Serious Organised Crime and Police Act 2005
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An Act to provide for the establishment and functions of the Serious Organised Crime Agency; to make provision about investigations, prosecutions, offenders and witnesses in criminal proceedings and the protection of persons involved in investigations or proceedings; to provide for the implementation of certain international obligations relating to criminal matters; to amend the Proceeds of Crime Act 2002; to make further provision for combatting crime and disorder, including new provision about powers of arrest and search warrants and about parental compensation orders; to make further provision about the police and policing and persons supporting the police; to make provision for protecting certain organisations from interference with their activities; to make provision about criminal records; to provide for the Private Security Industry Act 2001 to extend to Scotland; and for connected purposes.
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| Citation | 2005 c. 15 |
| Introduced by | David Blunkett, Home Secretary |
| Territorial extent | England and Wales Scotland (partial) Northern Ireland (partial) |
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| Royal assent | 7 April 2005 |
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Status: Current legislation
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The Serious Organized Crime and Police Act 2005 (c.15) (often abbreviated to SOCPA) is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency, it also significantly extended and simplified the powers of arrest of a constable and introduced restrictions on protests in the vicinity of the Palace of Westminster. It was introduced into the House of Commons on 24 November 2004 and was passed by Parliament and given Royal Assent on 7 April 2005.
Measures to introduce a specific offence of "incitement to religious hatred" were included in early drafts of the Act, but then dropped so the bill would pass before the 2005 general election. The offence has since been created as the Racial and Religious Hatred Act 2006.
The Act applies principally to England and Wales but s.179 permits the extent or designates sections applying only to Scotland and/or Northern Ireland; additionally s.179(9) extends the application of four sections (ss.172, 173, 177, 178) beyond the United Kingdom to the Channel Islands and the Isle of Man.
The Act introduced changes to the powers of arrest utilised by both "constables" and "other persons" in England and Wales. The term arrestable offence ceased to have effect as, bar a few preserved exemptions, one power of arrest now applies to all offences when the arrest is made by a constable. Where the threshold of an arrestable offence was previously used to enable specific powers of search or powers to delay certain entitlements, these powers are preserved, but the threshold is changed to that of an indictable offence.
Subject to an overriding requirement that an arrest is reasonably required and that no less intrusive way of advancing the investigation is reasonably available, (the "Necessity Test"): the constable may arrest without a warrant anyone who is about to or is in the act of committing an offence, or anyone they have reasonable grounds to suspect of committing or being about to commit an offence. They may also arrest anyone they have reasonable grounds to believe is guilty of an offence they suspect has been committed. These powers to arrest only apply if one or more of the following reasons apply:
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