WHEN CAN THE COURT MAKE SCPO?
- A Serious Crime Prevention Order is a civil order which the Crown Court can make if you are convicted of a ‘serious offence’.
- A ‘serious offence is one of the offences listed in Schedule 1, Part 1 of the Serious Crime Act 2007. It includes offences such as drug trafficking and importation, people trafficking, arms trafficking, prostitution and child sex offences, armed robbery, bribery, computer misuse offences and environment offences.
- The Court can also make an order if you are convicted of a ‘serious offence’ which is not included in the list if the court considers the offence to be sufficiently serious to be so treated as a serious offence.
WHAT ARE THE GROUNDS FOR MAKING AN ORDER?
- The test is whether there are reasonable grounds to believe that the order would prevent, restrict or disrupt the offender’s involvement in serious crime.
- The court must find that there is real or significant risk, not just a possibility, that you will commit further serious offences.
WHAT WOULD THE TERMS OF A SCPO BE?
- An order may contain any prohibitions, restrictions or requirements which the court considers appropriate but can be wide ranging and restrictive such as limiting your ownership of electronic devises or may require you to notify the Police of any property you own or rent or any vehicles you possess or control.
HOW LONG DOES A SCPO LAST?
- A SCPO lasts no more than 5 years from when it comes into force and if you are sent to prison it could start when you are released.
WHAT HAPPENS IF I BREACH A SCPO?
- If you fail to comply with a SCPO you will be guilty of a criminal offence. You could be sent to prison for up to 5 years.
HOW CAN EMERY JOHNSON ASTILLS HELP?
Our team at Emery Johnson Astills specialise in Criminal Defence we are specialists in representing clients investigated and charged with Serious Criminal Offences.
We can advise you on the likelihood of the Police applying for a SCPO and what we can do to oppose or limit the terms of any SCPO.
For further information and advice in relation to serious criminal offences please contact the Criminal Defence team in Leicester on 0116 2554855, or in Loughborough on 01509 610312.
With offices in Leicester and Loughborough you can contact your nearest office and speak to one of our lawyers.
We are also able to advise and assist you during any investigation and interview for a serious criminal offence.
For more information on the members of the Crime Team at Emery Johnson Astills please visit our people page.