Serious Organised Crime and Police Act 2005
Serious Organised Crime and Police Act 2005 (2005 c. 15)
- Serious Organised Crime and Police Act 2005 (2005 c. 15)
- Part 1 The Serious Organised Crime Agency
- Chapter 1 SOCA: establishment and activities
- Establishment of SOCA
- 1 Establishment of Serious Organised Crime Agency
- Functions
- 2 Functions of SOCA as to serious organised crime
- 2A Functions of SOCA as to the recovery of assets
- 3 Functions of SOCA as to information relating to crime
- 4 Exercise of functions: general considerations
- General powers
- 5 SOCA's general powers
- Annual plans and reports
- 6 Annual plans
- 7 Annual reports
- Central supervision and direction
- 8 General duty of Secretary of State and Scottish Ministers
- 8A General duty of the Department of Justice in Northern Ireland
- 9 Strategic priorities
- 10 Codes of practice
- 11 Reports to Secretary of State
- 12 Power to direct submission of action plan
- 13 Revision of inadequate action plan
- 14 Procedure for giving directions under section 12
- 15 Reports relating to directions under section 12
- 16 Inspections
- Financial provisions
- 17 Grants by Secretary of State
- 18 Determinations relating to grants under section 17
- 19 Charges by SOCA and other receipts
- 20 Accounts
- Operational matters
- 21 Operational responsibility of Director General
- 22 Activities in Scotland in relation to crime
- 23 Mutual assistance between SOCA and law enforcement agencies: voluntary arrangements
- 24 Mutual assistance between SOCA and law enforcement agencies: directed arrangements
- 25 Directed arrangements: Scotland
- 25A Directed arrangements: Northern Ireland
- 26 Use by SOCA of police premises etc.
- 27 Regulations as to equipment
- Liability for unlawful conduct
- 28 Liability of SOCA for acts of seconded staff etc.
- 29 Payment by SOCA of amounts in connection with unlawful conduct of employees etc.
- 30 Application of sections 28 and 29 to members of joint investigation teams
- 31 Liability of special police forces and law enforcement agencies for unlawful conduct of SOCA staff
- Use and disclosure of information
- 32 Use of information by SOCA
- 33 Disclosure of information by SOCA
- 34 Disclosure of information to SOCA
- 35 Restrictions on further disclosure
- General duties of police etc.
- 36 General duty of police to pass information to SOCA
- 37 General duty of police etc. to assist SOCA
- Prosecutions
- 38 Prosecution of offences investigated by SOCA
- 39 Directions as to reference of cases and proceedings to appropriate prosecutor
- 40 Functions of Director of Revenue and Customs Prosecutions as to persons arrested for designated offence
- Miscellaneous and supplementary
- 41 Directions
- 42 Interpretation of Chapter 1
- Chapter 2 SOCA: special powers of designated staff
- Designations
- 43 Designation of SOCA staff as persons having powers of constable etc.
- 44 Delegation of power to designate
- 45 Modification or withdrawal of designations
- Powers exercisable
- 46 Person having powers of a constable
- 47 Person having powers of constable: Scotland and Northern Ireland
- 48 Person having customs powers
- 49 Person having powers of an immigration officer
- Exercise of powers
- 50 Designations: supplementary
- 51 Assaults, obstruction or deception in connection with designations
- Supplementary
- 52 Modification of enactments
- 53 Employment provisions
- 54 Interpretation of Chapter 2
- Chapter 3 SOCA: Miscellaneous and supplementary
- Complaints and misconduct
- 55 Complaints and misconduct
- Application of discrimination legislation
- 56 Application of discrimination legislation to SOCA seconded staff
- Joint investigation teams
- 57 Assaults or obstruction in connection with joint investigation teams
- Transfers
- 58 Transfers to SOCA
- Amendments
- 59 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 DPPetc.
- 61 Offences to which this Chapter applies
- Disclosure notices
- 62 Disclosure notices
- 63 Production of documents
- 64 Restrictions on requiring information etc.
