Chapter 3: Financial reporting orders
177.Sections 76 to 81 provide for a new ancillary order, available to courts at the point of sentence. The order will require offenders convicted of specified fraud and organised crime lifestyle offences to make such reports of their income and assets as the court sets out in the order.
Section 76: Financial reporting orders: making
178.This section provides that courts can make a financial reporting order in respect of an offender convicted of an offence set out in subsection (3), where it considers the risk of the offender committing similar offences is sufficiently high.
179.The offences set out in subsection (3) are specified deception offences in the Theft Acts 1968 and 1978 or an organised crime lifestyle offence specified in Schedule 2 to the Proceeds of Crime Act 2002. Subsection (4) confers a power on the Home Secretary to amend that list by order subject to the affirmative resolution procedure.
180.Subsections (6) and (7) provide for a maximum duration of the order of 5 years when made in the magistrates' court and 15 years when made in any higher court (20 years for those sentenced to life imprisonment).
Section 77: Financial reporting orders: making in Scotland
181.This section makes similar provision to section 76 in respect of Scotland.
182.The offences set out in subsection (3) are at common law, the offence of fraud and lifestyle offences under Schedule 4 to the Proceeds of Crime Act 2002.Subsection (4) confers a power on the Scottish Ministers to amend that list of offences by order subject to affirmative resolution procedure in the Scottish Parliament.
183.Subsections (6) and (7) provide for a maximum duration of the order of 5 years when made by a Sheriff and 15 years when made in the High Court of Justiciary (20 years for those sentenced to life imprisonment).
Section 78: Financial reporting orders: making in Northern Ireland
184.This section makes similar provision to section 76 in respect of Northern Ireland. The offences set out in subsection (3) are the direct Northern Ireland equivalents of those in section 76(3).
185.Subsections (5) and (6) provide for a maximum duration of the order of 5 years when made by (or on appeal from) a magistrates’ court and 15 years when made in a higher court (20 years for those sentenced to life imprisonment).
Section 79: Financial reporting orders: effect
186.This section sets out the requirements of the order and creates an offence of failing to comply with the order. In making the order, the court will specify: the duration of the order and the frequency of reports; what financial details and supporting documents should be in or accompany each report; and who the reports should be made to and the deadline for providing them (subsections (1) to (8)). Subsection (9) provides that in Scotland reports will be made to an appropriate person specified as such by order made by the Scottish Ministers. Subsection (10) creates a summary criminal offence, committed if the subject of the order fails to comply with any requirement of an order and punishable by a term of imprisonment of up to 51 weeks (12 months in Scotland, 6 months in Northern Ireland) and/or a fine not exceeding level 5 on the standard scale.
Section 80: Financial reporting orders: variation and revocation
187.This section makes provision for applications to the court to vary or revoke an order. An application may be made by either the subject of the order or the person to whom the reports are made.
Section 81: Financial reporting orders: verification and disclosure
188.This section makes provision for the person to whom reports will be made (the 'specified person') to disclose the contents of a report to other people (subsection (2)). Similarly, any person may disclose information to the specified person or a person to whom the specified person has disclosed a report (subsection (3)). Such disclosures may only be made, however, for the purposes of checking the accuracy of a report, discovering the true position, or preventing, detecting, investigating or prosecuting criminal offences (subsections (4) and (5)).
