Serious Crime Act 2015
2015 c. 9 · Enacted 3 March 2015 · Extends to United Kingdom
An Act to amend the Proceeds of Crime Act 2002, the Computer Misuse Act 1990, Part 4 of the Policing and Crime Act 2009, section 1 of the Children and Young Persons Act 1933, the Sexual Offences Act 2003, the Street Offences Act 1959, the Female Genital Mutilation Act 2003, the Prohibition of Female Genital Mutilation (Scotland) Act 2005, the Prison Act 1952 and the Terrorism Act 2006; to make provision about involvement in organised crime groups and about serious crime prevention orders; to make provision for the seizure and forfeiture of drug-cutting agents; to make it an offence to possess an item that contains advice or guidance about committing sexual offences against children; to create an offence in relation to controlling or coercive behaviour in intimate or family relationships; to make provision for the prevention or restriction of the use of communication devices by persons detained in custodial institutions; to make provision approving for the purposes of section 8 of the European Union Act 2011 certain draft decisions under Article 352 of the Treaty on the Functioning of the European Union relating to serious crime; to make provision about codes of practice that relate to the exercise and performance, in connection with the prevention or detection of serious crime, of powers and duties in relation to communications; and for connected purposes.
[3rd March 2015]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Contents
- Part 1: Proceeds of crime
- Chapter 1: England and Wales
- Confiscation: assets held by defendant and other
- 1Determination of extent of defendant's interest in property
- 2Provision of information
- 3Appeals Repealed
- 4Enforcement receivers
- Confiscation: other amendments
- 5Time for payment
- 6Confiscation and victim surcharge orders
- 7Orders for securing compliance with confiscation order
- 8Variation or discharge
- 9Absconding defendants
- 10Default sentences
- 11Conditions for exercise of restraint order powers
- 12Continuation of restraint order after quashed conviction
- 13Conditions for exercise of search and seizure powers
- 14Seized money etc
- Chapter 2: Scotland
- Confiscation
- 15Restitution order and victim surcharge
- 16Orders for securing compliance with confiscation order
- 17Compliance orders: appeals by prosecutor
- 18Accused persons unlawfully at large
- 19Enforcement of confiscation orders
- 20Conditions for exercise of restraint order powers
- 21Continuation of restraint order after conviction quashed or verdict set aside
- 22Conditions for exercise of search and seizure powers
- Civil recovery
- 23Prohibitory property orders: PPO receivers
- Chapter 3: Northern Ireland
- Confiscation: assets held by defendant and other
- 24Determination of extent of defendant's interest in property
- 25Provision of information
- 26Appeals
- 27Enforcement receivers
- Confiscation: other amendments
- 28Time for payment
- 29Orders for securing compliance with confiscation order
- 30Variation or discharge
- 31Absconding defendants
- 32Default sentences
- 33Conditions for exercise of restraint order powers
- 34Continuation of restraint order after quashed conviction
- 35Conditions for exercise of search and seizure powers
- 36Seized money etc
- Chapter 4: Disclosures, investigations, co-operation and enforcement
- 37Exemption from civil liability for money-laundering disclosures
- 38Confiscation investigations
- 39External orders and investigations: meaning of “obtaining property”
- 40Confiscation orders by magistrates' courts
- Part 2: Computer misuse
- 41Unauthorised acts causing, or creating risk of, serious damage
- 42Obtaining articles for purposes relating to computer misuse
- 43Territorial scope of computer misuse offence
- 44Savings
- Part 3: Organised, serious and gang-related crime
- Organised crime groups
- 45Offence of participating in activities of organised crime group
- Serious crime prevention orders
- 46Extension of Part 1 of Serious Crime Act 2007 to Scotland
- 47Serious crime prevention orders: meaning of “serious offence”
- 48Powers of Crown Court to replace orders on breach
- 49Extension of order where person charged
- 50Serious crime prevention orders and financial reporting etc
- Gang injunctions
- 51Injunctions to prevent gang-related violence and drug-dealing activity
- Part 4: Seizure and forfeiture of drug-cutting agents
- Warrants
- 52Applications for search and seizure warrants
- 53Further provisions about search and seizure warrants
- 54Execution of search and seizure warrants
- Seizure
- 55Seizure of substances under search and seizure warrant
- 56Seizure of substances without search and seizure warrant
- 57Notice to be given where substances seized
- 58Containers
- Retention of seized substances
- 59Initial retention of seized substances
- 60Continued retention or return of seized substances
- Forfeiture etc or return of seized substances
- 61Forfeiture and disposal, or return, of seized substances
