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Serious Crime BillPage 100

(5) An offence under section 4 of the Asylum and Immigration
(Treatment of Claimants, etc) Act 2004 (trafficking people for
exploitation).

16C Firearms offences

(1) 5An offence under any of the following provisions of the Firearms
Act 1968—

(a) section 1(1) (possession etc of firearms or ammunition
without certificate);

(b) section 2(1) (possession etc of shot gun without certificate);

(c) 10section 3(1) (dealing etc in firearms or ammunition by way
of trade or business without being registered);

(d) section 5(1), (1A) or (2A) (possession, manufacture etc of
prohibited weapons).

(2) An offence under either of the following provisions of the
15Customs and Excise Management Act 1979 if it is committed in
connection with a firearm or ammunition—

(a) section 68(2) (exportation of prohibited or restricted
goods);

(b) section 170 (fraudulent evasion of duty etc).

(3) 20In sub-paragraph (2) “firearm” and “ammunition” have the same
meanings as in section 57 of the Firearms Act 1968.

16D Prostitution, child sex and pornography

(1) An offence under any of the following provisions of the Criminal
Law Consolidation (Scotland) Act 1995—

(a) 25section 11(1) (living on earnings of prostitution or
soliciting for immoral purposes);

(b) section 11(4) (aiding, abetting or compelling prostitution
for gain);

(c) section 11(5) (running of brothels).

(2) 30An offence under section 22 of the Criminal Justice (Scotland) Act
2003 (traffic in prostitution etc).

(3) An offence under any of the following provisions of the Protection
of Children and Prevention of Sexual Offences (Scotland) Act
2005—

(a) 35section 10 (causing or inciting provision by child of sexual
services or child pornography);

(b) section 11 (controlling a child providing sexual services or
involved in pornography);

(c) section 12 (arranging or facilitating provision by child of
40sexual services or child pornography).

(4) An offence under section 51(2) of the Civic Government (Scotland)
Act 1982 (obscene material).

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16E Serious organised crime

(1) An offence under any of the following provisions of the Criminal
Justice and Licensing (Scotland) Act 2010—

(a) section 28(1) (involvement in serious organised crime);

(b) 5section 30(1) or (2) (directing serious organised crime).

(2) An offence aggravated by a connection with serious organised
crime as mentioned in section 29(1) of the Criminal Justice and
Licensing (Scotland) Act 2010 (offences aggravated by connection
with serious organised crime).

16F 10Money laundering

An offence under any of the following provisions of the Proceeds
of Crime Act 2002—

(a) section 327 (concealing etc criminal property);

(b) section 328 (facilitating the acquisition etc of criminal
15property by or on behalf of another);

(c) section 329 (acquisition, use and possession of criminal
property).

16G Offences in relation to public revenue

(1) An offence under section 170 of the Customs and Excise
20Management Act 1979 (fraudulent evasion of duty etc) so far as
not falling within paragraph 16A(2)(c) or 16C(2)(b) above.

(2) An offence under section 72 of the Value Added Tax Act 1994
(fraudulent evasion of VAT etc).

(3) An offence under section 106A of the Taxes Management Act 1970
25(fraudulent evasion of income tax).

(4) An offence under section 35 of the Tax Credits Act 2002 (tax credit
fraud).

16H Bribery

An offence under any of the following provisions of the Bribery
30Act 2010—

(a) section 1 (offences of bribing another person);

(b) section 2 (offences relating to being bribed);

(c) section 6 (bribery of foreign public officials).

16I Counterfeiting

35An offence under any of the following provisions of the Forgery
and Counterfeiting Act 1981—

(a) section 14 (making counterfeit notes or coins);

(b) section 15 (passing etc counterfeit notes or coins);

(c) section 16 (having custody or control of counterfeit notes
40or coins);

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(d) section 17 (making or having custody or control of
counterfeiting materials or implements).

16J Fraud etc

(1) An offence under section 12(1) or (2) of the Gangmasters
5(Licensing) Act 2004 (acting as a gangmaster other than under the
authority of a licence, possession of false documents, etc).

(2) Fraud.

(3) Conspiracy to defraud.

(4) Theft.

(5) 10Extortion.

(6) Assault and robbery.

