Home / Services / Criminal Law / Serious Crime Prevention Orders

Serious Crime Prevention Orders

Serious Crime Prevention Orders (SCPOs) are legal measures introduced under the Serious Crime Act 2007 to combat serious organised crime. These orders are civil and aim to disrupt and deter criminal activities.

Serious Crime Prevention Orders grant authorities the power to impose restrictions on individuals involved in or suspected of serious criminal offences, even without a criminal conviction. These restrictions can include limitations on movement, finances, and associations.

Violating a Serious Crime Prevention Order can result in severe penalties, including imprisonment.

Our team of expert solicitors specialising in Serious Crime Prevention Orders can assist you with such matters, including:

Drug trafficking
Slavery
People trafficking
Firearms offences
Armed robbery
Money laundering
Fraud
Offences in relation to public revenue
Bribery
Counterfeiting
Blackmail
Computer misuse

We specialise in representing clients being investigated and charged with serious criminal offences. We can help you understand the likelihood of the police seeking a Serious Crime Prevention Order and how we can challenge you being made subject to one.

Contact us today in London (West Drayton) on 01895 449288 or in Hertfordshire (St Albans) on 01727 840900 or email us at info@wellsburcombe.co.uk.

Our Serious Crime Prevention Order expertise

Our Serious Crime Prevention Order solicitors can assist individuals who have been placed under restrictions after being convicted of a serious offence. This includes crimes such as:

Drug trafficking
Slavery
People trafficking
Firearms offences
Armed robbery
Money laundering
Fraud
Offences in relation to public revenue
Bribery
Counterfeiting
Blackmail
Computer misuse

The restrictions that the Serious Crime Prevention Order imposes will be specific to your circumstances and the crime you were convicted of but may include conditions such as restricting travel, limiting internet access or mobile phone usage or an obligation to report your financial affairs.

Serious Crime Prevention Orders are designed to make it as difficult as possible for offenders to return to a life of crime after release from prison. They have two purposes:

They are designed to be used to protect the public. They can be preventative, restrictive or disruptive, where it is believed by the court that a person or persons are involved in serious crime.
They are further designed to ensure the "lifetime management" of criminals, and they can cover your business dealings, communications and movements once you are released from jail.

If you have been made subject to a Serious Crime Prevention Order, our specialist solicitors can assist with challenging and removing the restrictions that this order may be placing on your life.

We can assist with gathering the necessary evidence that shows a change in your behaviour or circumstances.

We can then support you with applying to the court for a change or removal of the order based on this information.

The court will then consider the evidence provided and decide if a Serious Crime Prevention Order is still proportionate and necessary.

It is advisable to seek legal advice at the earliest opportunity if you are looking to challenge a SCPO.

The process can be complex and the evidence provided must be robust in order for the court to consider removing the order.

Our solicitors will ensure your appeal is properly handled to give you the best chance of success.

Serious Crime Prevention Order FAQs

What is a Serious Crime Prevention Order (SCPO)?

Serious Crime Prevention Orders (SCPOs) are civil orders which are part of the Serious Crime Act (SCA) 2015.

An order can be made by the Crown Court if you are convicted of a serious crime or by the High Court as a standalone application if the person has been involved in a serious crime.

What restrictions can a SCPO include?

A Serious Crime Prevention Order can impose various conditions on a person; for example, limiting or restricting travel, limiting access to the internet or use of a mobile phone, restricting who you can associate with, or placing an obligation to report your financial affairs, including owned or rented property to the police.

They can further require a person to answer questions, provide information or produce documents specified in the SCPO. These restrictions can cover both your business and private life.

How can you be made subject to one?

You can be made subject to a Serious Crime Prevention Order if you have been convicted of a ‘serious offence’.

Serious offences include offences such as people trafficking, drug trafficking, arms trafficking, drug importation, child sex offences, armed robbery, computer misuse offences and bribery.

The full list of serious offences is contained within Schedule 1, Part 1 of the Serious Crime Act 2007. With the addition of clause 13 of the SCA 2015 it now also extends to terrorism offences.

The court can also make an order if you are convicted of an offence outside of the above list if the court considers the offence to be sufficiently serious and it can be treated as a serious offence.

What is the test for making a SCPO?

The court must be satisfied that there are reasonable grounds to believe that if a Serious Crime Prevention Order is made it will prevent, restrict or disrupt your involvement in serious crime and in doing so, would protect the public.

This belief must be a real or significant risk of future criminal behaviour and not just a possibility that you will go on to commit further serious offences when released.

How long can a SCPO be imposed for?

The maximum length is five years and it should state the start date and end date. A further order can be made on similar or different terms and they can run continuously. Failing to comply can result in a term of imprisonment of up to five years, a fine or both.

How long will an SCPO remain on my record?

A Serious Crime Prevention Order is classed as a conviction. It will remain on your record indefinitely and can be mentioned in any further criminal proceedings.

It will then be spent after the length of the order and will not be disclosed on a basic DBS check.

Can a SCPO be changed or removed?

Yes, a Serious Crime Prevention Order can be changed or removed under certain circumstances. The subject of the SCPO can apply to the court for a variation or discharge, and the court will consider whether the changes or removal are justified based on the individual's behaviour and circumstances.

Law enforcement agencies can also apply to vary or discharge a Serious Crime Prevention Order if they believe it is no longer necessary. The court will evaluate each case on its merits to ensure that the order remains proportionate and justifiable.

If you are looking to challenge a SCPO, it is advisable to seek legal representation at the earliest opportunity. The process can be complex, so seeking legal advice or assistance is recommended to ensure your appeal is properly handled and has the best chance of success.

Contact our solicitors specialising in Serious Crime Prevention Orders in West Drayton and St Albans