Specialist Printing Equipment and Materials (Offences) Bill (HC Bill 76)

A

BILL

TO

Make provision for an offence in respect of supplies of specialist printing
equipment and related materials; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Offence of supplying specialist printing equipment knowing it will be used
for criminal purposes

(1) A person commits an offence if—

(a) the person supplies any specialist printing equipment, and

(b) 5in making the supply, the person knows that the equipment will be or
is intended to be used for the purposes of criminal conduct.

(2) “Criminal conduct” means conduct that constitutes a criminal offence (whether
or not in England and Wales).

(3) An individual guilty of an offence under this section is liable on conviction on
10indictment to imprisonment for a term not exceeding 10 years, or to a fine, or
to both.

(4) Any other person guilty of an offence under this section is liable on conviction
on indictment to a fine.

(5) It is a defence for a person charged with an offence under this section to prove
15that the person’s conduct was necessary for the proper exercise of any function
of the police.

2 Meaning of “specialist printing equipment”

(1) In this Act, “specialist printing equipment” means any equipment which is
designed or adapted for, or is otherwise capable of being used for, the making
20of relevant documents (including any material or article that is used in the
making of such documents).

(2) A “relevant document” is anything that is or purports to be—

(a) an identity document;

Specialist Printing Equipment and Materials (Offences) BillPage 2

(b) a travel document;

(c) an entry document;

(d) a document used for verifying the holder’s age or national insurance
number;

(e) 5a currency note or protected coin, as defined by section 27(1) of the
Forgery and Counterfeiting Act 1981;

(f) a debit or credit card;

(g) any other instrument to which section 5 of the Forgery and
Counterfeiting Act 1981 applies (money orders, etc).

(3) 10In subsection (2)(a), “identity document” means—

(a) a document used for confirming the right of a person under the EU
Treaties in respect of entry or residence in the United Kingdom;

(b) a document that is given in the exercise of immigration functions and
records information about leave granted to a person to enter or remain
15in the United Kingdom;

(c) a registration card (within the meaning of section 26A of the
Immigration Act 1971);

(d) a United Kingdom passport (within the meaning of the Immigration
Act 1971);

(e) 20a passport, or other document used for the purposes of establishing
identity, issued by or on behalf of the authorities of a country or
territory outside the United Kingdom or by or on behalf of an
international organisation;

(f) a document that can be used (in some or all circumstances) instead of a
25passport.

(4) In subsection (2)(b), “travel document” means—

(a) a licence to drive a motor vehicle granted under Part 3 of the Road
Traffic Act 1988 or under Part 2 of the Road Traffic (Northern Ireland)
Order 1981;

(b) 30a driving licence issued by or on behalf of the authorities of a country
or territory outside the United Kingdom or by or on behalf of an
international organisation;

(c) a ticket or other document authorising travel on public passenger
transport services;

(d) 35a permit authorising travel on public passenger transport services at a
concession;

(e) a badge of a form prescribed under section 21 of the Chronically Sick
and Disabled Persons Act 1970 (blue badge scheme) or a recognised
badge for the purposes of section 21A of that Act.

(5) 40In subsection (2)(c), “entry document” means any document used for the
purpose of authorising the holder to enter any premises (or part of premises),
including—

(a) a security pass or other document used in that capacity, and

(b) a ticket, or other document used in that capacity, to a sporting or other
45event.

(6) In this section—

  • “equipment” includes any device, machinery or apparatus and any wire
    or cable, together with any software used with it;

  • Specialist Printing Equipment and Materials (Offences) BillPage 3

  • “document” means information recorded in any form (including stamps
    or labels);

  • “immigration functions” means functions under the Immigration Acts
    (within the meaning of the Asylum and Immigration (Treatment of
    5Claimants, etc) Act 2004);

  • “premises” includes any land;

  • “public passenger transport services” has the same meaning as in the
    Transport Act 1985 (see section 63(10) of that Act).

3 Offences by bodies corporate and partnerships

(1) 10For the purposes of section 1(1) a body (whether corporate or not) is to be
treated as knowing a fact about a supply of equipment if a person who has
responsibility within the body for the supply knows of the fact.

(2) Where an offence committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of an officer of
15the body corporate, or

(b) to be attributable to neglect on the part of an officer of the body
corporate,

that officer (as well as the body corporate) is guilty of the offence and is liable
to be proceeded against and dealt with accordingly.

(3) 20“Officer”, in relation to a body corporate, means—

(a) any director, manager, secretary or other similar officer of the body
corporate, or

(b) any person purporting to act in any such capacity;

and for this purpose “director”, in relation to a body corporate whose affairs
25are managed by its members, means a member of the body corporate.

(4) Proceedings for an offence alleged to have been committed by a partnership
may be brought in the name of the partnership.

(5) Rules of court relating to the service of documents have effect in relation to
such proceedings as if the partnership were a body corporate.

(6) 30For the purposes of such proceedings section 33 of the Criminal Justice Act
1925 and Schedule 3 to the Magistrates’ Courts Act 1980 apply as they apply in
relation to a body corporate.

(7) A fine imposed on a partnership on its conviction for an offence is to be paid
out of the partnership assets.

(8) 35Where an offence committed by a partnership is proved—

(a) to have been committed with the consent or connivance of a partner, or

(b) to be attributable to neglect on the part of a partner,

the partner (as well as the partnership) is guilty of an offence and is liable to be
proceeded against and dealt with accordingly.

(9) 40For the purposes of subsections (2)(b) and (8)(b), the commission of an offence
is attributable to neglect on the part of an officer or partner only if that person
ought reasonably to have known of the facts giving rise to the offence.

(10) In this section—

  • “offence” means an offence under section 1;

  • 45“partner” includes a person purporting to act as a partner.

Specialist Printing Equipment and Materials (Offences) BillPage 4

4 Application to Crown

This Act applies to individuals in the public service of the Crown as it applies
to other individuals.

5 Extent, commencement and short title

(1) 5This Act extends to England and Wales only.

(2) Her Majesty may by order in Council provide for this Act to extend with or
without modifications to the Isle of Man.

(3) This Act comes into force two months after the day on which this Act is passed.

(4) Nothing in this Act applies in relation to supplies of specialist printing
10equipment before that day.

(5) This Act may be cited as the Specialist Printing Equipment and Materials
(Offences) Act 2014.