Serious Crime Prevention Orders in Scotland

The Scottish Government has launched a consultation on its proposal to introduce Serious Crime Prevention Orders (SCPO) in Scotland.

An SCPO is a civil order which is made in order to disrupt criminal activity. It does so by imposing binding conditions on individuals or organisations, in the hope of preventing them from facilitating serious crime.

SCPOs were introduced in England and Wales by means of The Serious Crime Act 2007, and the Scottish Government wants to extend the operation of that Act to Scotland.

The consultation looks at a number of issues, but its main focus is on the type of conditions that could be attached to an SCPO. These should not be punitive; otherwise they will be classified as a criminal order, and subject to the additional protection of Article 6 of the European Convention of Human Rights. 

It puts forward some examples, including prohibitions or restrictions on, or requirements in relation to: 

• “an individual's financial, property or business dealings or holdings; 
• an individual's working arrangements;
• the means by which an individual communicates or associates with others, or the persons with whom he communicates or associates; and
• the premises to which an individual has access; the use of any premises or item by an individual; or an individual's travel movements. “

Responses are invited from interested parties by 31st October 2013.

Criminal defence and legal advice in Scotland

If you have been charged with a crime and require specialist legal advice contact our criminal defence solicitors based in Glasgow today.