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(6) In a case of a person who falls within subsection (2)(b) or (c) the court may—

(a) take into account the extent and nature of the assistance given or offered;

(b) substitute for the sentence to which the referral relates such lesser sentence as it thinks appropriate.

(7) Any part of the sentence to which the referral relates which the person has already served must be taken into account in determining when a greater or lesser sentence imposed by subsection (5) or (6) has been served.

(8) A person in respect of whom a reference is made under this section and the specified prosecutor may with the leave of the Court of Appeal appeal to the Court of Appeal against the decision of the Crown Court.

(9) Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limitation on appeal from the criminal division of the Court of Appeal) does not prevent an appeal to the Supreme Court under this section.

(10) A discounted sentence is a sentence passed in pursuance of section 73 or subsection (6) above.

(11) References—

(a) to a written agreement are to an agreement made in writing with a specified prosecutor;

(b) to a specified prosecutor must be construed in accordance with section 71.

(12) In relation to any proceedings under this section, the Secretary of State may make an order containing provision corresponding to any provision in—

(a) the Criminal Appeal Act 1968 (subject to any specified modifications), or

(b) the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (subject to any specified modifications).

(13) A person does not fall within subsection (2) if—

(a) he was convicted of an offence for which the sentence is fixed by law, and

(b) he did not plead guilty to the offence for which he was sentenced.

(14) Section 174(1)(a) or 270 of the Criminal Justice Act 2003 (c. 44) (as the case may be) applies to a sentence substituted under subsection (5) above unless the court thinks that it is not in the public interest to disclose that the person falls within subsection (2)(a) above.

(15) Subsections (3) to (9) of section 73 apply for the purposes of this section as they apply for the purposes of that section and any reference in those subsections to subsection (2) of that section must be construed as a reference to subsection (6) of this section.

75 Proceedings under section 74: exclusion of public

(1) This section applies to—

(a) any proceedings relating to a reference made under section 74(3), and

(b) any other proceedings arising in consequence of such proceedings.

(2) The court in which the proceedings will be or are being heard may make such order as it thinks appropriate—

(a) to exclude from the proceedings any person who does not fall within subsection (4);

(b) to give such directions as it thinks appropriate prohibiting the publication of any matter relating to the proceedings (including the fact that the reference has been made).

(3) An order under subsection (2) may be made only to the extent that the court thinks—

(a) that it is necessary to do so to protect the safety of any person, and

(b) that it is in the interests of justice.

(4) The following persons fall within this subsection—

(a) a member or officer of the court;

(b) a party to the proceedings;

(c) counsel or a solicitor for a party to the proceedings;

(d) a person otherwise directly concerned with the proceedings.

(5) This section does not affect any other power which the court has by virtue of any rule of law or other enactment—

(a) to exclude any person from proceedings, or

(b) to restrict the publication of any matter relating to proceedings.

Chapter 3 Financial reporting orders

76 Financial reporting orders: making

(1) A court sentencing or otherwise dealing with a person convicted of an offence mentioned in subsection (3) may also make a financial reporting order in respect of him.

(2) But it may do so only if it is satisfied that the risk of the person’s committing another offence mentioned in subsection (3) is sufficiently high to justify the making of a financial reporting order.

(3) The offences are—

(a) an offence under any of the following provisions of the Theft Act 1968 (c. 60)—

  • section 15 (obtaining property by deception),

  • section 15A (obtaining a money transfer by deception),

  • section 16 (obtaining a pecuniary advantage by deception),

  • section 20(2) (procuring execution of valuable security, etc.),

(b) an offence under either of the following provisions of the Theft Act 1978 (c. 31)—

  • section 1 (obtaining services by deception),

  • section 2 (evasion of liability by deception),

(c) any offence specified in Schedule 2 to the Proceeds of Crime Act 2002 (c. 29) (“lifestyle offences”).

(4) The Secretary of State may by order amend subsection (3) so as to remove an offence from it or add an offence to it.

