Key Facts

• The amendment applies to offenders convicted of coercive or controlling behaviour receiving a sentence of 12 months or more.
• There was a 30% increase in the take-up of discretionary management under MAPPA for domestic abuse cases in the last reporting year.
• Other violent offences connected with domestic abuse, such as threats to kill and actual/grievous bodily harm, are already eligible for automatic MAPPA management.
• The Serious Crime Act creating the offence of coercive or controlling behaviour received Royal Assent in February 2015.
• In 2022, 566 people were convicted of coercive control, and it is estimated that around 200 would have been eligible for MAPPA management if sentenced to 12 months or more.
• The government supports the clause and welcomes its implementation as a means to protect victims from further harm.
• Polygraphs have been used by the probation service since January 2014.
• They are 80% to 90% effective in monitoring compliance with licence conditions.
• A pilot for mandatory polygraph testing on domestic abuse perpetrators was enabled under the Domestic Abuse Act.
• Jonathan Hall's comments on polygraphs for released terrorist offenders.
• Polygraph measures were brought in shortly after an incident involving Usman Khan.
• Polygraph conditions are set by the Secretary of State.
• The government injected £155 million extra funding into the probation service annually.
• Over 4,000 new recruits have been added to the probation service since 2021.
• Amendment 37 excludes certain Scottish offences from inserted subsection (4BB).
• Amendments include adding offences under sections 1 and 3 of the Criminal Justice Act 2024 to Schedule 5 of the Proceeds of Crime Act 2002.
• Clause 32 introduces schedule 4 with reforms to POCA.
• The Law Commission published its report in November 2022 with 119 recommendations.
• The reforms aim to prevent criminals from retaining ill-gotten gains and make crime unprofitable.
• The first test is that the first to fifth conditions in section POCA already apply.
• Paragraph 25(2)(a) sets a critical phrase stating there must be 'a real risk' for relevant property being dissipated.
• The court considers various factors, including the nature of the property and the circumstances of the person.
• Clause 33 and schedule 5 will enshrine the power for the Secretary of State to create a suspended accounts scheme.
• Financial institutions have been suspending customer accounts worth approximately £200 million due to suspected criminal activity.
• An additional £30 million is expected to be suspended annually in future.
• The funds would be used to finance projects related to economic crime.
• The scheme aims to govern suspended bank accounts and the funds within them.
• Organisations in the financial sector have been suspending accounts for 15 years based on private law and terms and conditions.
• It is estimated that there are currently £200 million worth of suspended funds, with an expected annual flow of at least £30 million.
• Financial institutions “may” take part in the scheme.
• There is a compensation mechanism for individuals affected by account suspensions.
• The Government anticipates wide industry participation and aims to ensure the scheme remains solvent.
• Clauses 34 to 37 apply to England and Wales only as drafted.
• Amendments extend the application of clauses to Northern Ireland.
• SCPOs are currently underutilised since their introduction in the Serious Crime Act 2007.
• The government has recognised the Bill’s weaknesses by tabling numerous amendments to clause 34.
• Since the 2007 Act was passed, applications to the High Court for SCPOs have been significantly lower than anticipated.
• Clause 34 aims to streamline the process for law enforcement agencies and place restrictions on offenders or suspected offenders to prevent further criminal activity.
• The probation service has recruited an additional 4,000 staff members but is still facing challenges due to high caseloads and staffing shortages.
• In the year to March 2023, 2,098 staff left the probation service, a 10% increase from the previous year.
• The National Crime Agency’s budget increased by 21% between 2021-22 and 2023-24 from £711 million to £860 million.
• Amendments 90-106 address changes to applicants for serious crime prevention orders.
• The Serious Fraud Office, National Crime Agency, HM Revenue and Customs, and Ministry of Defence Police are listed as new applicants.
• The amendments require certain authorities to consult the Director of Public Prosecutions before making applications in Northern Ireland.
• Only two applications were made to the High Court for an SCPO between 2011 and 2021.
• Additional agencies like the National Crime Agency, HMRC, police, British Transport Police, and Ministry of Defence Police will be given powers to apply for SCPOs.
• The CPS evaluates application merits and can intervene if appropriate.
• Notification requirements include personal data such as address, employment details, contact information, and financial information.
• Individuals must notify the police within three days after an order comes into force.
• The Minister and the speaker have interacted over several years.
• This set of measures improves court system efficiency.
• Automatic addition of information will ease future monitoring.
• Amendments clarify jurisdiction for offences under serious crime prevention orders.
• Penalties are specified for summary conviction in both England/Wales and Northern Ireland.
• Definitions and requirements related to user-to-user services and false notifications are introduced.
• Clause 37 amends the Serious Crime Act 2007.
• The Crown court can now impose an SCPO on acquittal or when allowing an appeal if certain tests are met.
• These orders apply to serious crimes such as slavery, drug trafficking, and terrorism.
• Post-legislative review will occur three to five years after Royal Assent.
• SCPOs can be issued immediately at the point of acquittal without a separate High Court application.
• The purpose is to ensure that SCPOs are applied in all cases where they could protect the public.