
5SOCA's general powers

Annual plans and reports
6Annual plans
7Annual reports

Central supervision and direction
8General duty of Secretary of State and Scottish Ministers
9Strategic priorities
10Codes of practice
11Reports to Secretary of State
12Power to direct submission of action plan
13Revision of inadequate action plan
14Procedure for giving directions under section 12
15Reports relating to directions under section 12
16Inspections

Financial provisions
17Grants by Secretary of State
18Determinations relating to grants under section 17
19Charges by SOCA and other receipts
20Accounts

Operational matters
21Operational responsibility of Director General
22Activities in Scotland in relation to crime
23Mutual assistance between SOCA and law enforcement agencies: voluntary arrangements
24Mutual assistance between SOCA and law enforcement agencies: directed arrangements
25Directed arrangements: Scotland
26Use by SOCA of police premises etc.
27Regulations as to equipment

Liability for unlawful conduct
28Liability of SOCA for acts of seconded staff etc.
29Payment by SOCA of amounts in connection with unlawful conduct of employees etc.
30Application of sections 28 and 29 to members of joint investigation teams
31Liability of special police forces and law enforcement agencies for unlawful conduct of SOCA staff

Use and disclosure of information
32Use of information by SOCA
33Disclosure of information by SOCA
34Disclosure of information to SOCA
35Restrictions on further disclosure

General duties of police etc.
36General duty of police to pass information to SOCA
37General duty of police etc. to assist SOCA

Prosecutions
38Prosecution of offences investigated by SOCA
39Directions as to reference of cases and proceedings to appropriate prosecutor
40Functions of Director of Revenue and Customs Prosecutions as to persons arrested for designated offence

Miscellaneous and supplementary
41Directions
42Interpretation of Chapter 1

CHAPTER 2
SOCA: SPECIAL POWERS OF DESIGNATED STAFF
Designations
43Designation of SOCA staff as persons having powers of constable etc.
44Delegation of power to designate
45Modification or withdrawal of designations

Powers exercisable
46Person having powers of a constable
47Person having powers of constable: Scotland and Northern Ireland
48Person having customs powers
49Person having powers of an immigration officer

Exercise of powers
50Designations: supplementary
51Assaults, obstruction or deception in connection with designations

Supplementary
52Modification of enactments
53Employment provisions
54Interpretation of Chapter 2

CHAPTER 3
SOCA: MISCELLANEOUS AND SUPPLEMENTARY
Complaints and misconduct
55Complaints and misconduct

Application of discrimination legislation
56Application of discrimination legislation to SOCA seconded staff

Joint investigation teams
57Assaults or obstruction in connection with joint investigation teams

Transfers
58Transfers to SOCA

Amendments
59Minor and consequential amendments relating to SOCA

PART 2
INVESTIGATIONS, PROSECUTIONS, PROCEEDINGS AND PROCEEDS OF CRIME
CHAPTER 1
INVESTIGATORY POWERS OF DPP, ETC.
Introductory
60Investigatory powers of DPP etc.
61Offences to which this Chapter applies

Disclosure notices
62Disclosure notices
63Production of documents
64Restrictions on requiring information etc.
65Restrictions on use of statements

Enforcement
66Power to enter and seize documents
67Offences in connection with disclosure notices or search warrants

Supplementary
68Procedure applicable to search warrants
69Manner in which disclosure notice may be given
70Interpretation of Chapter 1

CHAPTER 2
OFFENDERS ASSISTING INVESTIGATIONS AND PROSECUTIONS
71Assistance by offender: immunity from prosecution
72Assistance by offender: undertakings as to use of evidence
73Assistance by defendant: reduction in sentence
74Assistance by defendant: review of sentence
75Proceedings under section 74: exclusion of public

CHAPTER 3
FINANCIAL REPORTING ORDERS
76Financial reporting orders: making
77Financial reporting orders: making in Scotland
78Financial reporting orders: making in Northern Ireland
79Financial reporting orders: effect
80Financial reporting orders: variation and revocation
81Financial reporting orders: verification and disclosure

CHAPTER 4
PROTECTION OF WITNESSES AND OTHER PERSONS
82Protection of persons involved in investigations or proceedings
83Joint arrangements
84Transfer of responsibility to other protection provider
85Duty to assist protection providers
86Offence of disclosing information about protection arrangements
87Defences to liability under section 86
88Offences of disclosing information relating to persons assuming new identity
89Defences to liability under section 88
90Protection from liability
91Transitional provision
92Transitional provision: supplemental
93Provision of information
94Interpretation of Chapter 4

CHAPTER 5
INTERNATIONAL OBLIGATIONS
95Enforcement of overseas forfeiture orders
96Mutual assistance in freezing property or evidence

CHAPTER 6
PROCEEDS OF CRIME
97Confiscation orders by magistrates' courts
98Civil recovery: freezing orders
99Civil recovery: interim receivers' expenses etc.
100Detention of seized cash: meaning of "48 hours"
101Appeal in proceedings for forfeiture of cash
102Money laundering: defence where overseas conduct is legal under local law
103Money laundering: threshold amounts
104Money laundering: disclosures to identify persons and property
105Money laundering: form and manner of disclosures
106Money laundering: miscellaneous amendments
107Money laundering offences
108International co-operation
109Minor and consequential amendments relating to Chapter 6

PART 3
POLICE POWERS ETC.
Powers of arrest
110Powers of arrest
111Powers of arrest: supplementary

Exclusion zones
112Power to direct a person to leave a place

Search warrants
113Search warrants: premises
114Search warrants: other amendments

Fireworks
115Power to stop and search for prohibited fireworks

Photographing of suspects etc.
116Photographing of suspects etc.