(5) A financial reporting order—

(a) comes into force when it is made, and

(b) has effect for the period specified in the order, beginning with the date on which it is made.

(6) If the order is made by a magistrates' court, the period referred to in subsection (5)(b) must not exceed 5 years.

(7) Otherwise, that period must not exceed—

(a) if the person is sentenced to imprisonment for life, 20 years,

(b) otherwise, 15 years.

77 Financial reporting orders: making in Scotland

(1) A court sentencing or otherwise dealing with a person convicted of an offence mentioned in subsection (3) may also make a financial reporting order in respect of him.

(2) But he or it may do so only if satisfied that the risk of the person’s committing another offence mentioned in subsection (3) is sufficiently high to justify the making of a financial reporting order.

(3) The offences are—

(a) at common law, the offence of fraud,

(b) any offence specified in Schedule 4 to the Proceeds of Crime Act 2002 (c. 29) (“lifestyle offences”: Scotland).

(4) The Scottish Ministers may by order amend subsection (3) so as to remove an offence from it or add an offence to it.

(5) A financial reporting order—

(a) comes into force when it is made, and

(b) has effect for the period specified in the order, beginning with the date on which it is made.

(6) If the order is made by the sheriff, the period referred to in subsection (5)(b) must not exceed 5 years.

(7) If the order is made by the High Court of Justiciary, that period must not exceed—

(a) if the person is sentenced to imprisonment for life, 20 years,

(b) otherwise, 15 years.

78 Financial reporting orders: making in Northern Ireland

(1) A court sentencing or otherwise dealing with a person convicted of an offence mentioned in subsection (3) may also make a financial reporting order in respect of him.

(2) But the court may do so only if it is satisfied that the risk of the person’s committing another offence mentioned in subsection (3) is sufficiently high to justify the making of a financial reporting order.

(3) The offences are—

(a) an offence under any of the following provisions of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))—

  • section 15 (obtaining property by deception),

  • section 15A (obtaining a money transfer by deception),

  • section 16 (obtaining a pecuniary advantage by deception),

  • section 19(2) (procuring execution of valuable security, etc.),

(b) an offence under either of the following provisions of the Theft (Northern Ireland) Order 1978 (S.I. 1978/1407 (N.I. 23))—

  • Article 3 (obtaining services by deception),

  • Article 4 (evasion of liability by deception),

(c) any offence specified in Schedule 5 to the Proceeds of Crime Act 2002 (“lifestyle offences”: Northern Ireland).

(4) A financial reporting order—

(a) comes into force when it is made, and

(b) has effect for the period specified in the order, beginning with the date on which it is made.

(5) If the order is made by a magistrates' court, or by the county court on appeal, the period referred to in subsection (4)(b) must not exceed 5 years.

(6) Otherwise, that period must not exceed—

(a) if the person is sentenced to imprisonment for life, 20 years,

(b) otherwise, 15 years.

79 Financial reporting orders: effect

(1) A person in relation to whom a financial reporting order has effect must do the following.

(2) He must make a report, in respect of—

(a) the period of a specified length beginning with the date on which the order comes into force, and

(b) subsequent periods of specified lengths, each period beginning immediately after the end of the previous one.

(3) He must set out in each report, in the specified manner, such particulars of his financial affairs relating to the period in question as may be specified.

(4) He must include any specified documents with each report.

(5) He must make each report within the specified number of days after the end of the period in question.

(6) He must make each report to the specified person.

(7) Rules of court may provide for the maximum length of the periods which may be specified under subsection (2).

(8) In this section, “specified” means specified by the court in the order.

(9) In Scotland the specified person must be selected by the court from a list set out in an order made for the purposes of this section by the Scottish Ministers.