- 65 Restrictions on use of statements
- Enforcement
- 66 Power to enter and seize documents
- 67 Offences in connection with disclosure notices or search warrants
- Supplementary
- 68 Procedure applicable to search warrants
- 69 Manner in which disclosure notice may be given
- 70 Interpretation of Chapter 1
- Chapter 2 Offenders assisting investigations and prosecutions
- 71 Assistance by offender: immunity from prosecution
- 72 Assistance by offender: undertakings as to use of evidence
- 73 Assistance by defendant: reduction in sentence
- 74 Assistance by defendant: review of sentence
- 75 Proceedings under section 74: exclusion of public
- 75A Proceedings under section 74: use of live link
- 75B Guidance about use of powers under sections 71 to 74
- Chapter 3 Financial reporting orders
- 76 Financial reporting orders: making
- 77 Financial reporting orders: making in Scotland
- 78 Financial reporting orders: making in Northern Ireland
- 79 Financial reporting orders: effect
- 80 Financial reporting orders: variation and revocation
- 81 Financial reporting orders: verification and disclosure
- Chapter 4 Protection of witnesses and other persons
- 82 Protection of persons involved in investigations or proceedingsarrangements for persons at risk
- 83 Joint arrangements
- 84 Transfer of responsibility to other protection provider
- 85 Duty to assist protection providers
- 86 Offence of disclosing information about protection arrangements
- 87 Defences to liability under section 86
- 88 Offences of disclosing information relating to persons assuming new identity
- 89 Defences to liability under section 88
- 90 Protection from liability
- 91 Transitional provision
- 92 Transitional provision: supplemental
- 93 Provision of information
- 94 Interpretation of Chapter 4
- Chapter 5 International obligations
- 95 Enforcement of overseas forfeiture orders
- 96 Mutual assistance in freezing property or evidence
- Chapter 6 Proceeds of crime
- 97 Confiscation orders by magistrates' courts
- 98 Civil recovery: freezing orders
- 99 Civil recovery: interim receivers' expenses etc.
- 100 Detention of seized cash: meaning of “48 hours”
- 101 Appeal in proceedings for forfeiture of cash
- 102 Money laundering: defence where overseas conduct is legal under local law
- 103 Money laundering: threshold amounts
- 104 Money laundering: disclosures to identify persons and property
- 105 Money laundering: form and manner of disclosures
- 106 Money laundering: miscellaneous amendments
- 107 Money laundering offences
- 108 International co-operation
- 109 Minor and consequential amendments relating to Chapter 6
- Part 3 Police powers etc.
- Powers of arrest
- 110 Powers of arrest
- 111 Powers of arrest: supplementary
- Exclusion zones
- 112 Power to direct a person to leave a place
- Search warrants
- 113 Search warrants: premises
- 114 Search warrants: other amendments
- Fireworks
- 115 Power to stop and search for prohibited fireworks
- Photographing of suspects etc.
- 116 Photographing of suspects etc.
- Fingerprints and footwear impressions
- 117 Fingerprints
- 118 Impressions of footwear
- Intimate samples
- 119 Intimate samples
- Custody officers
- 120 Staff custody officers: designation
- 121 Custody officers: amendments to PACE
- Designated and accredited persons
- 122 Powers of designated and accredited persons
- Provision of information for use by police staff
- 123 Provision of information for use by police staff
- Interpretation of Part 3
- 124 Interpretation of Part 3
- Part 4 Public order and conduct in public places etc.
- Harassment
- 125 Harassment intended to deter lawful activities
- 126 Harassment etc. of a person in his home
- 127 Harassment etc: police direction to stay away from person's home
- Trespass on designated site
- 128 Offence of trespassing on designated site
- 129 Corresponding Scottish offence
- 130 Designated sites: powers of arrest
- 131 Designated sites: access
- Demonstrations in vicinity of Parliament
- 132 Demonstrating without authorisation in designated area
- 133 Notice of demonstrations in designated area
- 134 Authorisation of demonstrations in designated area
- 135 Supplementary directions
- 136 Offences under sections 132 to 135: penalties
- 137 Loudspeakers in designated area
- 138 The designated area
- Anti-social behaviour
- 139 Orders about anti-social behaviour etc.
