Legislation – Border Security, Asylum and Immigration Act 2025

“Interim serious crime prevention orders

5EInterim serious crime prevention orders

(1)

This section applies where—

(a)

an application to the High Court in England and Wales for a serious crime prevention order has not been determined, or

(b)

an application to the appropriate court in Scotland or the High Court in Northern Ireland for a serious crime prevention order that is terrorism-related (see section 8A) has not been determined.

(2)

The court may, if it considers it just to do so, make an interim serious crime prevention order in relation to the person.

(3)

An interim serious crime prevention order may contain such prohibitions, restrictions or requirements, and such other terms, as the court considers appropriate to protect the public by preventing, restricting or disrupting involvement by the person in serious crime—

(a)

in England and Wales, in the case of an order made by the High Court in England and Wales;

(b)

in Scotland, in the case of an order made by the appropriate court in Scotland;

(c)

in Northern Ireland, in the case of an order made by the High Court in Northern Ireland.

(4)

Sections 5 to 5D apply in relation to an interim serious crime prevention order as they apply in relation to a serious crime prevention order.

(5)

An interim serious crime prevention order in relation to a person may be made only where the application for the order is made at the same time as, or after, the main application is made.

(6)

In this Part—

“interim serious crime prevention order” means an order under this section;

“main application”, in relation to an interim serious crime prevention order, means the application mentioned in subsection (1).

(7)

For the purposes of this Part references to the person who is the subject of an interim serious crime prevention order are references to the person against whom the public is to be protected.

5FWithout notice applications

(1)

An application for an interim serious crime prevention order, or for the variation of an interim serious crime prevention order, may be made without notice being given to the person against whom the order is to be made in circumstances where notice of the application is likely to prejudice the outcome sought by the applicant.

(2)

Where the court makes an interim serious crime prevention order in relation to a person (“P”) in a case where the application for the order was made without notice, the court must give P an opportunity to make representations about the order—

(a)

as soon as reasonably practicable, and

(b)

at a hearing of which notice has been given to P in accordance with rules of court.

(3)

Where a person (whether P or another) makes an application for an interim serious crime prevention order made without notice to be varied or discharged, the court may not dismiss the application unless the person has been given an opportunity to make representations about the order at a hearing of which notice has been given to the person in accordance with rules of court.”

“8AARelevant applicant authority to apply for interim order

An interim serious crime prevention order may be made only on an application by the relevant applicant authority (see section 10) in relation to the main application.”

“10ANotice requirements in relation to interim orders

(1)

A person who is the subject of an interim serious crime prevention order (“P”) is bound by it or a variation of it only if—

(a)

P is represented (whether in person or otherwise) at the proceedings at which the order or (as the case may be) variation is made, or

(b)

a notice setting out the terms of the order or (as the case may be) variation has been served on P in accordance with subsections (2) to (4).

(2)

The notice must be served on P—

(a)

as soon as reasonably practicable after the order or variation is made, and in any event no later than the end of the period of 7 days beginning with the day on which the order or variation is made;

(b)

by delivering it to P in person, unless the court provides otherwise under subsection (4).

(3)

For the purposes of delivering such a notice to P in person, a constable or a person authorised for the purpose by the relevant applicant authority may (if necessary by force)—

(a)

enter any premises where the constable or authorised person has reasonable grounds for believing P to be, and

(b)

search those premises for P.

(4)

Where it has not been possible to deliver the notice to P in person, the notice may be served on P using such other method of service as the court may allow.”

“(4A)

An interim serious crime prevention order ceases to be in force—

(a)

on the date or dates specified in the order, or

(b)

if earlier, on the determination of the main application.”