The Serious Crime Act 2015 (c. 9) is an act of the Parliament of the United Kingdom.Serious Crime Bill Gov.uk Home Office Introduced in June 2014 as part of the Queen's Speech opening the 2014-15 session of Parliament, the bill was sponsored by the Home Office. It was passed by Parliament on 2 March 2015, and received royal assent on 3 March 2015.
A bill proceeding the act, that was proposed by Mark Williams, to strengthen child protection laws helped to raise awareness of the shortfalls in existing legislation, which led to a consultation that contributed to Part 5 of the Serious Crime Act 2015.
Other aspects the legislation dealt with included criminalising professionals and businesses that participate in organised crime, and ensuring there is effective legislation to deal with chemicals that are used as 'drug cutting agents'.Impact Assessment - Serious Crime Bill Home Office
The Serious Crime Act 2015 consists of six parts:
Proceeds of crime Computer misuse Organized, serious and gang-related crime Seizure and forfeiture of drug-cutting agents Protection of children and others Miscellaneous and general.
Part 1: Proceeds of crime
This part amended the Proceeds of Crime Act 2002 in determining the extent of a defendant's interest in confiscated property, and amended the procedures surrounding costs and court sentencing. This included amending, defining, or creating regulations on the extent of a defendant's interest in proceeds of crime, the provision of information by third parties, the time-frame and manner of payment, absconding defendants, and connected purposes.
Part 2: Computer misuse
This part amended the Computer Misuse Act 1990 in relation to hacking, creating viruses or Trojan Horses, the deliberate act of creating serious risks to computers or computer systems and amended the territorial extent of computer crimes. This included a new offence of impairing a computer to cause damage, with a 14 years' prison sentence for damage to the economy or environment, in addition to the United Kingdom adopting the EU Directive 2013/40/EU on attacks against information systems.
Part 3: Organised, serious and gang-related crime
This part adopted the ratified UN Convention against Transnational Organised Crime. The new 'participation offence' encompassed not just those who carry out an act of serious crime, but those who provide materials, services or related infrastructure. The legislation extended elements of the Serious Crime Act 2007 to Scotland, and extended the making of a Serious Crime Prevention Order to include firearms offences and the cultivation of cannabis plants.
Part 4: Seizure and forfeiture of drug-cutting agents
This part created and extended the power of search and seizure warrants relevant to investigations into the creation or ownership of substances used to cut drugs.
Part 5: Protection of children, etc.
This part extended the definition of child cruelty to incorporate abuse, neglect or psychological damage, and amended existing legislation relating to paedophile material to include publications that advise on how to commit or facilitate sexual offences against children. It also prohibited intentional communication of a sexual nature with a minor (including encouraging the minor to communicate anything of a sexual nature) for the purpose of obtaining sexual gratification. Existing legislation on female genital mutilation was also amended by this part. This Part amended the Children and Young Persons Act 1933, making it explicit that the suffering of a child can be physical or psychological, and amended the offence of suffocating a child under the age of three. Finally, this part created the offence of "controlling or coercive behavior in an intimate or family relationship".
Part 6: Miscellaneous and general
This part dealt with the preparation or training abroad for terrorist related activities, amendments related to the Treaty on the Functioning of the European Union in relation to serious crime, and consequential amendments. The unauthorised possession of a bladed instrument within a prison is made an explicit offence, amending the Prison Act 1952 (15 & 16 Geo. 6 & 1 Eliz. 2. c. 52) to include prisons, secure training centres and young offender institutions.
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