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breach_of_scpo [2017/10/03 11:31]
frescom
breach_of_scpo [2017/10/03 12:26] (current)
frescom
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 Accordingly,​ where the relevant conduct is undertaken in Northern Ireland or Scotland, in addition to activity in England and Wales, then the safest approach is to obtain two separate orders, one from the Courts in England and Wales and one from the Northern Irish or Scottish Courts. This will require early liaison with the Public Prosecution Service for Northern Ireland (PPSNI) or Crown Office and Procurator Fiscal Service to determine whether to make an application to the courts there. Accordingly,​ where the relevant conduct is undertaken in Northern Ireland or Scotland, in addition to activity in England and Wales, then the safest approach is to obtain two separate orders, one from the Courts in England and Wales and one from the Northern Irish or Scottish Courts. This will require early liaison with the Public Prosecution Service for Northern Ireland (PPSNI) or Crown Office and Procurator Fiscal Service to determine whether to make an application to the courts there.
  
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 Terms of orders Terms of orders
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 A template notice of Intention to apply for a Crown Court Serious Crime Prevention Order if the defendant is convicted of a Serious Offence and proposed application can be found at Annex 2. A template notice of Intention to apply for a Crown Court Serious Crime Prevention Order if the defendant is convicted of a Serious Offence and proposed application can be found at Annex 2.
  
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 Bodies against whom orders can be made Bodies against whom orders can be made
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 Section 32 makes almost identical provisions with regard to obtaining a SCPO against an unincorporated association. Any order obtained must be in the name of the association not any of its members, and will continue to be effective for so long as at least one person remains a member from the time the order was made. Service can be on an officer of the association,​ who is defined as any officer of the association or any member of its governing body. Section 32 makes almost identical provisions with regard to obtaining a SCPO against an unincorporated association. Any order obtained must be in the name of the association not any of its members, and will continue to be effective for so long as at least one person remains a member from the time the order was made. Service can be on an officer of the association,​ who is defined as any officer of the association or any member of its governing body.
  
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 Court proceedings Court proceedings
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 Anyone who is likely to be adversely affected to a significant degree has a right to be heard and make representations before the relevant court considering making, varying or discharging a SCPO. An undertaking was given to parliament during the debates on the Bill that the application will contain details of the potential impact of the proposed order upon third parties (Section 9). Anyone who is likely to be adversely affected to a significant degree has a right to be heard and make representations before the relevant court considering making, varying or discharging a SCPO. An undertaking was given to parliament during the debates on the Bill that the application will contain details of the potential impact of the proposed order upon third parties (Section 9).
  
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 Variation Variation
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 In the event that a SCPO is not applied for in the Court Court in error, it is not appropriate to correct this by way of an application to the High Court for a SCPO. In the event that a SCPO is not applied for in the Court Court in error, it is not appropriate to correct this by way of an application to the High Court for a SCPO.
  
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 Discharge Discharge
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 No express provision is required for appeals to the Supreme Court from the Court of Appeal (Civil Division). No express provision is required for appeals to the Supreme Court from the Court of Appeal (Civil Division).
  
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 Breach of an order Breach of an order
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 Section 41 provides for law enforcement officers to take and retain copies of documents produced pursuant to a serious crime prevention order. The documents themselves may be retained for as long as the law enforcement officer considers it necessary to do so. In particular, a document may be retained until the conclusion of 'any legal proceedings'​ if there are reasonable grounds to believe that it may need to be produced for the purposes of the proceedings and that it may be unavailable for that purpose unless retained. Section 41 provides for law enforcement officers to take and retain copies of documents produced pursuant to a serious crime prevention order. The documents themselves may be retained for as long as the law enforcement officer considers it necessary to do so. In particular, a document may be retained until the conclusion of 'any legal proceedings'​ if there are reasonable grounds to believe that it may need to be produced for the purposes of the proceedings and that it may be unavailable for that purpose unless retained.
  
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 CPS delegation CPS delegation
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 Agreed processes for the delegation of the handling of SCPOs in the CPS are explained in Annex 1. Agreed processes for the delegation of the handling of SCPOs in the CPS are explained in Annex 1.
  
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 Mandatory reporting of SCPOs Mandatory reporting of SCPOs
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 Once completed, the CMS templates should be exported from CMS and emailed to National.SCPOmailbox@cps.gsi.gov.uk Once completed, the CMS templates should be exported from CMS and emailed to National.SCPOmailbox@cps.gsi.gov.uk
  
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 Other Prosecuting Authorities Other Prosecuting Authorities
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 The CPS has signed a Memorandum of Understanding (MoU) with a number of other prosecuting authorities,​ to establish the operational process between the agencies to enable the CPS to apply for SCPOs on behalf of other prosecuting authorities. The MoU is available at Annex 4. The CPS has signed a Memorandum of Understanding (MoU) with a number of other prosecuting authorities,​ to establish the operational process between the agencies to enable the CPS to apply for SCPOs on behalf of other prosecuting authorities. The MoU is available at Annex 4.
  
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 Annexes Annexes
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 Annex 4: Memorandum of Understanding between CPS and Other Prosecuting Agencies Annex 4: Memorandum of Understanding between CPS and Other Prosecuting Agencies
  
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breach_of_scpo.txt ยท Last modified: 2017/10/03 12:26 by frescom