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Blackstone's Guide to the Serious Organised Crime and Police Act 2005
This new Blackstone's Guide provides the full text of the Serious Organised Crime and Police Act 2005, together with a practical explanation of the legislation. The Act received Royal Assent in the Spring 2005, and comes into force in May 2006. The Serious Organised Crime and Police Act brings
about a radical shake-up of the organizations and powers to fight major crime - most notably by creating the Serious Organised Crime Agency (SOCA). This Guide comprehensively explains the scope and impact of the Act, placing it in the context of what has gone before.
about a radical shake-up of the organizations and powers to fight major crime - most notably by creating the Serious Organised Crime Agency (SOCA). This Guide comprehensively explains the scope and impact of the Act, placing it in the context of what has gone before.
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First published December 8, 2005
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September 20, 2008
THE SERIOUS ORGANISED CRIME AGENCY- IS IT AN FBI FOR THE UK?
The latest Blackstone Guide continues to maintain some of the highest standards with this new addition to the statute series. Rushed through Parliament during the final, frantic pre-election week in April 2005, the Serious Organised Crime and Police Act 2005 (SOCPA) is recognised as one of the key pieces of legislation amongst so many criminal justice statutes of recent years. Some time on, however, the problems confronting the New Labour Government and, in particular the Home Office, seem to be getting worse, not better.
For this reason it is important to recognise that the Act is not just an administrative statute which attempts to restructure law enforcement agencies with its creation of the Series Organised Crime Agency (SOCA). The Agency’s purpose is set out clearly in the Act, establishing “a single powerful agency…that will bring together the National Crime Squad, the National Criminal Intelligence Service, and the investigative and intelligence work of Her Majesty’s Customs and Excise”. Great! By why has it taken so long to do this?
Probably, the answer lies with the need for proper integration within the criminal justice system of all the main organisational players involved. Such reform would give effect to the White Paper “One Step Ahead: A 21st Century Strategy to Defeat Organised Crime” (Cm 6167) by “reducing the profit incentive, disrupting…criminal enterprises, and increasing the risk to the major players of being caught and convicted.” I suspect the issue of administrative ‘territory’ still remains a problem because government departments don’t necessarily speak to each other.
The team of expert barristers from Matrix Chambers have delivered a surprisingly good text here with a concise and accessible commentary covering the latest statute to tinker with criminal justice. As with most of the other guides of the last ten years or so which cover some of the fifty-odd pieces of legislation so far enacted, the Oxford University Press offer expert views by leading practitioners on the effects, extent and scope of this legislation, plus the a copy of the full Act- a book format which is very helpful to the busy practitioner.
OUP rightly claim the guides to be effective solutions to key information needs, being a perfect companion for any practitioner needing to get up to speed with recent changes. Well they would say that, wouldn’t they! But, they are right, and the book fits neatly into the pocket so you can leave the pilot case at chambers.
An important, and not to be overlooked, part of the statute is the ‘police bit’ coming after the two Police Acts in the 1990s. SOCPA overhauls the powers of police officers which had been codified in the Police and Criminal Evidence Act 1984, making important changes to the use of evidence from informers. New public order offences in relation to harassment and protest are introduced as well, together with what you would expect from Matrix Chambers: a comprehensive explanation of civil liberties and human rights implications.
Three key points in this most recent Blackstone Guide are:
• an explanation of the powers and functions of the Serious Organised Crime Agency, bringing together the NCS, the NCIS and part of C & E;
• detailed coverage of important legal changes brought about by the Act, including the introduction of new provisions to deal with informant evidence and the introduction of further public order offences; and
• a clear, logical structure following the way the Act is set out.
The measures outlined in this legislation, with promises of more to follow as the quicksands of criminal justice continue to destroy much previous legislation, will have far-reaching consequences for organised crime (which cannot be underestimated) and serious implications for criminal justice in general.
The authors are rightly critical of the Government when they call for a more careful review of the White Paper saying: “no detailed justification was advanced for the need substantially to increase prosecution powers in one particular area of crime, and that the legislative scrutiny of the Act (is) focused almost exclusively on one provision”.
Whether Tim Owen and his team are correct about the need for a Green Paper rather than a White Paper to explore opinions on the need for special prosecution powers to tackle organised crime will remain to be seen as the new reforms under Dr John Reid emerge.
