Serious Organised Crime And Police Act 2005 Flashcards
SOCPA 2005
S. 62
Disclosure notices
If the investigating authority has RGS an offence has been committed,
That any person has relevant information or
that information in compliance to a disclosure notice is likely to be of substantial value,
He may give or authorise an appropriate person to give a disclosure notice. (Notice is in writing)
The person must
Answer questions with respect to any matter relevant on the investigation.
Any matter required in the notice
Any documents relevant to the investigation.
Constable, NCA Officer or Revenue and Customs Officer, designates under sect 9 or 10 or Revenue/Customs officer.
SOCPA 2005
S. 63
Production of Documents
When a disclosure notice has been given.
An authorised person may:
Take copies
Require the person producing them to give an explanation of them.
Documents can be retained if the IA considers it necessary to retain them if they believe that they are necessary for other proceedings and they may not be available after that time.
If documents are not produced an authorised person may demand where they are.
SOCPA 2005
S.64
Restrictions on requiring information.
A person may not be required to answer privileged questions or provide privileged information or documents.
‘Privilege’ - legal professional privilege, communication between lawyer and client.
Person may not have to provide ‘excluded information’ according to POCA
SOCPA 2005
S.65
Restrictions on use of statements
A statement made by a person in response to a requirement from S. 62 or 63 can’t be used against them.
Exceptions are offences under s.67 for giving false statements (lying under oath/contradicting other statement from different prosecution.
SOCPA 2005
S. 66
Power to enter and seize documents.
JOP may issue a warrant to seize documents if he is satisfied the following conditions are met:
- If a disclosure order to produce them has not been followed.
- It is not practical to give a disclosure notice to obtain them.
- That giving a disclosure notice would seriously prejudice the investigation.
Includes computer data.
Officer can take another person with them.
Must produce warrant for owner of premises.
Document may be retained for as long as the IA seems it necessary.
No other documents, unrelated to offences under 62 or 63 can be seized.
SOCPA 2005
S. 67
Failing to comply with Disclosure Notices or Search Warrants
Either way
Two years/fine
Six months/fine
If a person knowingly or recklessly makes statement that is false or misleading.
If without reasonable excuse he fails to comply with a requirement imposed upon him in 62 or 63.
Or wilfully obstructs any person in the exercise of any rights connected with the warrant.
SOCPA 2005
S. 69
Manner in which Disclosure Notice May be given.
A disclosure notice may be given by delivering it, leaving it at their address or sending by post.
Business address, must be principal office in UK
This section doesn’t apply to Scotland.
SOCPA 2005
S. 71.
Assistance by offender: Immunity from prosecution.
A designated prosecutor from the CPS, Revenue and Customs Protection Office, Serious Fraud Office or Northern Ireland DPP may give immunity to anyone if they deem it appropriate for an investigation.
Must be in writing, covers England, Wales and NI.
Cannot be given for Cartel offences (188 Enterprise Act 2002 c.40)
Will include conditions, the breach of which will lead to the immunity being revoked.
SOCPA 2005
S. 72
Assistance by an Offender, Undertakings as to Use of Evidence.
This section provides for a designated prosecutor to grant a person a conditional undertaking that any information the individual provides will not be used in any criminal proceedings.
Applies in England, Wales and NI
NI DPP can’t give restricted use undertaking in relation to England and Wales and Vice Versa.
SOCPA 2005
S. 73
Assistance by Defendant: Reduction in Sentence
Specified prosecutor Must agree in writing.
Defendant must plead guilty
Must state in open court what the sentence would have been.
Unless it’s not in the public interest then it must be submitted in writing .
Crown court can pass lower sentence as a result of assistance.
Court must set out what the sentence would have been unless it is determined not to be in the public interest.
SOCPA 2005
S. 74
Assistance by Defendant: Review of Sentences.
Sentence can be sent back to the court for review if the defendant agreed to give assistance then did not, resulting in an increase
THIS CANNOT EXCEED THE ORIGINAL SENTENCE.
or if they agree to give assistance after they have been sentenced, the sentence is reduced.
SOCPA 2005
S. 75
Exclusion of The Public
Anyone who is not: A member or officer of the court. Parties to the Proceedings Counsel or solicitors Person otherwise directly connected with the proceedings.
Court can give such direction as to prohibit publication AND THE FACT THE PROHIBITION HAS BEEN MADE.
Can be excluded from the court proceedings if the court decides it’s in the public interest.