16K Computer misuse

An offence under any of the following provisions of the Computer
Misuse Act 1990—

(a) 15section 1 (unauthorised access to computer material);

(b) section 2 (unauthorised access with intent to commit or
facilitate commission of further offences);

(c) section 3 (unauthorised acts with intent to impair, or with
recklessness as to impairing, operation of computer etc);

(d) 20section 3ZA (unauthorised acts causing, or creating risk of,
serious damage to human welfare etc));

(e) section 3A (making, supplying or obtaining articles for use
in offence under section 1 or 3.

16L Intellectual property

(1) 25An offence under section 297A of the Copyright, Designs and
Patents Act 1988 (making or dealing etc in unauthorised
decoders).

(2) An offence under section 92(1), (2) or (3) of the Trade Marks Act
1994 (unauthorised use of trade mark etc).

16M 30Environment

(1) An offence under any of the following provisions of the Salmon
and Freshwater Fisheries (Consolidation) (Scotland) Act 2003—

(a) section 1 (fishing for salmon: methods);

(b) section 2 (fishing for freshwater fish: methods);

(c) 35section 5 (using explosive or other noxious substances for
taking or destruction of fish etc).

(2) An offence under section 14 of the Wildlife and Countryside Act
1981 (introduction of new species etc).

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(3) An offence under section 33 of the Environmental Protection Act
1990 (prohibition on unauthorised or harmful deposit, treatment
or disposal etc of waste).

(4) An offence under regulation 8 of the Control of Trade in
5Endangered Species (Enforcement) Regulations 1997 (S.I. 1997/
1372) (purchase and sale etc of endangered species and provision
of false statement and certificates).

16N Inchoate offences

An offence of attempting or conspiring to commit an offence
10specified or described in this Part of this Schedule.

16O Earlier offences

This Part of this Schedule has effect, in its application to conduct
before the coming into force of this Part, as if the offences
specified or described in this Part included any corresponding
15offences under the law in force at the time of the conduct.

16P Scope of offences

Where this Part of this Schedule refers to offences which are
offences under the law of Scotland and another country, the
reference is to be read as limited to the offences so far as they are
20offences under the law of Scotland.

Section 54

SCHEDULE 2 Execution of search and seizure warrants

Persons who may execute warrant

1 (1) A search and seizure warrant may be executed by any police or customs
25officer.

(2) A search and seizure warrant may authorise persons to accompany any
police or customs officer who is executing it.

(3) A person authorised under sub-paragraph (2) has the same powers as the
police or customs officer whom he or she accompanies in respect of—

(a) 30the execution of the warrant;

(b) the seizure of anything to which the warrant relates.

But the person may exercise those powers only in the company, and under
the supervision, of a police or customs officer.

Warrant to be executed within 3 months

2 35Entry and search under a search and seizure warrant must be within 3
months from the date of its issue.

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All-premises warrants

3 In the case of an all-premises warrant, premises that are not specified in the
warrant may be entered and searched only if a senior officer has authorised
them to be entered.

5Search of premises more than once

4 Premises may be entered or searched for the second or any subsequent time
under a search and seizure warrant authorising multiple entries only if a
senior officer has authorised that entry to the premises.

Time of search

5 10Entry and search under a search and seizure warrant must be at a reasonable
hour unless it appears to the police or customs officer executing it that the
purpose of a search may be frustrated on an entry at a reasonable hour.

Evidence of authority etc

6 (1) Where the occupier of premises to be entered and searched under a search
15and seizure warrant is present at the time when a police or customs officer
seeks to execute the warrant, the police or customs officer—

(a) must identify himself or herself to the occupier and, if not a constable
in uniform, must produce to the occupier documentary evidence that
he or she is a police or customs officer;

(b) 20must produce the warrant to the occupier;

(c) must supply the occupier with a copy of it.

(2) Where the occupier of premises to be entered and searched under a search
and seizure warrant is not present at the time when a police or customs
officer seeks to execute the warrant—

(a) 25if some other person who appears to the officer to be in charge of the
premises is present, sub-paragraph (1) has effect as if a reference to
the occupier were a reference to that other person;

(b) if not, the officer must leave a copy of the warrant in a prominent
place on the premises.