(10) A person who without reasonable excuse includes false or misleading information in a report, or otherwise fails to comply with any requirement of this section, is guilty of an offence and is liable on summary conviction to—

(a) imprisonment for a term not exceeding—

(i) in England and Wales, 51 weeks,

(ii) in Scotland, 12 months,

(iii) in Northern Ireland, 6 months, or

(b) a fine not exceeding level 5 on the standard scale,

or to both.

80 Financial reporting orders: variation and revocation

(1) An application for variation or revocation of a financial reporting order may be made by—

(a) the person in respect of whom it has been made,

(b) the person to whom reports are to be made under it (see section 79(6)).

(2) The application must be made to the court which made the order.

(3) But if the order was made on appeal, the application must be made to the court which originally sentenced the person in respect of whom the order was made.

(4) If (in either case) that court was a magistrates' court, the application may be made to any magistrates' court acting in the same local justice area (or in Northern Ireland for the same county court division) as that court.

(5) Subsections (3) and (4) do not apply to Scotland.

81 Financial reporting orders: verification and disclosure

(1) In this section, “the specified person” means the person to whom reports under a financial reporting order are to be made.

(2) The specified person may, for the purpose of doing either of the things mentioned in subsection (4), disclose a report to any person who he reasonably believes may be able to contribute to doing either of those things.

(3) Any other person may disclose information to—

(a) the specified person, or

(b) a person to whom the specified person has disclosed a report,

for the purpose of contributing to doing either of the things mentioned in subsection (4).

(4) The things mentioned in subsections (2) and (3) are—

(a) checking the accuracy of the report or of any other report made pursuant to the same order,

(b) discovering the true position.

(5) The specified person may also disclose a report for the purposes of—

(a) the prevention, detection, investigation or prosecution of criminal offences, whether in the United Kingdom or elsewhere,

(b) the prevention, detection or investigation of conduct for which penalties other than criminal penalties are provided under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom.

(6) A disclosure under this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(7) But nothing in this section authorises a disclosure, in contravention of any provisions of the Data Protection Act 1998 (c. 29), of personal data which are not exempt from those provisions.

(8) In this section, references to a report include any of its contents, any document included with the report, or any of the contents of such a document.

Chapter 4 Protection of witnesses and other persons

82 Protection of persons involved in investigations or proceedings

(1) A protection provider may make such arrangements as he considers appropriate for the purpose of protecting a person of a description specified in Schedule 5 if—

(a) the protection provider considers that the person’s safety is at risk by virtue of his being a person of a description so specified, and

(b) the person is ordinarily resident in the United Kingdom.

(2) A protection provider may vary or cancel any arrangements made by him under subsection (1) if he considers it appropriate to do so.

(3) If a protection provider makes arrangements under subsection (1) or cancels arrangements made under that subsection, he must record that he has done so.

(4) In determining whether to make arrangements under subsection (1), or to vary or cancel arrangements made under that subsection, a protection provider must, in particular, have regard to—

(a) the nature and extent of the risk to the person’s safety,

(b) the cost of the arrangements,

(c) the likelihood that the person, and any person associated with him, will be able to adjust to any change in their circumstances which may arise from the making of the arrangements or from their variation or cancellation (as the case may be), and

(d) if the person is or might be a witness in legal proceedings (whether or not in the United Kingdom), the nature of the proceedings and the importance of his being a witness in those proceedings.

(5) A protection provider is—

(a) a chief officer of a police force in England and Wales;

(b) a chief constable of a police force in Scotland;

(c) the Chief Constable of the Police Service of Northern Ireland;

(d) the Director General of SOCA;

(e) any of the Commissioners for Her Majesty’s Revenue and Customs;

(f) the Director of the Scottish Drug Enforcement Agency;

(g) a person designated by a person mentioned in any of the preceding paragraphs to exercise his functions under this section.

(6) The Secretary of State may, after consulting the Scottish Ministers, by order amend Schedule 5 so as to add, modify or omit any entry.

(7) Nothing in this section affects any power which a person has (otherwise than by virtue of this section) to make arrangements for the protection of another person.

