Table of Contents
Serious Crime Act 2007 (c. 27)Introductory TextPart 1 Serious crime prevention orders (ss. 1-43)General (ss. 1-5A)1. Serious crime prevention orders2. Involvement in serious crime: England and Wales orders2A. Involvement in serious crime: Scotland orders3. Involvement in serious crime: Northern Ireland orders4. Involvement in serious crime: supplementary5. Type of provision that may be made by orders5A. Verification and disclosure of informationGeneral safeguards in relation to orders (ss. 6-10)6. Any individual must be 18 or over7. Other exceptions8. Limited class of applicants for making of orders8A. Serious crime prevention orders that are terrorism-related9. Right of third parties to make representations10. Notice requirements in relation to ordersInformation safeguards (ss. 11-15)11. Restrictions on oral answers12. Restrictions for legal professional privilege13. Restrictions on excluded material and banking information14. Restrictions relating to other enactments15. Restrictions on use of information obtainedDuration, variation and discharge of orders (ss. 16-18)16. Duration of orders17. Variation of orders18. Discharge of ordersExtension of jurisdiction to Crown Court (ss. 19-22)19. Orders by Crown Court on conviction20. Powers of Crown Court to vary orders on conviction21. Powers of Crown Court to vary or replace orders on breach22. Inter-relationship between different types of orders in England and Wales or Northern IrelandExtension of jurisdiction: Scotland (ss. 22A-22D)22A. Orders by High Court of Justiciary and sheriff on conviction22B. Powers of High Court of Justiciary and sheriff to vary orders on conviction22C. Powers of High Court of Justiciary and sheriff to vary or replace orders on breach22D. Inter-relationship between different types of orders in ScotlandPowers to extend orders where person charged (s. 22E)22E. Extension of orders pending outcome of criminal proceedingsAppeals (ss. 23-24B)23. Additional right of appeal from High Court24. Appeals from Crown Court24A. Additional right of appeal from Court of Session24B. Appeals from High Court of Justiciary and sheriffEnforcement (ss. 25-29)25. Offence of failing to comply with order26. Powers of forfeiture in respect of offence27. Powers to wind up companies etc: England and Wales27A. Powers to wind up companies etc: Scotland28. Powers to wind up companies etc: Northern Ireland29. Powers to wind up: supplementaryParticular types of persons (ss. 30-34)30. Bodies corporate including limited liability partnerships31. Other partnerships32. Unincorporated associations33. Overseas bodies34. Providers of information society servicesSupplementary (ss. 35-41)35. Proceedings in the High Court36. Proceedings in the Crown Court36A. Proceedings in the High Court of Justiciary and sheriff court37. Functions of applicant authorities38. Disclosure of information in accordance with orders39. Compliance with orders: authorised monitors40. Costs in relation to authorised monitors41. Powers of law enforcement officers to retain documentsInterpretation: Part 1 (ss. 42-43)42. Interpretation: Part 143. Index of defined expressions: Part 1Part 2 Encouraging or assisting crime (ss. 44-67)Inchoate offences (ss. 44-49)44. Intentionally encouraging or assisting an offence45. Encouraging or assisting an offence believing it will be committed46. Encouraging or assisting offences believing one or more will be committed47. Proving an offence under this Part48. Proving an offence under section 4649. Supplemental provisionsDefences (ss. 50-50A)50. Defence of acting reasonably50A. Extra-territorial offences: defence for intelligence services and armed forcesLimitation on liability (ss. 51-51A)51. Protective offences: victims not liable51A. Exceptions to section 44 for encouraging or assisting suicide or serious self-harmJurisdiction and procedure (ss. 52-58)52. Jurisdiction53. Prosecution of offences triable by reason of Schedule 454. Institution of proceedings etc. for an offence under this Part55. Mode of trial56. Persons who may be perpetrators or encouragers etc.57. Alternative verdicts and guilty pleas58. PenaltiesConsequential alterations of the law (ss. 59-63)59. Abolition of common law replaced by this Part60. Amendments relating to service law61. Repeal of offence of enabling unauthorised access to computer material62. No individual liability in respect of corporate manslaughter63. Consequential amendments: Part 