PoliceCase Toolkit

Serious Crime Act 2007: A Detective's Guide

Overview of the Act

The Serious Crime Act 2007 was introduced to tackle serious and organized crime. Its main purpose is to give law enforcement agencies enhanced powers to prevent and disrupt criminal activities, particularly organized crime, through tools like Serious Crime Prevention Orders (SCPOs) and new inchoate offenses for encouraging or assisting crimes.

Key Points for Detectives

Part 2: Confiscation Orders

SCPOs are civil orders aimed at preventing or disrupting serious crime. These orders can be issued by the High Court or Crown Court against individuals or organisations involved in serious crime, even if they have not been convicted of a criminal offense.

What a detective can do:

Detectives can apply for an SCPO if they have evidence that a person or organisation is involved in serious crime, such as drug trafficking, human trafficking, or money laundering. The order imposes restrictions on the target’s financial or business dealings, communication, or movement to prevent further criminal activity.

Example:

If detectives uncover that a criminal organisation is laundering money through legitimate businesses, they can apply for an SCPO to limit the organisation's financial activities and restrict the communication of its leaders.

How to proceed:

  1. Gather evidence proving that the individual or organisation is involved in serious crime.
  2. Submit an application to the High Court or Crown Court outlining the need for an SCPO. Make sure to include all the evidence and why it is necessary and proportionate.
  3. The court decides whether to grant the SCPO based on the threat posed by the individual or organisation.
  4. If approved, the SCPO will be issued by the court.

    5. Example Warrant:

    SERIOUS CRIME PREVENTION ORDER
    Under Part 1 of the Serious Crime Act 2007
    [Target]: John Doe (or XYZ Corporation)
    [Restrictions]: Prohibited from conducting financial transactions exceeding £10,000, restricted from contacting known criminal associates.

Part 2: Encouraging or Assisting Crime

Part 2 introduces inchoate (anticipated or preparatory) offenses of intentionally encouraging or assisting a crime, replacing the old common law offense of incitement. These offenses criminalize acts that encourage or assist the commission of a crime, even if the crime itself is not completed.

What a detective can do:

Detectives can charge individuals under this section if they gather evidence that someone intentionally encouraged or assisted another to commit a serious crime, even if the crime didn’t happen or wasn’t fully planned out.

Example:

Detectives might apply this section if a suspect is found to have provided information or resources to a criminal group, believing they would be used to commit robbery or drug trafficking.

How to proceed:

  1. Collect evidence that the individuals actions were capable of encouraging or assiting in a crime.
  2. Request an Arrest or Search warrant. This can be done using other acts or standard templates.
  3. Whilst arresting someone or searching premises requires a warrant, the inital charge does not require any authorisation.

Example Warrant:

ARREST WARRANT
Under Section 44 of the Serious Crime Act 2007
[Target]: Jane Smith
[Justification]: Suspected of assisting in the commission of drug trafficking by providing logistics to a known criminal group.

Part 3: Measures to Prevent Fraud and Proceeds of Crime

Part 3 enhances the ability to prevent and detect fraud and recover proceeds of crime. It includes provisions for data sharing between public bodies and private organizations to prevent fraud.

What a detective can do:

Detectives can request access to financial data, property records, or other relevant information to trace the proceeds of crime and identify fraudulent activity.

Example:

Detectives might use this provision to request financial records from banks to trace funds believed to be the proceeds of a large-scale fraud operation.

How to proceed:

  1. Gather evidence of the crime, enough so that you can get a production order. You will also need to determine what data (financial records, property ownership, etc.) is relevant to the investigation.
  2. Submit an application for a production order to the courts, make sure to include all of the relevant evidence and explain why it is necessary and proportionate.
  3. Submit a request to the Court to get a production order.
  4. If the court approves the request, a production order will be granted meaning the organisation is required to provide the information.

Example Warrant:

PRODUCTION ORDER
Under Part 3 of the Serious Crime Act 2007
[Target]: Bank records of account number [XXX] linked to fraudulent transactions.
[Purpose]: To trace proceeds of crime linked to an ongoing fraud investigation.

Important Considerations

Companies

Companies must immediately comply with the warrant on recieving it.

When the Warrant is Recieved:

Upon receiving a warrant, the companies must first verify its legitimacy, ensuring it is properly authorized by the relevant legal authority, such as a Judicial Commissioner or court. The warrant should clearly specify the data requested, the individuals involved, and the relevant time frame. Once verified, the controller should assess the scope of the warrant to ensure the request is proportionate and justified under data protection laws. If the warrant is valid, the controller must securely transmit the requested data and maintain confidentiality throughout the process, ensuring no unauthorized parties are informed or involved.

What to Do If They Suspect Fraud (Doubt the Warrant’s Legitimacy):

The companies can do one of three things. These cannot however delay the compliance with the warrant without legal basis:
Internal Review: If there are doubts about the authenticity or legality of the warrant, the companies should conduct an internal legal review. They can request additional proof or clarification from law enforcement if needed.
Request for Verification: Contact the issuing authority to confirm the legitimacy of the warrant. This may involve speaking with the law enforcement agency or judicial body that issued it.
Consult Legal Counsel: If further doubts persist, consult legal advisors to determine whether the warrant complies with data protection laws and whether it can be legally challenged.

Fighting the Warrant (If They Believe It Is Overly Broad or Unlawful):

The companies can, in execptional circumstances (e.g., when a warrant is overly broad or appears to violate legal standards), fight the warrant. There are three ways this is done:
Insufficient Legal Basis: If the warrant is not properly authorized or lacks legal grounds.
Overly Broad Scope: If the warrant requests excessive or irrelevant data, the controller can ask for a narrower request.
Privacy Violations: If fulfilling the warrant would violate fundamental data protection principles or rights, the controller can challenge it through legal channels.

Penalties for Non-Compliance:

Fines and Sanctions: Failing to comply with a valid SCPO or production order can result in fines or legal sanctions.
Criminal Charges: Breaching SCPOs or obstructing a law enforcement investigation can lead to criminal prosecution and imprisonment.