Fingerprints and footwear impressions
117Fingerprints
118Impressions of footwear

Intimate samples
119Intimate samples

Custody officers
120Staff custody officers: designation
121Custody officers: amendments to PACE

Designated and accredited persons
122Powers of designated and accredited persons

Provision of information for use by police staff
123Provision of information for use by police staff

Interpretation of Part 3
124Interpretation of Part 3

PART 4
PUBLIC ORDER AND CONDUCT IN PUBLIC PLACES ETC.
Harassment
125Harassment intended to deter lawful activities
126Harassment etc. of a person in his home
127Harassment etc: police direction to stay away from person's home

Trespass on designated site
128Offence of trespassing on designated site
129Corresponding Scottish offence
130Designated sites: powers of arrest
131Designated sites: access

Demonstrations in vicinity of Parliament
132Demonstrating without authorisation in designated area
133Notice of demonstrations in designated area
134Authorisation of demonstrations in designated area
135Supplementary directions
136Offences under sections 132 to 135: penalties
137Loudspeakers in designated area
138The designated area

Anti-social behaviour
139Orders about anti-social behaviour etc.
140Variation and discharge of anti-social behaviour orders made on conviction
141Anti-social behaviour orders etc: reporting restrictions
142Contracting out of local authority functions relating to anti-social behaviour orders
143Special measures for witnesses in proceedings for anti-social behaviour orders etc.

Parental compensation orders
144Parental compensation orders

PART 5
MISCELLANEOUS
Protection of activities of certain organisations
145Interference with contractual relationships so as to harm animal research organisation
146Intimidation of persons connected with animal research organisation
147Penalty for offences under sections 145 and 146
148Animal research organisations
149Extension of sections 145 to 147

Vehicle registration and insurance and road traffic offences
150Offence in respect of incorrectly registered vehicles
151Power of constables etc. to require production of registration documents in respect of a vehicle
152Power to seize etc. vehicles driven without licence or insurance
153Disclosure of information about insurance status of vehicles
154Power to require specimens of breath at roadside or at hospital etc.
155Payments by Secretary of State to police authorities in relation to the prevention, detection and enforcement of certain traffic offences
156Payments by Scottish Ministers to police authorities etc. in relation to the prevention, detection and enforcement of certain traffic offences

Local policing information
157Publication of local policing information

Other miscellaneous police matters
158Responsibilities in relation to the health and safety etc. of police
159Investigations: accelerated procedure in special cases
160Investigations: deaths and serious injuries during or after contact with the police

Royal Parks etc.
161Abolition of Royal Parks Constabulary
162Regulation of specified parks

Criminal record checks
163Criminal record certificates
164Criminal records checks: verification of identity
165Certain references to police forces
* 166Further amendments to Police Act 1997 as it applies to Scotland
167Part 5 of the Police Act 1997: Northern Ireland
168Part 5 of the Police Act 1997: Channel Islands and Isle of Man

Witness summonses
169Powers of Crown Court and Magistrates' Court to issue witness summons
170Powers of courts-martial etc. to issue warrants of arrest in respect of witnesses

Private Security Industry Act 2001: Scotland
171Private Security Industry Act 2001: Scottish extent

PART 6
FINAL PROVISIONS
172Orders and regulations
173Supplementary, incidental, consequential etc. provision
174Minor and consequential amendments, repeals and revocations
175Penalties for offences: transitional modification for England and Wales
176Expenses
177Interpretation
178Commencement
179Short title and extent
 

 
    Schedule 1-The Serious Organised Crime Agency
    Part 1-The Board of SOCA
    Part 2-Director General and other staff
    Part 3-Committees, procedure etc.
    Part 4-General
    Schedule 2-Functions of Independent Police Complaints Commission in relation to SOCA
    Schedule 3-Transfers to SOCA
    Schedule 4-Minor and consequential amendments relating to SOCA
    Schedule 5-Persons specified for the purposes of section 82
    Schedule 6-Minor and consequential amendments relating to Chapter 6 of Part 2
    Schedule 7-Powers of Arrest: supplementary
    Part 1-Specific repeals
    Part 2-General repeal
    Part 3-Amendments relating to references to arrestable offences and serious arrestable offences
    * Part 4-Other amendments
    Schedule 8-Powers of designated and accredited persons
    Part 1-Designated persons
    Part 2-Accredited persons
    Schedule 9-Additional powers and duties of designated persons
    Schedule 10-Parental compensation orders
    Part 1-England and Wales
    Part 2-Northern Ireland
    Schedule 11-Investigations into conduct of police officers: accelerated procedure in special cases
    Schedule 12-Investigations of deaths and serious injuries during or after contact with the police
    Schedule 13-Abolition of Royal Parks Constabulary: supplementary
    Part 1-Transfers to Metropolitan Police Authority
    Part 2-Amendments
    Schedule 14-Amendments of Part 5 of Police Act 1997
    Schedule 15-Private Security Industry Act 2001: Scottish extent
    Schedule 16-Remaining minor and consequential amendments (search warrants)
    Schedule 17-Repeals and revocations
    Part 1-Repeals coming into force on Royal Assent
    Part 2-Other repeals and revocations
 
* Amended by correction slip
 


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© Crown copyright 2005
Prepared 12 April 2005

Serious Organised Crime and Police Act 2005 is reproduced under the terms of Crown Copyright Policy Guidance issued by HMSO.
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