Question to the Home Office:

To ask the Secretary of State for the Home Department, what recent assessment she has made of the adequacy of Serious Crime Prevention Orders.

Answered by Dan Jarvis - Minister of State (Home Office)

Serious Crime Prevention Orders are a powerful tool for preventing and disrupting the activities of the highest-harm criminals involved in serious crime. However, the orders are not currently being used to maximum effect. Between 2011 and 2021, only two applications were made to the High Court for an SCPO in the absence of a conviction, of which only one was successful, compared to a total of 1,057 SCPOs being made in the Crown Court on conviction in the same period. This is significantly lower than Parliament anticipated when it introduced SCPOs in the Serious Crime Act 2007.

As announced on 2^nd January, the Government is seeking to improve the SCPO regime by introducing new interim SCPOs. Currently, securing an SCPO on suspects, including people smugglers, can be a complex and lengthy process. Interim orders will speed up the process for placing restrictions on people under investigation so as to prevent, deter and disrupt serious and organised crime, including people smuggling. These new interim orders will allow the National Crime Agency, the police and other law enforcement agencies to apply directly to the High Court to impose immediate restrictions whilst a full order is considered. The Government will bring forward further measures to improve the functioning of SCPOs in due course.

These figures are experimental, based on HMCTS management information and are not equivalent to official statistics published by the Ministry of Justice.

The Explanatory Notes to the 2007 Act state that “the main route for making an order will be an application to the High Court”. In addition, at Lords Committee Stage of the Serious Crime Bill, Baroness Scotland of Asthal stated that operational partners had indicated that there may be 25 or 30 such orders – see Hansard, Volume 690, 7 March 2007: https://hansard.parliament.uk/Lords/2007-03-07/debates/07030790000002/SeriousCrimeBill(HL)

Found: In addition, at Lords Committee Stage of the Serious Crime Bill, Baroness Scotland of Asthal stated

Found: In addition, at Lords Committee Stage of the Serious Crime Bill, Baroness Scotland of Asthal stated

Found: In addition, at Lords Committee Stage of the Serious Crime Bill, Baroness Scotland of Asthal stated

Found: In addition, at Lords Committee Stage of the Serious Crime Bill, Baroness Scotland of Asthal stated that

Found: In addition, at Lords Committee Stage of the Serious Crime Bill, Baroness Scotland of Asthal stated

Found: necessary ‘illocutionary force’ absent intention. 373 Hansard (HL) 5.12.05 col 435, Baroness Scotland of Asthal

Found: necessary ‘illocutionary force’ absent intention. 373 Hansard (HL) 5.12.05 col 435, Baroness Scotland of Asthal

Found: In addition, at Lords Committee Stage of the Serious Crime Bill, Baroness Scotland of Asthal stated

Found: In addition, at Lords Committee Stage of the Serious Crime Bill, Baroness Scotland of Asthal stated that