- 140 Variation and discharge of anti-social behaviour orders made on conviction
- 141 Anti-social behaviour orders etc: reporting restrictions
- 142 Contracting out of local authority functions relating to anti-social behaviour orders
- 143 Special measures for witnesses in proceedings for anti-social behaviour orders etc.
- Parental compensation orders
- 144 Parental compensation orders
- Part 5 Miscellaneous
- Protection of activities of certain organisations
- 145 Interference with contractual relationships so as to harm animal research organisation
- 146 Intimidation of persons connected with animal research organisation
- 147 Penalty for offences under sections 145 and 146
- 148 Animal research organisations
- 149 Extension of sections 145 to 147
- Vehicle registration and insurance and road traffic offences
- 150 Offence in respect of incorrectly registered vehicles
- 151 Power of constables etc. to require production of registration documents in respect of a vehicle
- 152 Power to seize etc. vehicles driven without licence or insurance
- 153 Disclosure of information about insurance status of vehicles
- 154 Power to require specimens of breath at roadside or at hospital etc.
- 155 Payments by Secretary of State to local policing body in relation to the prevention, detection and enforcement of certain traffic offences
- Road Traffic Act 1988 (c. 52)
- Vehicle Excise and Registration Act 1994 (c. 22)
- 156 Payments by Scottish Ministers to Scottish Police Authority in relation to the prevention, detection and enforcement of certain traffic offences
- Road Traffic Act 1988 (c. 52)
- Vehicle Excise and Registration Act 1994 (c. 22)
- Local policing information
- 157 Publication of local policing information
- Other miscellaneous police matters
- 158 Responsibilities in relation to the health and safety etc. of police
- 159 Investigations: accelerated procedure in special cases
- 160 Investigations: deaths and serious injuries during or after contact with the police
- Royal Parks etc.
- 161 Abolition of Royal Parks Constabulary
- 162 Regulation of specified parks
- Criminal record checks
- 163 Criminal record certificates
- 164 Criminal records checks: verification of identity
- 165 Certain references to police forces
- 166 Further amendments to Police Act 1997 as it applies to Scotland
- 167 Part 5 of the Police Act 1997: Northern Ireland
- 168 Part 5 of the Police Act 1997: Channel Islands and Isle of Man
- Witness summonses
- 169 Powers of Crown Court and Magistrates' Court to issue witness summons
- 170 Powers of courts-martial etc. to issue warrants of arrest in respect of witnesses
- Private Security Industry Act 2001: Scotland
- 171 Private Security Industry Act 2001: Scottish extent
- Part 6 Final provisions
- 172 Orders and regulations
- 173 Supplementary, incidental, consequential etc. provision
- 174 Minor and consequential amendments, repeals and revocations
- 175 Penalties for offences: transitional modification for England and Wales
- 176 Expenses
- 177 Interpretation
- 178 Commencement
- 179 Short title and extent
- SCHEDULES
- SCHEDULE 1 The Serious Organised Crime Agency
- Part 1 The Board of SOCA
- Membership
- Tenure of office: chairman and ordinary members
- Remuneration, pensions etc. of chairman and ordinary members
- Termination of office of ex-officio members
- Part 2 Director General and other staff
- SOCA's staff
- The Director General
- Termination or suspension of appointment of Director General
- Delegation of functions of Director General
- Remuneration and pensions of staff
- Insurance
- Part 3 Committees, procedure etc.
- Committees
- Delegation to committees and staff
- Proceedings
- Evidence
- Part 4 General
- Status
- Incidental powers
- SCHEDULE 2 Functions of Independent Police Complaints Commission in relation to SOCA
- SCHEDULE 3 Transfers to SOCA
- Interpretation
- Staff
- Property, rights and liabilities etc.