- 62Appeal against decision under section 61
- 63Return of substance to person entitled to it, or disposal if return impracticable
- Supplementary
- 64Compensation
- 65Interpretation etc
- Part 5: Protection of children and others
- Protection of children
- 66Child cruelty offence
- 67Sexual communication with a child
- 68Child sexual exploitation
- 69Possession of paedophile manual
- Female genital mutilation
- 70Offence of female genital mutilation: extra-territorial acts
- 71Anonymity for victims of female genital mutilation
- 72Offence of failing to protect girl from risk of genital mutilation
- 73Female genital mutilation protection orders
- 74Duty to notify police of female genital mutilation
- 75Guidance about female genital mutilation
- Strangulation or suffocation
- 75AStrangulation or suffocation
- 75BOffences under section 75A committed outside the United Kingdom
- Domestic abuse
- 76Controlling or coercive behaviour in an intimate or family relationship
- 76AOffences under section 76 committed outside the United Kingdom
- 77Guidance about investigation of offences under section 76
- Part 6: Miscellaneous and general
- Miscellaneous
- 78Knives and offensive weapons in prisons
- 79Throwing articles into prisons
- 80Prevention or restriction of use of communication devices by prisoners etc
- 80APrevention or restriction of use of communication devices for drug dealing
- 81Preparation or training abroad for terrorism
- 82Approval of draft decisions under Article 352 of TFEU relating to serious crime Repealed
- 83Codes of practice about investigatory powers: journalistic sources Repealed
- 84Termination of pregnancy on grounds of sex of foetus
- General
- 85Minor and consequential amendments
- 86Transitional and saving provisions
- 87Extent
- 88Commencement
- 89Short title
- Schedule 1: Amendments of Serious Crime Act 2007: Scotland
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- Schedule 2: Execution of search and seizure warrants
- Persons who may execute warrant
- 1Paragraph 1
- Warrant to be executed within 3 months
- 2Paragraph 2
- All-premises warrants
- 3Paragraph 3
- Search of premises more than once
- 4Paragraph 4
- Time of search
- 5Paragraph 5
- Evidence of authority etc
- 6Paragraph 6
- Extent of search
- 7Paragraph 7
- Inspection of substances
- 8Paragraph 8
- Securing premises after entry
- 9Paragraph 9
- Endorsement of warrant
- 10Paragraph 10
- Return and retention of warrant
- 11Paragraph 11
- Interpretation etc
- 12Paragraph 12
- Schedule 3: Paedophile manuals: providers of information society services
- Interpretation of this Schedule
- 1Paragraph 1
- Domestic service providers: extension of liability
- 2Paragraph 2 Repealed
- Non-UK service providers: restriction on institution of proceedings
- 3Paragraph 3 Repealed
- Exception for mere conduits
- 4Paragraph 4
- Exception for caching
- 5Paragraph 5
- Exception for hosting
- 6Paragraph 6
- Schedule 4: Minor and consequential amendments
- Visiting Forces Act 1952 (c. 67)
- 1Paragraph 1
- Street Offences Act 1959 (c. 57)
- 2Paragraph 2
- Criminal Appeal Act 1968 (c. 19)
- 3Paragraph 3
- Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
- 4Paragraph 4
- Senior Courts Act 1981 (c. 54)
- 5Paragraph 5
- Civil Jurisdiction and Judgments Act 1982 (c. 27)
- 6Paragraph 6
- Computer Misuse Act 1990 (c. 18)
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Courts and Legal Services Act 1990 (c. 41)
- 13Paragraph 13
- Criminal Procedure (Scotland) Act 1995 (c. 46)
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Family Law Act 1996 (c. 27)
- 17Paragraph 17
- Regulation of Investigatory Powers Act 2000 (c. 23)
- 18Paragraph 18 Repealed
- Proceeds of Crime Act 2002 (c. 29)
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21 Repealed
- 22Paragraph 22 Repealed
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25 Repealed
- 26Paragraph 26 Repealed
- 27Paragraph 27 Repealed
- 28Paragraph 28 Repealed
- 29Paragraph 29 Repealed
- 30Paragraph 30 Repealed
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- Female Genital Mutilation Act 2003 (c. 31)
- 60Paragraph 60
- Courts Act 2003 (c. 39)
- 61Paragraph 61
- Sexual Offences Act 2003 (c. 42)
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- Criminal Justice Act 2003 (c. 44)
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69 Repealed
- 70Paragraph 70
- Serious Organised Crime and Police Act 2005 (c. 15)
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- Terrorism Act 2006 (c. 11)
- 74Paragraph 74
- Armed Forces Act 2006 (c. 52)
- 75Paragraph 75
- Serious Crime Act 2007 (c. 27)
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79
- 80Paragraph 80
- 81Paragraph 81
- 82Paragraph 82
- Policing and Crime Act 2009 (c. 26)
- 83Paragraph 83
- 84Paragraph 84
- 85Paragraph 85
- Crime and Security Act 2010 (c. 17)
- 86Paragraph 86
- Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)
- 87Paragraph 87
- 88Paragraph 88
- Prevention of Social Housing Fraud Act 2013 (c. 3)
- 89Paragraph 89
- Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)
- 90Paragraph 90