Serious Crime Prevention Order: Annex 1 - Delegation - CPS
High Court
The Director has decided that all applications for SCPOs in the High Court will be handled by the Confiscation Unit of the Organised Crime Division. All such applications must be approved by the Head of the Organised Crime Division (OCD) or the Head of the Central Fraud Group (CFG). If neither are available, then the Head of any other Central Casework Division may approve such an application.
When referring a case, a full file with supporting evidence should be submitted to the Head of the OCD or CFG together with a short report setting out the basic facts of the case and the reasons underlying the recommended course of action. The papers should be accompanied by a copy of any report from the police and all other relevant information which the Head of OCD/CFG will need to take into account. Details of the conditions it is suggested are appropriate and the reasons in support should also be included. Papers from CPS areas should be submitted via the local Chief Crown Prosecutor.
The Head of OCD or CFG will have to refer any High Court application to the Attorney General prior to the making of the application. In the circumstances adequate time must be allowed for in the process for this to take place.
Annex 2 is a draft form of request to be completed by police and submitted in all cases (High Court and Crown Court) where they consider an application appropriate.
Crown Court
The Director has decided to delegate authority to apply for an SCPO in the Crown Court following conviction of a serious offence to:
- Chief Crown Prosecutors;
- Deputy Chief Crown Prosecutors;
- Heads of Central Casework Divisions;
- Principal Legal Advisor;
- Chief Executive Officer (if designated as a "Crown Prosecutor" as per section 1 of the Prosecution of Offences Act 1985;
- Chief Operating Officer (if designated as a "Crown Prosector" as per section 1 of the Prosecution of Offences Act 1985.
Early consideration should be given to whether an order should be sought upon conviction. It should be the subject of a separate review. Proper advance notice should be given so suitable consideration can be given to the issues before sentence. The application in the prescribed form should be accompanied by a draft order and any additional evidence that will be introduced in support of the application and which has not already been placed before the court.
The court should record its findings of fact that support the making of the order.
Procedure
Referral of Applications - High Court
Possible applications in the High Court, including variations of Crown Court orders, which will also have to be heard in the High Court are referred to HQ.
In the case of an initial application the Areas should have first considered the available evidence and decided that there is either insufficient evidence to prosecute, or that the case is one of those exceptional cases where there are valid public interest reasons not to prosecute. The test which must be applied before an application is made is whether it is considered more likely than not that the High Court would be persuaded, so that it was sure, that the person (corporate body or partnership) to be the subject of the order had either been convicted of a serious crime or had been involved in serious crime and that the proposed terms of the order were necessary and proportionate? The Area will have a role in considering the joint guidance and refusing to refer obvious 'no hopers' or advising on further enquiries and re-submission, but the final judgement should be left to the HQ lawyers who would be responsible for any application and who will be more familiar with the civil procedure and evidence.
Variations:
Variations, including those from Crown Court orders, could potentially be quite frequent, for example a condition to live at a designated address would require amendment if that address ceased to be available, or a condition to keep away from an area or locality could become irrelevant if the reason involved contact with associates and they moved address. Areas should review any prosecution application to vary to ensure that it complies with the guidance before referring on to HQ. Application to vary by persons subject to orders or third parties should be forwarded automatically. The application should be accompanied by all the relevant information regarding the making of the original order and any change in circumstances sufficient to either support the prosecution request or to inform the response to the application for variation (accept or resist) made by the subject or third party.
Crown Court
So far as the Crown Court is concerned, CCPs will want to ensure that matters are considered at the appropriate level before they are referred to themselves for decision. In particular they will want to ensure that local police forces have appropriate procedures for ensuring that requests for SCPOs are authorised at the appropriate level within the force given the likely resource implications of monitoring and enforcing the terms of any order sought.
