May be made by | The Crown Court |
Relevant legislation | Serious Crime Act 2007, part 1 (section 19 – 21) |
Availability
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Can be made by the Crown Court if the offender has:
A serious offence is one which is specified in Part 1 of Schedule 1 or is one which the court considers to be sufficiently serious to be treated for the purposes of the application as if it were so specified. |
Content of the order | An order may contain prohibitions, restrictions or requirements and any other terms that the court considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the offender in serious crime in England and Wales.
The SCPO can contain prohibitions, restrictions or requirements. For example the SCPO may include: Prohibitions, restrictions, or requirements in relation to:
Requirement(s) to answer questions, or provide information, specified or described in an order:
Requirement(s) to produce documents specified or described in an order:
The order may include prohibitions, restrictions or requirements in relation to an individual’s private dwelling (such as where an individual may reside). |
Length of the order
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The order must specify when it comes into force and when it will end.
The order cannot exceed 5 years. The order may specify different times for different provisions but must be clear about when each starts and ends. |
Effect on earlier orders | Where an offender is already the subject of a serious crime prevention order that existing order must be discharged. |
Powers of Crown Court to vary orders on conviction | Where the Crown Court is dealing with a person who has been convicted of having committed a serious offence in England and Wales and is the subject of a SCPO:
· The Court may, in addition to dealing with the person in relation to the offence, vary the order if the court has reasonable grounds to believe that the terms of the order as varied, would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales.
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Consequences of breach | Breach of a SCPO is a criminal offence, maximum penalty five years’ custody. |