2 Harcourt Buildings
Part 1 of the Serious Crime Act 2007 created a power for the High Court to impose Serious Crime Prevention Orders.
Section 19 of the Act extended that power to the Crown Court.
These orders interfere with the liberty of the subject whether an individual or a business or other entity with the aim of preventing involvement in serious crime.
This webinar will touch on:
• the legislative background
• setting out the scheme of the Act
• judicial guidance
• prosecutorial policy, and
• tips that might assist when defending these orders.
• Ensure that all the basic conditions for a lawful order are in place;
• Ensure that the order does not contain conditions prohibited by statute, or imposing house arrest or tagging or similar gross interference with liberty;
• Ensure that the Court allows sufficient time for proper instructions to be taken and inquiries to be made. In the case of a business this may involve professional assessment of reputational and economic damage caused by the proposed terms of the order and the identification of third parties who may be adversely affected.
• Can any evidence be adduced or arrangement put in place to limit the assessment of present or future risk?
• Consider making detailed representations to the dedicated senior prosecutor about the necessity for an order or the scope of its terms and the adverse consequences on any third party.
• Consider whether the case is so exceptional as to merit the imposition of an order in accordance with CPS policy.
• Can the risk be substantially allayed, by means other than the granting of an SCPO?
• Does any term, or combination of terms, have any adverse unintended consequences?
• Is each term strictly necessary to the purpose of the order, or are they insufficiently tailored to identify future risk?
• Is each term proportionate to the risk it itself mitigates, including in relation to the duty of positive action created, and the interference to the private life of an individual?
• What is the risk of inadvertent breach?
• To what extent is lawful business activity hampered?
• Are the requirements practicable, enforceable, clear, precise, and certain?
You can contact Edward Franklin via his clerks on this e mail