Last amended by Crime and Courts Act 2013 in 2013. Abolished SOCA and transferred its functions to the National Crime Agency (NCA).
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Serious Organised Crime and Police Act 2005 (SOCPA) created the Serious Organised Crime Agency (SOCA) to lead the national response to organised crime, and substantially reformed police powers and public order law. Most significantly, it replaced the old concept of the 'arrestable offence' with a single statutory power of arrest (amending PACE 1984 s.24) so that a constable may arrest for any offence where it is necessary to do so. It also put on a statutory footing the regime for offenders who assist investigations and prosecutions (the modern 'Queen's/King's Evidence' rules), introduced new controls on demonstrations near Parliament, and created the offence of trespass on designated sites.
Key Points
- Created the Serious Organised Crime Agency (SOCA) (Part 1) — abolished in 2013 and its functions transferred to the National Crime Agency
- Reformed the power of arrest (s.110) — substituted PACE 1984 s.24 with a single arrest power for any offence subject to a necessity test, abolishing the 'arrestable offence' distinction
- Statutory assistance-by-offenders regime (ss.71-75) — immunity notices, restricted-use undertakings, and reduced sentences for defendants who assist investigations or prosecutions
- Investigatory powers of the DPP (ss.60-70) — disclosure notices requiring the production of information in serious crime investigations
- Trespass on designated sites (s.128) — created an offence of trespassing on protected sites such as military and royal sites
- Demonstrations in the vicinity of Parliament (ss.132-138) — required authorisation for protests around Parliament Square (later repealed by the Police Reform and Social Responsibility Act 2011)
- Protection of animal-research organisations (ss.145-149) — new offences targeting harassment campaigns against laboratories and their suppliers
Parts & Sections
Amendments History
2013 — Crime and Courts Act 2013
Abolished SOCA and transferred its functions to the National Crime Agency (NCA).
2011 — Police Reform and Social Responsibility Act 2011
Repealed the ss.132-138 controls on demonstrations in the vicinity of Parliament and replaced them with new provisions targeting prohibited activities in Parliament Square.
Frequently asked questions
- What was the main purpose of the Serious Organised Crime and Police Act 2005?
- The Serious Organised Crime and Police Act 2005 (SOCPA) was a significant piece of criminal law legislation. It established the Serious Organised Crime Agency (SOCA) to lead the national response to organised crime. Additionally, it substantially reformed police powers, including the power of arrest, and introduced new public order laws regarding demonstrations and trespass on specific sites.
- What provisions exist for offenders who help police with investigations?
- The Act created a statutory regime for offenders who assist investigations or prosecutions, often referred to as 'Queen's/King's Evidence' rules. It allowed courts to reduce the sentence of a defendant who pleaded guilty and entered a written agreement to assist. It also provided for immunity notices and restricted-use undertakings to protect those who provide information to prosecutors.
- What rules did the Act introduce for protests near Parliament?
- The Act initially required prior authorisation for demonstrations in the designated area around Parliament Square. However, these specific controls (sections 132-138) were later repealed by the Police Reform and Social Responsibility Act 2011. That later legislation substituted a new regime targeting prohibited activities in Parliament Square, replacing the original authorisation requirements.
- What happened to the Serious Organised Crime Agency (SOCA)?
- The Serious Organised Crime Agency (SOCA) was established by the Act to prevent and detect serious organised crime. However, SOCA was abolished in 2013. Its functions were subsequently transferred to the National Crime Agency (NCA), which now handles these responsibilities. The Act also allowed SOCA staff to be designated with powers of constables, customs, or immigration officers.