The team concludes that a Government which was genuinely interested in views concerning a “self-professed desire to tilt the balance the balance away from defendants” does not suggest that an objective assessment of needs was actually carried out. Their remarks must, however, be seen in the light of recent developments with three Home Secretaries, in and out, within eight months, and a criminal justice process subject to intense and somewhat ill-informed media comment which is really summed up when the Act is described as an ‘FBI for the UK’ which SOCPA simply is not, and never will be.
PHILLIP TAYLOR MBE LL.B (Hons) PGCE Barrister-at-Law
Richmond Green Chambers
The latest Blackstone Guide continues to maintain some of the highest standards with this new addition to the statute series. Rushed through Parliament during the final, frantic pre-election week in April 2005, the Serious Organised Crime and Police Act 2005 (SOCPA) is recognised as one of the key pieces of legislation amongst so many criminal justice statutes of recent years. Some time on, however, the problems confronting the New Labour Government and, in particular the Home Office, seem to be getting worse, not better.
For this reason it is important to recognise that the Act is not just an administrative statute which attempts to restructure law enforcement agencies with its creation of the Series Organised Crime Agency (SOCA). The Agency’s purpose is set out clearly in the Act, establishing “a single powerful agency…that will bring together the National Crime Squad, the National Criminal Intelligence Service, and the investigative and intelligence work of Her Majesty’s Customs and Excise”. Great! By why has it taken so long to do this?
Probably, the answer lies with the need for proper integration within the criminal justice system of all the main organisational players involved. Such reform would give effect to the White Paper “One Step Ahead: A 21st Century Strategy to Defeat Organised Crime” (Cm 6167) by “reducing the profit incentive, disrupting…criminal enterprises, and increasing the risk to the major players of being caught and convicted.” I suspect the issue of administrative ‘territory’ still remains a problem because government departments don’t necessarily speak to each other.
The team of expert barristers from Matrix Chambers have delivered a surprisingly good text here with a concise and accessible commentary covering the latest statute to tinker with criminal justice. As with most of the other guides of the last ten years or so which cover some of the fifty-odd pieces of legislation so far enacted, the Oxford University Press offer expert views by leading practitioners on the effects, extent and scope of this legislation, plus the a copy of the full Act- a book format which is very helpful to the busy practitioner.
OUP rightly claim the guides to be effective solutions to key information needs, being a perfect companion for any practitioner needing to get up to speed with recent changes. Well they would say that, wouldn’t they! But, they are right, and the book fits neatly into the pocket so you can leave the pilot case at chambers.
An important, and not to be overlooked, part of the statute is the ‘police bit’ coming after the two Police Acts in the 1990s. SOCPA overhauls the powers of police officers which had been codified in the Police and Criminal Evidence Act 1984, making important changes to the use of evidence from informers. New public order offences in relation to harassment and protest are introduced as well, together with what you would expect from Matrix Chambers: a comprehensive explanation of civil liberties and human rights implications.
Three key points in this most recent Blackstone Guide are:
• an explanation of the powers and functions of the Serious Organised Crime Agency, bringing together the NCS, the NCIS and part of C & E;
• detailed coverage of important legal changes brought about by the Act, including the introduction of new provisions to deal with informant evidence and the introduction of further public order offences; and
• a clear, logical structure following the way the Act is set out.
The measures outlined in this legislation, with promises of more to follow as the quicksands of criminal justice continue to destroy much previous legislation, will have far-reaching consequences for organised crime (which cannot be underestimated) and serious implications for criminal justice in general.
The authors are rightly critical of the Government when they call for a more careful review of the White Paper saying: “no detailed justification was advanced for the need substantially to increase prosecution powers in one particular area of crime, and that the legislative scrutiny of the Act (is) focused almost exclusively on one provision”.
Whether Tim Owen and his team are correct about the need for a Green Paper rather than a White Paper to explore opinions on the need for special prosecution powers to tackle organised crime will remain to be seen as the new reforms under Dr John Reid emerge.
The team concludes that a Government which was genuinely interested in views concerning a “self-professed desire to tilt the balance the balance away from defendants” does not suggest that an objective assessment of needs was actually carried out. Their remarks must, however, be seen in the light of recent developments with three Home Secretaries, in and out, within eight months, and a criminal justice process subject to intense and somewhat ill-informed media comment which is really summed up when the Act is described as an ‘FBI for the UK’ which SOCPA simply is not, and never will be.
PHILLIP TAYLOR MBE LL.B (Hons) PGCE Barrister-at-Law
Richmond Green Chambers
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