- Supplementary
- Power to make regulations
- SCHEDULE 4 Minor and consequential amendments relating to SOCA
- Explosives Act 1875 (c. 17)
- Police (Property) Act 1897 (c. 30)
- Army Act 1955 (3 & 4 Eliz. 2 c. 18)
- Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
- Naval Discipline Act 1957 (c. 53)
- Public Records Act 1958 (c. 51)
- Trustee Investments Act 1961 (c. 62)
- Offices, Shops and Railway Premises Act 1963 (c. 41)
- Parliamentary Commissioner Act 1967 (c. 13)
- Police (Scotland) Act 1967 (c. 77)
- Leasehold Reform Act 1967 (c. 88)
- Firearms Act 1968 (c. 27)
- Employment Agencies Act 1973 (c. 35)
- Health and Safety at Work etc. Act 1974 (c. 37)
- District Courts (Scotland) Act 1975 (c. 20)
- House of Commons Disqualification Act 1975 (c. 24)
- Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- Sex Discrimination Act 1975 (c. 65)
- Police Pensions Act 1976 (c. 35)
- Race Relations Act 1976 (c. 74)
- Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))
- Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))
- Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
- Stock Transfer Act 1982 (c. 41)
- Road Traffic Regulation Act 1984 (c. 27)
- Police and Criminal Evidence Act 1984 (c. 60)
- Prosecution of Offences Act 1985 (c. 23)
- Ministry of Defence Police Act 1987 (c. 4)
- Dartford-Thurrock Crossing Act 1988 (c. 20)
- Road Traffic Act 1988 (c. 52)
- Security Service Act 1989 (c. 5)
- Official Secrets Act 1989 (c. 6)
- Aviation and Maritime Security Act 1990 (c. 31)
- Tribunals and Inquiries Act 1992 (c. 53)
- Criminal Appeal Act 1995 (c. 35)
- Disability Discrimination Act 1995 (c. 50)
- Police Act 1996 (c. 16)
- Employment Rights Act 1996 (c. 18)
- Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6))
- Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))
- Police (Health and Safety) Act 1997 (c. 42)
- Police Act 1997 (c. 50)
- Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))
- Police (Health and Safety) (Northern Ireland) Order 1997 (S.I. 1997/1774 (N.I. 16))
- Audit Commission Act 1998 (c. 18)
- Data Protection Act 1998 (c. 29)
- Police (Northern Ireland) Act 1998 (c. 32)
- Crime and Disorder Act 1998 (c. 37)
- Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))
- Immigration and Asylum Act 1999 (c. 33)
- Terrorism Act 2000 (c. 11)
- Regulation of Investigatory Powers Act 2000 (c. 23)
- Football (Disorder) Act 2000 (c. 25)
- Freedom of Information Act 2000 (c. 36)
- Criminal Justice and Court Services Act 2000 (c. 43)
- Criminal Justice and Police Act 2001 (c. 16)
- Proceeds of Crime Act 2002 (c. 29)
- Police Reform Act 2002 (c. 30)
- Crime (International Co-operation) Act 2003 (c. 32)
- Courts Act 2003 (c. 39)
- Sexual Offences Act 2003 (c. 42)
- Criminal Justice Act 2003 (c. 44)
- Energy Act 2004 (c. 20)
- Domestic Violence, Crime and Victims Act 2004 (c. 28)
- SCHEDULE 5 Persons specified for the purposes of section 82
- SCHEDULE 6 Minor and consequential amendments relating to Chapter 6 of Part 2
- Prescription and Limitation (Scotland) Act 1973 (c. 52)
- Limitation Act 1980 (c. 58)
- Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))
- Proceeds of Crime Act 2002 (c. 29)
- SCHEDULE 7 Powers of Arrest: supplementary
- Part 1 Specific repeals
- Unlawful Drilling Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 1)
- Vagrancy Act 1824 (c. 83)
- Railway Regulation Act 1842 (c. 55)
- Companies Clauses Consolidation Act 1845 (c. 16)
- Railways Clauses Consolidation Act 1845 (c. 20)
- Licensing Act 1872 (c. 94)
- Public Stores Act 1875 (c. 25)
- London County Council (General Powers) Act 1894 (c. ccxii)
