A new crime fighting tool or unjustifiable incursion of liberty? asks Jill Lorimer
Serious crime prevention orders (SCPOs) were introduced in the Serious Crime Act 2007 (SCA 2007), Pt 1 on 30 October 2007. Dubbed “super ASBOs” by the media, these are civil orders which may be made independently of criminal proceedings against those suspected of involvement in serious crime. The orders will impose binding conditions restricting the activities of individuals or organisations. The aim is to prevent the commission of serious crime but there is widespread concern that any benefits will be at the cost of a significant invasion of liberty and that there are insufficient safeguards to prevent injustice.
SCPOs may be made by the High Court, upon the application of the director of public prosecutions, the director of revenue and customs prosecutions or the director of the Serious Fraud Office. Equally, they may be made by the crown court in respect of a person who has either been convicted of an offence in the crown court, or committed to the crown court for sentence. In either court, the civil standard of proof