30Extent of search

7 A search under a search and seizure warrant may only be a search to the
extent required for the purpose for which the warrant was issued.

Inspection of substances

8 Where a police or customs officer has power under section 57 to seize a
35substance from premises, the officer or a person authorised under
paragraph 1(2) may inspect or test the substance on the premises with a view
to establishing whether or not it is a substance that is suitable for use as a
drug-cutting agent.

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Securing premises after entry

9 A police or customs officer who enters premises under a search and seizure
warrant must take reasonable steps to ensure that when the officer leaves the
premises they are as secure as they were before he or she entered.

5Endorsement of warrant

10 (1) A police or customs officer executing a search and seizure warrant must
make an endorsement on it—

(a) describing the substances, and any containers, that were seized, or

(b) stating that no substances were seized.

(2) 10Unless the warrant specifies one set of premises only, there must be a
separate endorsement under this paragraph identifying each set of premises
entered and searched.

Return and retention of warrant

11 (1) A search and seizure warrant must be returned to the appropriate person
15(see sub-paragraph (2))—

(a) when the warrant has been executed, or

(b) on or before the expiry of the period of 3 months from the date of its
issue, if the warrant is—

(i) a specific-premises warrant that has not been executed,

(ii) 20an all-premises warrant, or

(iii) a warrant authorising multiple entries.

(2) The appropriate person is—

(a) in the case of a warrant issued in England and Wales, the designated
officer for the local justice area in which the justice of the peace was
25acting when issuing the warrant;

(b) in the case of a warrant issued in Scotland, the sheriff clerk for the
sheriff court in which the sheriff was sitting when the sheriff issued
the warrant;

(c) in the case of a warrant issued in Northern Ireland, the clerk of petty
30sessions for the petty sessions district in which the lay magistrate
was acting when he or she issued the warrant.

(3) The appropriate person must retain a search and seizure warrant returned
under sub-paragraph (1) for 12 months from the date of its return.

(4) If during that period the occupier of premises to which the search and
35seizure warrant relates asks to inspect it, he or she must be allowed to do so.

Interpretation etc

12 (1) In this Schedule—

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(2) An authorisation under paragraph 3 or 4 must be in writing.

Section 68

SCHEDULE 3 Paedophile manuals: providers of information society services

Interpretation of this Schedule

1 (1) 5“Prohibited item” means an item within section 68(1).

(2) “Information society services”—

(a) has the meaning given in Article 2(a) of the E-Commerce Directive
(which refers to Article 1(2) of Directive 98/34/EC of the European
Parliament and of the Council of 22 June 1998 laying down a
10procedure for the provision of information in the field of technical
standards and regulations), and

(b) is summarised in recital 17 of the E-Commerce Directive as covering
“any service normally provided for remuneration, at a distance, by
means of electronic equipment for the processing (including digital
15compression) and storage of data, and at the individual request of a
recipient of a service”.

(3) “The E-Commerce Directive” means Directive 2000/31/EC of the European
Parliament and of the Council of 8 June 2000 on certain legal aspects of
information society services, in particular electronic commerce, in the
20Internal Market (Directive on electronic commerce).

(4) “Recipient”, in relation to a service, means a person who, for professional
ends or otherwise, uses an information society service, in particular for the
purposes of seeking information or making it accessible.

(5) “Service provider” means a person providing an information society service.

(6) 25“Domestic service provider” means a service provider established in
England and Wales or Northern Ireland.

(7) “Non-UK service provider” means a a service provider established in an
EEA state other than the United Kingdom.

(8) For the purposes of sub-paragraphs (6) and (7)

(a) 30a service provider is established in a particular part of the United
Kingdom, or in a particular EEA state, if the service provider—

(i) effectively pursues an economic activity using a fixed
establishment in that part of the United Kingdom, or that
EEA state, for an indefinite period, and

(ii) 35is a national of an EEA state or a company or firm mentioned
in Article 54 of the Treaty on the Functioning of the European
Union;

(b) the presence or use in a particular place of equipment or other
technical means of providing an information society service does
40not, of itself, constitute the establishment of a service provider;

(c) where it cannot be determined from which of a number of
establishments a given information society service is provided, that

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service is to be regarded as provided from the establishment at the
centre of the service provider’s activities relating to that service.