- London County Council (General Powers) Act 1900 (c. cclxviii)
- Licensing Act 1902 (c. 28)
- Protection of Animals Act 1911 (c. 27)
- Official Secrets Act 1911 (c. 28)
- Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)
- Street Offences Act 1959 (c. 57)
- Criminal Justice Act 1967 (c. 80)
- Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. xxix)
- Theft Act 1968 (c. 60)
- Port of London Act 1968 (c. xxxii)
- Criminal Law Act 1977 (c. 45)
- Theft Act 1978 (c. 31)
- Animal Health Act 1981 (c. 22)
- Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
- Aviation Security Act 1982 (c. 36)
- Police and Criminal Evidence Act 1984 (c. 60)
- Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)
- Public Order Act 1986 (c. 64)
- Road Traffic Act 1988 (c. 52)
- Football Spectators Act 1989 (c. 37)
- Transport and Works Act 1992 (c. 42)
- Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
- Criminal Justice and Public Order Act 1994 (c. 33)
- Reserve Forces Act 1996 (c. 14)
- Confiscation of Alcohol (Young Persons) Act 1997 (c. 33)
- Crime and Disorder Act 1998 (c. 37)
- Criminal Justice and Police Act 2001 (c. 16)
- Anti-social Behaviour Act 2003 (c. 38)
- Hunting Act 2004 (c. 37)
- Part 2 General repeal
- Part 3 Amendments relating to references to arrestable offences and serious arrestable offences
- Criminal Law Act 1826 (c. 64)
- Criminal Law Act 1967 (c. 58)
- Port of London Act 1968 (c. xxxii)
- Solicitors Act 1974 (c. 47)
- Police and Criminal Evidence Act 1984 (c. 60)
- Administration of Justice Act 1985 (c. 61)
- Housing Act 1985 (c. 68)
- Housing Act 1988 (c. 50)
- Criminal Justice and Public Order Act 1994 (c. 33)
- Terrorism Act 2000 (c. 11)
- International Criminal Court Act 2001 (c. 17)
- Armed Forces Act 2001 (c. 19)
- Crime (International Co-operation) Act 2003 (c. 32)
- Part 4 Other amendments
- Game Laws (Amendment) Act 1960 (c. 36)
- Immigration Act 1971 (c. 77)
- Customs and Excise Management Act 1979 (c. 2)
- Animal Health Act 1981 (c. 22)
- Wildlife and Countryside Act 1981 (c. 69)
- Aviation Security Act 1982 (c. 36)
- Police and Criminal Evidence Act 1984 (c. 60)
- Road Traffic Act 1988 (c. 52)
- Aviation and Maritime Security Act 1990 (c. 31)
- Deer Act 1991 (c. 54)
- Gangmasters (Licensing) Act 2004 (c. 11)
- Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)
- SCHEDULE 8 Powers of designated and accredited persons
- Part 1 Designated persons
- Community support officers
- Investigating officers
- Detention officers
- Part 2 Accredited persons
- SCHEDULE 9 Additional powers and duties of designated persons
- Community Support Officers
- Investigating officers
- Detention officers
- Escort officers
- Staff custody officers
- 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
- Interpretation
- Establishment of eligibility for transfer
- Relevant persons
- Property, rights and liabilities, etc.
- Consultation
- Termination of employment
- Part 2 Amendments
- Royal Parks (Trading) Act 2000 (c. 13)
- Regulation of Investigatory Powers Act 2000 (c. 23)
- Police Reform Act 2002 (c. 30)
- 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)
- Incitement to Disaffection Act 1934 (c. 56)
- Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)
- Wireless Telegraphy Act 1949 (c. 54)
- Licensing Act 1964 (c. 26)
- Biological Weapons Act 1974 (c. 6)
- Copyright, Designs and Patents Act 1988 (c. 48)
- Computer Misuse Act 1990 (c. 18)
- Trade Marks Act 1994 (c. 26)
- SCHEDULE 17 Repeals and revocations
- Part 1 Repeals coming into force on Royal Assent
- Part 2 Other repeals and revocations
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