2Interpretation: Part 2 (ss. 64-67)64. Encouraging or assisting the commission of an offence65. Being capable of encouraging or assisting66. Indirectly encouraging or assisting67. Course of conductPart 3 Other measures to prevent or disrupt serious and other crime (ss. 68-88)Chapter 1 Prevention of fraud (ss. 68-73)Sharing information with anti-fraud organisations (ss. 68-72)68. Disclosure of information to prevent fraud69. Offence for certain further disclosures of information70. Penalty and prosecution for offence under section 6971. Code of practice for disclosure of information to prevent fraud72. Data protection rulesData matching (s. 73)73. Data matchingChapter 2 Proceeds of crime (ss. 74-86)Assets Recovery Agency (s. 74)74. Abolition of Assets Recovery Agency and redistribution of functions etc.Detained cash investigations: use of production orders and warrants (ss. 75-77)75. Use of production orders for detained cash investigations76. Use of search warrants etc. for detained cash investigations77. Further provision about detained cash investigationsExtension of powers of accredited financial investigators (ss. 78-81)78. Powers to seize property to which restraint orders apply79. Powers to recover cash80. Powers in relation to certain investigations81. Supplementary provision in relation to new powersMiscellaneous (ss. 82-86)82. Powers of management receivers and enforcement receivers83. Civil recovery management receivers84. Powers for prosecutors to appear in cash recovery proceedings85. Disclosure of information by Revenue and Customs86. Use of force in executing search warrants: ScotlandChapter 3 Other measures (ss. 87-88)87. Incidents involving serious violence: powers to stop and search88. Extension of investigatory powers of Revenue and CustomsPart 4 General and final provisions (ss. 89-95)General (ss. 89-92)89. Orders90. Supplementary, incidental and consequential provision91. Transitional and transitory provisions and savings92. Repeals and revocationsFinal (ss. 93-95)93. Extent94. Commencement95. Short titleSchedule 1 Serious offencesSchedule 1, Part 1 Serious offences in England and Wales (paras. 1-16)Schedule 1, Part 1A Serious offences In Scotland (paras. 16A-16P)Schedule 1, Part 2 Serious offences in Northern Ireland (paras. 17-32)Schedule 2 Functions of applicant authorities under Part 1Schedule 3 Listed OffencesSchedule 3, Part 1 Offences common to England and Wales and Northern Ireland (paras. 1-24A)Schedule 3, Part 2 Offences under particular enactments: England and Wales (paras. 25-38A)Schedule 3, Part 3 Other offences: England and Wales (paras. 39-40)Schedule 3, Part 4 Offences under particular enactments: Northern Ireland (paras. 41-49)Schedule 3, Part 5 Other offences: Northern Ireland (para. 50)Schedule 4 Extra-territorialitySchedule 5 Amendments relating to service lawSchedule 6 Minor and consequential amendments: Part 2Schedule 6, Part 1 References to common law offence of incitement (paras. 1-52)Schedule 6, Part 2 Other minor and consequential amendments (paras. 53-64)Schedule 7 Data matchingSchedule 7, Part 1 Data matching: England (paras. 1-3)Schedule 7, Part 2 Data matching: Wales (paras. 4-5)Schedule 7, Part 3 Data matching: Northern Ireland (paras. 6-7)Schedule 8 Abolition of Assets Recovery Agency and its DirectorSchedule 8, Part 1 Abolition of confiscation functions (paras. 1-84)Schedule 8, Part 2 Transfer of civil recovery functions (paras. 85-91)Schedule 8, Part 3 Transfer or abolition of Revenue functions (paras. 92-102)Schedule 8, Part 4 Transfer of investigation functions (paras. 103-119)Schedule 8, Part 5 Transfer of accreditation and training functions (para. 120)Schedule 8, Part 6 Other amendments to 2002 Act (paras. 121-142)Schedule 8, Part 7 Amendments to other enactments (paras. 143-178)Schedule 9 Transfers to SOCA or NPIASchedule 10 Detained cash investigations: further provisionSchedule 11 Powers to recover cash: financial investigatorsSchedule 12 Revenue and Customs: regulation of investigatory powersSchedule 13 Transitional and transitory provisions and savingsSchedule 14 Repeals and revocations
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35. Proceedings in the High Court
(1) Proceedings before the High Court in relation to serious crime prevention orders are civil proceedings.
(2) One consequence of this is that the standard of proof to be applied by the court in such proceedings is the civil standard of proof.