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Serious Organised Crime and Police Act 2005 SCHEDULE 5 — Persons specified for the purposes of section 82

1–2830 provisions

1

A person who is or might be, or who has been, a witness in legal proceedings (whether or not in the United Kingdom).

2

A person who has complied with a disclosure notice given to him by virtue of section 62(1).

3

(1) A person who has been given an immunity notice under section 71(1) if the notice continues to have effect in relation to him. (2) A person who has been given a restricted use undertaking under section 72(1) if the undertaking continues to have effect in relation to him.

4

A person who is or has been a member of a jury.

5

A person who holds or has held judicial office (whether or not in the United Kingdom).

6

A person who is or has been a justice of the peace or who holds or has held a position comparable to that of a justice of the peace in a place outside the United Kingdom.

7

A person who is or has been a member of an international tribunal which has jurisdiction in criminal matters.

8

A person who conducts or has conducted criminal prosecutions (whether or not in the United Kingdom).

9

(1) A person who is or has been the Director of Public Prosecutions for England and Wales. (2) A person who is or has been a member of staff of the Crown Prosecution Service for England and Wales.

10

(1) A person who is or has been the Director or deputy Director of Public Prosecutions for Northern Ireland. (2) A person who is or has been a person appointed under Article 4(3) of the Prosecution of Offences (Northern Ireland) Order 1972 ( S.I. 1972/538 (N.I.1)) to assist the Director of Public Prosecutions for Northern Ireland.

11

A person who is or has been under the direction and control of the Lord Advocate in the Lord Advocate's capacity as head of the systems of criminal prosecution and investigation of deaths in Scotland.

12

(1) A person who ... has been the Director of Revenue and Customs Prosecutions. (2) A person who ... has been a member of staff of the Revenue and Customs Prosecutions Office.

13

A person who is or has been a constable.

14

A person who is or has been designated under— (a) section 38(1) of the Police Reform Act 2002 (c. 30) (police powers for civilian staff ); (b) section 30(1) of the Police (Northern Ireland) Act 2003 (c. 6) (police powers for designated police support staff).

15

A person who is a police custody and security officer (as defined by section 99(1) of the Police and Fire Reform (Scotland) Act 2012) .

16

A person who— (a) is or has been an officer of Revenue and Customs; (b) is or has been a member of staff of Her Majesty's Customs and Excise.

17

A person who is or has been a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 (c. 77).

17A

A person who is or has been a National Crime Agency officer.

18

A person who is or has been a member of staff of SOCA.

19

(1) A person who is or has been the Director General of the National Criminal Intelligence Service or the Director General of the National Crime Squad. (2) A person who is or has been under the direction and control of the Director General of the National Criminal Intelligence Service or the Director General of the National Crime Squad.

20

(1) A person who ... has been the Director of the organisation known as the Scottish Drug Enforcement Agency and established under section 36(1)(a)(ii) of the Police (Scotland) Act 1967 (c. 77), that is to say a person who was engaged on central service (as defined by section 38(5) of that Act) and was appointed by the Scottish Ministers to exercise control in relation to the activities carried out in exercise of that organisation's functions . (2) A person who ... has been under the direction and control of the Director of the Scottish Drug Enforcement Agency.

20A

(1) A person who ... has been the Director General of the Scottish Crime and Drug Enforcement Agency. (2) A person who ... has been under the direction and control of the Director General of the Scottish Crime and Drug Enforcement Agency.

21

(1) A person who ... has been the Director of the Assets Recovery Agency. (2) A person who ... has been a member of staff of the Assets Recovery Agency or a person with whom the Director of that Agency has made arrangements for the provision of services under section 1(4) of the Proceeds of Crime Act 2002 (c. 29).

22

(1) A person who is or has been the head of the Civil Recovery Unit, that is to say of the organisation known by that name which acts on behalf of the Scottish Ministers in proceedings under Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc. of unlawful conduct). (2) A person who is or has been a member of staff of the Civil Recovery Unit.

23

(1) A person who is or has been a person appointed by virtue of section 246(1) of the Proceeds of Crime Act 2002 (c. 29) as an interim receiver. (2) A person who assists or has assisted an interim receiver so appointed in the exercise of such functions as are mentioned in section 247 of that Act.

24

(1) A person who is or has been a person appointed by virtue of section 256(1) of the Proceeds of Crime Act 2002 as an interim administrator. (2) A person who assists or has assisted an interim administrator so appointed in the exercise of such functions as are mentioned in section 257 of that Act.

25

(1) A person who is or has been the head of the Financial Crime Unit, that is to say of the organisation known by that name which, among other activities, acts on behalf of the Lord Advocate in proceedings under Part 3 of the Proceeds of Crime Act 2002 (confiscation: Scotland). (2) A person who is or has been a member of staff of the Financial Crime Unit.

26

A person who is or has been a prison officer.

27

A person who is or has been a covert human intelligence source (within the meaning of section 26(8) of the Regulation of Investigatory Powers Act 2000 (c. 23) or of section 1(7) of the Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)).

28

A person— (a) who is a member of the family of a person specified in any of the preceding paragraphs; (b) who lives or has lived in the same household as a person so specified; (c) who has or has had a close personal relationship with a person so specified.

Back to Serious Organised Crime and Police Act 2005 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

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