83 Joint arrangements

(1) Arrangements may be made under section 82(1) by two or more protection providers acting jointly.

(2) If arrangements are made jointly by virtue of subsection (1), any powers conferred on a protection provider by this Chapter are exercisable in relation to the arrangements by—

(a) all of the protection providers acting together, or

(b) one of the protection providers, or some of the protection providers acting together, with the agreement of the others.

(3) Nothing in this section or in section 84 affects any power which a protection provider has to request or obtain assistance from another protection provider.

84 Transfer of responsibility to other protection provider

(1) A protection provider who makes arrangements under section 82(1) may agree with another protection provider that, as from a date specified in the agreement—

(a) the protection provider will cease to discharge any responsibilities which he has in relation to the arrangements, and

(b) the other protection provider will discharge those responsibilities instead.

(2) Any such agreement may include provision for the making of payments in respect of any costs incurred or likely to be incurred in consequence of the agreement.

(3) If an agreement is made under subsection (1), any powers conferred on a protection provider by this Chapter (including the power conferred by subsection (1)) are, as from the date specified in the agreement, exercisable by the other protection provider as if he had made the arrangements under section 82(1).

(4) Each protection provider who makes an agreement under subsection (1) must record that he has done so.

85 Duty to assist protection providers

(1) This section applies if a protection provider requests assistance from a public authority in connection with the making of arrangements under section 82(1) or the implementation, variation or cancellation of such arrangements.

(2) The public authority must take reasonable steps to provide the assistance requested.

(3) “Public authority” includes any person certain of whose functions are of a public nature but does not include—

(a) a court or tribunal,

(b) either House of Parliament or a person exercising functions in connection with proceedings in Parliament, or

(c) the Scottish Parliament or a person exercising functions in connection with proceedings in the Scottish Parliament.

86 Offence of disclosing information about protection arrangements

(1) A person commits an offence if—

(a) he discloses information which relates to the making of arrangements under section 82(1) or to the implementation, variation or cancellation of such arrangements, and

(b) he knows or suspects that the information relates to the making of such arrangements or to their implementation, variation or cancellation.

(2) A person who commits an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;

(b) on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both.

(3) In the application of this section to Scotland or Northern Ireland, the reference in subsection (2)(b) to 12 months is to be read as a reference to 6 months.

87 Defences to liability under section 86

(1) A person (P) is not guilty of an offence under section 86 if—

(a) at the time when P disclosed the information, he was or had been a protected person,

(b) the information related only to arrangements made for the protection of P or for the protection of P and a person associated with him, and

(c) at the time when P disclosed the information, it was not likely that its disclosure would endanger the safety of any person.

(2) A person (D) is not guilty of an offence under section 86 if—

(a) D disclosed the information with the agreement of a person (P) who, at the time the information was disclosed, was or had been a protected person,

(b) the information related only to arrangements made for the protection of P or for the protection of P and a person associated with him, and

(c) at the time when D disclosed the information, it was not likely that its disclosure would endanger the safety of any person.

(3) A person is not guilty of an offence under section 86 if he disclosed the information for the purposes of safeguarding national security or for the purposes of the prevention, detection or investigation of crime.

(4) A person is not guilty of an offence under section 86 if—

(a) at the time when he disclosed the information, he was a protection provider or involved in the making of arrangements under section 82(1) or in the implementation, variation or cancellation of such arrangements, and

(b) he disclosed the information for the purposes of the making, implementation, variation or cancellation of such arrangements.

(5) The Secretary of State may by order make provision prescribing circumstances in which a person who discloses information as mentioned in section 86(1) is not guilty in England and Wales or in Northern Ireland of an offence under that section.

(6) The Scottish Ministers may by order make provision prescribing circumstances in which a person who discloses information as mentioned in section 86(1) is not guilty in Scotland of an offence under that section.

