Serious crime prevention orders

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Serious crime prevention orders
  • Applications to the High Court
  • Applications to the Crown Court
  • Provisions of the order
  • Procedure for applying for a serious crime prevention order
  • Variation, revocation or appeal
  • Breach of a SCPO

Serious crime prevention orders

Serious crime prevention orders (SCPOs) were created by Part 1 of the Serious Crime Act 2007 (SCA 2007) and are civil orders used against those involved in serious crime including fraud, money laundering and failure to prevent the facilitation of tax evasion. A SCPO is used to protect the public by preventing, restricting or disrupting a person's involvement in serious crime through the imposition of conditions on a person's activities such as who they can associate with, where they can travel to, or placing an obligation to report their financial affairs to the police.

SCPOs can be made against an individual, a body corporate, a partnership or an unincorporated association.

Applications for a SCPO can be made in the High Court or by Crown Court following conviction. Most SCPOs are made in the Crown Court.

The Director of Public Prosecutions (DPP) and the Director of the Serious Fraud Office (SFO) have the ability to make applications for SCPOs. However, under the terms of a Memorandum of Understanding with the Food Standards Agency, Insolvency Service, Financial Conduct Authority, Competition and Markets Authority, Environment Agency and Natural Resources Wales, the Crown Prosecution Service (CPS) can apply for SCPOs on behalf of these prosecuting authorities (the MOU). The MOU also includes the precedent forms to be completed.

Applications to the High Court

An application for a SCPO can be

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