Serious Crime Act 2015
What this means for your business
- Enforced by
- IPO
- Applies to
- United Kingdom
- On this page
- 8 compliance obligations, 1 practical guide
What you must do
8 compliance obligations under this legislation — 5 can result in imprisonment.
Management duties 1
Return seized substance to its rightful owner or arrange disposal
Unlimited fineIf your business is holding a substance that is no longer authorised to be kept under the Serious Crime Act (for example, after a forfeiture order ends), you must try to give it back to the person who is entitled to it. If you cannot locate that person or returning it is impracticable, you must seek a court order and, failing that, allow a police or customs officer to dispose of it.
Offences and prohibitions 7
Breach a female genital mutilation protection order
5 years imprisonmentIf you (or your organisation) do anything that an FGM protection order forbids, and you have no reasonable excuse, you commit a criminal offence. On conviction you can be sentenced to up to five years’ imprisonment if tried on indictment, or up to 12 months if tried summarily, and you face an unlimited fine. The offence applies to any person, including companies, that are named as respondents in such an order.
Carry out unauthorised computer act causing serious damage
life imprisonmentIf someone carrying out an unauthorised act on a computer knows it is unauthorised and either intends or is reckless about causing serious damage – such as loss of life, injury, disruption to essential services, environmental harm, economic damage or threats to national security – the business can be prosecuted. On conviction in the Crown Court the offence carries an unlimited fine and up to life imprisonment (the maximum penalty).
Obstruct police or customs officer executing a search warrant
Fine up to £1,000If you (or anyone acting on your behalf) block, interfere with or otherwise prevent a police or customs officer from carrying out a search and seizure warrant, without a reasonable excuse, you commit a criminal offence. On conviction in the Magistrates' Court you face a fine of up to £1,000. There is no prison term for this offence.
Participate in organised crime group activities
5 years imprisonmentIf you or anyone acting for your business knowingly takes part in criminal actions of an organised crime group – or helps the group carry out crime – you commit a criminal offence. On conviction in the Crown Court you can be sentenced to up to five years’ imprisonment. No fine is prescribed, but the custodial penalty is severe.
Possess paedophile manual
3 years imprisonmentIf you hold any item that contains advice or guidance on sexually abusing children, you commit a criminal offence unless you can prove a legitimate reason, that you never read or knew about the content, or that it was sent to you without request and you didn’t keep it unreasonably. On conviction you can be sentenced to up to three years’ imprisonment, an unlimited fine, or both.
Publish identifying information of an FGM victim
Unlimited fineIf your newspaper, website, TV programme or any other publication includes material that could lead the public to identify a person alleged to be a victim of female genital mutilation, you commit an offence. The offence covers anyone responsible for publishing – proprietors, editors, broadcasters or senior officers of a company. On conviction you face an unlimited fine (summary offence); no imprisonment is prescribed.
Throw articles into prison without authorisation
2 years imprisonmentIf you or anyone acting for your business throws any object or substance into a prison without proper authorisation, you commit a criminal offence. On conviction you can be sentenced to up to two years in prison and/or an unlimited fine (the maximum penalty depends on whether the case is tried in the Crown Court or the Magistrates’ Court). Defences are limited to a reasonable belief of authorisation or an overriding public interest, but otherwise the risk of prosecution is real.
Penalties for non-compliance
8 penalties under this legislation. 5 can result in imprisonment. 6 carry an unlimited fine.
Breach a female genital mutilation protection order
Unlimited fine and/or 5 years imprisonment
Carry out unauthorised computer act causing serious damage
Unlimited fine and/or life imprisonment
Possess paedophile manual
Unlimited fine and/or 3 years imprisonment
Throw articles into prison without authorisation
Unlimited fine and/or 2 years imprisonment
Participate in organised crime group activities
5 years imprisonment
Return seized substance to its rightful owner or arrange disposal
Unlimited fine
Publish identifying information of an FGM victim
Unlimited fine
Obstruct police or customs officer executing a search warrant
Fine up to £1,000
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
97 classified provisions from this legislation.
Duties 4
Offences and penalties 15
- s.16 Orders for securing compliance with confiscation order
- s.41 Unauthorised acts causing, or creating risk of, serious damage
- s.45 Offence of participating in activities of organised crime group
- s.54 Execution of search and seizure warrants
- s.67 Sexual communication with a child
- s.69 Possession of paedophile manual
- s.71 Anonymity for victims of female genital mutilation
- s.72 Offence of failing to protect girl from risk of genital mutilation
- s.73 Female genital mutilation protection orders
- s.75B Offences under section 75A committed outside the United Kingdom
- s.75A Strangulation or suffocation
- s.76A Offences under section 76 committed outside the United Kingdom
- s.76 Controlling or coercive behaviour in an intimate or family relationship
- s.78 Knives and offensive weapons in prisons
- s.79 Throwing articles into prisons
Powers 10
- s.10 Default sentences
- s.14 Seized money etc
- s.32 Default sentences
- s.55 Seizure of substances under search and seizure warrant
- s.56 Seizure of substances without search and seizure warrant
- s.60 Continued retention or return of seized substances
- s.74 Duty to notify police of female genital mutilation
- s.75 Guidance about female genital mutilation
- s.77 Guidance about investigation of offences under section 76
- s.85 Minor and consequential amendments
Definitions 9
- Schedule 3 Paedophile manuals: providers of information society services Prohibited item The E-Commerce Directive Service provider
- s.15 Restitution order and victim surcharge relevant order
- s.39 External orders and investigations: meaning of “obtaining property”
- s.51 Injunctions to prevent gang-related violence and drug-dealing activity drug-dealing activity
- s.52 Applications for search and seizure warrants police or customs officer
- s.65 Interpretation etc search and seizure warrant unlawful police or customs officer
- s.80A Prevention or restriction of use of communication devices for drug dealing Drug dealing telecommunications restriction order drug dealing offence communication device
- s.80 Prevention or restriction of use of communication devices by prisoners etc Telecommunications restriction order communication device communications provider
- Schedule 2 Execution of search and seizure warrants senior officer
Exemptions 11
- s.1 Determination of extent of defendant's interest in property
- s.9 Absconding defendants
- s.12 Continuation of restraint order after quashed conviction
- s.18 Accused persons unlawfully at large
- s.21 Continuation of restraint order after conviction quashed or verdict set aside
- s.24 Determination of extent of defendant's interest in property
- s.31 Absconding defendants
- s.34 Continuation of restraint order after quashed conviction
- s.50 Serious crime prevention orders and financial reporting etc
- s.58 Containers
- s.64 Compensation