(7) If sufficient evidence is adduced to raise an issue with respect to a defence under or by virtue of this section, the court or jury must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

88 Offences of disclosing information relating to persons assuming new identity

(1) A person (P) commits an offence if—

(a) P is or has been a protected person,

(b) P assumed a new identity in pursuance of arrangements made under section 82(1),

(c) P discloses information which indicates that he assumed, or might have assumed, a new identity, and

(d) P knows or suspects that the information disclosed by him indicates that he assumed, or might have assumed, a new identity.

(2) A person (D) commits an offence if—

(a) D discloses information which relates to a person (P) who is or has been a protected person,

(b) P assumed a new identity in pursuance of arrangements made under section 82(1),

(c) the information disclosed by D indicates that P assumed, or might have assumed, a new identity, and

(d) D knows or suspects—

(i) that P is or has been a protected person, and

(ii) that the information disclosed by D indicates that P assumed, or might have assumed, a new identity.

(3) A person who commits an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;

(b) on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both.

(4) In the application of this section to Scotland or Northern Ireland, the reference in subsection (3)(b) to 12 months is to be read as a reference to 6 months.

89 Defences to liability under section 88

(1) P is not guilty of an offence under section 88(1) if, at the time when he disclosed the information, it was not likely that its disclosure would endanger the safety of any person.

(2) D is not guilty of an offence under section 88(2) if—

(a) D disclosed the information with the agreement of P, and

(b) at the time when D disclosed the information, it was not likely that its disclosure would endanger the safety of any person.

(3) D is not guilty of an offence under section 88(2) if he disclosed the information for the purposes of safeguarding national security or for the purposes of the prevention, detection or investigation of crime.

(4) D is not guilty of an offence under section 88(2) if—

(a) at the time when he disclosed the information, he was a protection provider or involved in the making of arrangements under section 82(1) or in the implementation, variation or cancellation of such arrangements, and

(b) he disclosed the information for the purposes of the making, implementation, variation or cancellation of such arrangements.

(5) The Secretary of State may by order make provision prescribing circumstances in which a person who discloses information as mentioned in subsection (1) or (2) of section 88 is not guilty in England and Wales or in Northern Ireland of an offence under that subsection.

(6) The Scottish Ministers may by order make provision prescribing circumstances in which a person who discloses information as mentioned in subsection (1) or (2) of section 88 is not guilty in Scotland of an offence under that subsection.

(7) If sufficient evidence is adduced to raise an issue with respect to a defence under or by virtue of this section, the court or jury must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

90 Protection from liability

(1) This section applies if—

(a) arrangements are made for the protection of a person under section 82(1), and

(b) the protected person assumes a new identity in pursuance of the arrangements.

(2) No proceedings (whether civil or criminal) may be brought against a person to whom this section applies in respect of the making by him of a false or misleading representation if the representation—

(a) relates to the protected person, and

(b) is made solely for the purpose of ensuring that the arrangements made for him to assume a new identity are, or continue to be, effective.

(3) The persons to whom this section applies are—

(a) the protected person;

(b) a person who is associated with the protected person;

(c) a protection provider;

(d) a person involved in the making of arrangements under section 82(1) or in the implementation, variation or cancellation of such arrangements.

91 Transitional provision

(1) This section applies to arrangements which were, at any time before the commencement of section 82, made by a protection provider, or any person acting with his authority, for the purpose of protecting a person of a description specified in Schedule 5.

(2) If the following three conditions are satisfied, the arrangements are to be treated as having been made by the protection provider under section 82(1).

(3) The first condition is that the protection provider could have made the arrangements under section 82(1) had it been in force at the time when the arrangements were made.

(4) The second condition is that the arrangements were in operation immediately before the commencement of section 82.

(5) The third condition is that the protection provider determines that it is appropriate to treat the arrangements as having been made under section 82(1).

(6) A determination under subsection (5) may be made at any time before the end of the period of six months beginning with the day on which section 82 comes into force.

(7) A protection provider must make a record of a determination under subsection (5).