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The Serious Crime Act 2007 is an Act of the Parliament of the United Kingdom that makes several radical changes to English criminal law. In particular, it creates a new scheme of serious crime prevention orders to frustrate crime in England and Wales and in Northern Ireland, replaces the common law crime of incitement with a statutory offence of encouraging or assisting crime, makes provision as to disclosure and information sharing in order to prevent fraud, and abolishes the Assets Recovery Agency creating a new regime for the recovery of the proceeds of crime. ==Serious crime prevention orders== These provisions came into force on 6 April 2008.〔 Section 1 allows the High Court of Justice in England and Wales, and the High Court in Northern Ireland to make serious crime prevention orders containing prohibitions, restrictions, requirements and other terms where: *It is satisfied that a person has been involved in serious crime, whether in England and Wales, or Northern Ireland or elsewhere; and *It has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales, or Northern Ireland. The burden of proof of these issues is on the person applying for the order on the balance of probabilities (ss. 35–36). Orders can only be imposed on individuals aged 18 or over (s.6) and only at the instigation of the Director of Public Prosecutions, Director of Revenue and Customs Prosecutions, Director of the Serious Fraud Office, or Director of Public Prosecutions for Northern Ireland (s.8). Orders must be of specified duration, not exceeding five years (s.14) A serious crime prevention order is a new kind of civil injunction, breach of which is a crime,〔, para. 14〕 punishable on summary conviction in the Magistrates' Court by up to six months' imprisonment and a fine of up to level 5 on the standard scale. If convicted on indictment in the Crown Court, a person can be imprisoned for up to five years and given an unlimited fine (s. 25). The court also has powers of forfeiture (s. 26) and liquidation of a corporation (ss. 27–29). A person has been involved in serious crime if he has (s. 2): *Committed a serious offence; *Facilitated the commission by another person of a serious offence; or *Conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence, whether or not such an offence was committed. An order imposed on an individual, including a partner, can include requirements as to, but not limited to (s.5(3)): *Financial, property or business dealings or holdings; *Working arrangements; *Means by which an individual communicates or associates with others, or the persons with whom he communicates or associates; *Premises to which an individual has access; *Use of any premises or item by an individual; *Travel, whether within the United Kingdom, between the United Kingdom and other places or otherwise. An order imposed on a body corporate, partnership or unincorporated association can include requirements as to, but not limited to (s.5(4)): *Financial, property or business dealings or holdings; *Types of agreements to which such persons may be a party; *Provision of goods or services; *Premises to which such persons have access; *Use of any premises or item by such persons; *Employment of staff. An individual or organisation can be required to answer questions, or provide information or documents, at a time, within a period or at a frequency, and place, in a manner and form specified to a law enforcement officer](s.5(5)). A person cannot be ordered to give oral information (s.11) nor information in breach of legal professional privilege (s.12). 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Serious Crime Act 2007」の詳細全文を読む スポンサード リンク
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