Kangs Solicitors have successfully opposed, on behalf of a client, an application by the National Crime Agency (the ‘NCA’) for a Serious Crime Prevention Order (‘SCPO’).
Frances Murray of Kangs Solicitors outlines the events.
What is a Serious Crime Prevention Order? | Kangs National SCPO Defence Solicitors
The NCA can apply to the Crown Court for a SCPO against an individual after conviction with a view to preventing or deterring the commission of further serious crime under section 19 (2) of the Serious Crime Act 2007.
It is a Civil Order and a breach is punishable by up to five years imprisonment and an unlimited fine.
The restrictions that a SCPO can include are wide-ranging and the Applicant must demonstrate to the Court that they are proportionate, justified and necessary to the circumstances of the case.
The nature of restrictions available includes:
- the manner of communication using devices such as mobile phones
- control of business bank accounts
- the prevention of association with criminal associates
- geographic restrictions on many activities.
The Circumstances | Kangs SCPO Defence Team
This application followed an extensive investigation into the international importation and supply of drugs in London and Essex by the NCA and the Metropolitan Police in March 2016.
How We Assisted Our Client | Kangs National Serious Crime Defence Solicitors
Following detailed and extensive discussions with our client, it was submitted to the court that:
- there were no reasonable grounds to believe a SCPO would protect the public by preventing, restricting or disrupting involvement by our client in serious crime,
- there must be a real or significant risk that our client would commit further serious offences, and not just a bare possibility,
- the risk of our client’s offending in a similar way was neither real nor significant,
- there was no history which would give rise to a real and cogent fear of the commission of serious offences in the future,
- our client had accomplished rehabilitative courses and programmes as preventative measure against future offending.
- the provisions of the SCPO were not commensurate with the purpose of the Order, were overtly restrictive and breached Article 8 of the European Convention on Human Rights (Right to Family and Private Life).
The Successful Outcome | Kangs Criminal Defence Solicitors
Following extensive preparation and robust submissions both in writing and orally from Counsel, Mark Harries of Carmelite Chambers, chosen and instructed in detail by Kangs Solicitors, the Court accepted that a SCPO should not be imposed against our client.
How Can We Help You? | Kangs Serious Crime Team
Who Can I Contact For Help? | Kangs Specialist Criminal Solicitors
If an application has been made against you for an SCPO, we are here to assist you, manage your contact with the prosecuting authorities and advise you on the best way forward.
Our team of Solicitors has a proven track record of assisting many individuals with all manner of financial investigations and can be contacted through any one of the following: