Ancillary Orders Consultation

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

May be made by

The Crown Court

Relevant legislation

Serious Crime Act 2007, part 1 (section 19 - 21)

Availability

Can be made by the Crown Court if the offender has:

• been convicted of a serious offence and
• there are 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.

A serious offence is one which is specified in Part 1 of Schedule 1 or is one which the court considers to be sufficiently serious to be treated for the purposes of the application as if it were so specified.

Content of the order

An order may contain prohibitions, restrictions or requirements and any other terms that the court considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the offender in serious crime in England and Wales.

The SCPO can contain prohibitions, restrictions or requirements. For example the SCPO may include:

Prohibitions, restrictions, or requirements in relation to:

• an individual's financial, property or business dealings or holdings
• an individual's working arrangements
• the means by which an individual communicates or associates with others, or the persons with whom the individual communicates or associates
• the premises to which an individual has access
• the use of any premises or item by an individual
• an individual's travel (whether within the United Kingdom, between the United Kingdom and other places or otherwise)

Requirement(s) to answer questions, or provide information, specified or described in an order:

• at a time, within a period or at a frequency
• at a place
• in a form and manner, and
• to a law enforcement officer or description of law enforcement officer
• notified to the person by a law enforcement officer specified or described in the order

Requirement(s) to produce documents specified or described in an order:

• at a time, within a period or at a frequency
• at a place
• in a manner, and
• to a law enforcement officer or description of law enforcement officer
• notified to the person by a law enforcement officer specified or described in the order.

The order may include prohibitions, restrictions or requirements in relation to an individual's private dwelling (such as where an individual may reside).

Length of the order

The order must specify when it comes into force and when it will end.

The order cannot exceed 5 years.

The order may specify different times for different provisions but must be clear about when each starts and ends.

Effect on earlier orders

Where an offender is already the subject of a serious crime prevention order that existing order must be discharged.

Consequences of breach

Breach of a SCPO is a criminal offence, maximum penalty five years’ custody.