Domestic service providers: extension of liability

2 (1) Section 68(1) applies to a domestic service provider who, in the course of
5providing information society services, is in possession of a prohibited item
in an EEA state other than the United Kingdom (as well as to a person, of any
description, who is in possession of a prohibited item in England and Wales
or Northern Ireland).

(2) Proceedings for an offence under section 68(1), as it applies to a domestic
10service provider by virtue of sub-paragraph (1), may be taken at any place
in England and Wales or Northern Ireland.

(3) Nothing in this paragraph affects the operation of any of paragraphs 4 to 6.

Non-UK service providers: restriction on institution of proceedings

3 (1) Proceedings for an offence under section 68(1) may not be taken against a
15non-UK service provider in respect of anything done in the course of the
provision of information society services unless the derogation condition is
met.

(2) The derogation condition is that taking proceedings—

(a) is necessary for the purposes of the public interest objective,

(b) 20relates to an information society service that prejudices that objective
or presents a serious and grave risk of prejudice to that objective, and

(c) is proportionate to that objective.

(3) “The public interest objective” means the pursuit of public policy.

Exception for mere conduits

4 (1) 25A service provider does not commit an offence under section 68(1) by
providing access to a communication network or by transmitting, in a
communication network, information provided by a recipient of the service,
if the service provider does not—

(a) initiate the transmission,

(b) 30select the recipient of the transmission, or

(c) select or modify the information contained in the transmission.

(2) For the purposes of sub-paragraph (1)

(a) providing access to a communication network, and

(b) transmitting information in a communication network,

35include the automatic, intermediate and transient storage of the information
transmitted so far as the storage is solely for the purpose of carrying out the
transmission in the network.

(3) Sub-paragraph (2) does not apply if the information is stored for longer than
is reasonably necessary for the transmission.

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Exception for caching

5 (1) A service provider does not commit an offence under section 68(1) by storing
information provided by a recipient of the service for transmission in a
communication network if the first and second conditions are met.

(2) 5The first condition is that the storage of the information—

(a) is automatic, intermediate and temporary, and

(b) is solely for the purpose of making more efficient the onward
transmission of the information to other recipients of the service at
their request.

(3) 10The second condition is that the service provider—

(a) does not modify the information,

(b) complies with any conditions attached to having access to the
information, and

(c) if sub-paragraph (4) applies, promptly removes the information or
15disables access to it.

(4) This sub-paragraph applies if the service provider obtains actual knowledge
that—

(a) the information at the initial source of the transmission has been
removed from the network,

(b) 20access to it has been disabled, or

(c) a court or administrative authority has ordered the removal from the
network of, or the disablement of access to, the information.

Exception for hosting

6 (1) A service provider does not commit an offence under section 68(1) by storing
25information provided by a recipient of the service if—

(a) the service provider had no actual knowledge when the information
was provided that it was, or contained, a prohibited item, or

(b) on obtaining actual knowledge that the information was, or
contained, a prohibited item, the service provider promptly removed
30the information or disabled access to it.

(2) Sub-paragraph (1) does not apply if the recipient of the service is acting
under the authority or control of the service provider.

Section 79

SCHEDULE 4 Minor and consequential amendments

35Visiting Forces Act 1952 (c. 67)1952 (c. 67)

1 In the Schedule to the Visiting Forces Act 1952 (offences referred to in section
3), in paragraph 1(b)(xi), before “the Female Genital Mutilation Act 2003”
insert “sections 1 to 3 of”.

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Criminal Appeal Act 1968 (c. 19)1968 (c. 19)

2 In section 50 of the Criminal Appeal Act 1968 (meaning of “sentence”), in
subsection (1), at the end of paragraph (ca) insert “(but not a determination
under section 10A of that Act)”.

5Criminal Appeal (Northern Ireland) Act 1980 (c. 47)1980 (c. 47)

3 In section 30(3) of the Criminal Appeal (Northern Ireland) Act 1980
(meaning of “sentence”), at the end of paragraph (d) insert “(but not a
determination under section 160A of that Act)”.

Senior Courts Act 1981 (c. 54)1981 (c. 54)

4 10In paragraph 3 of Schedule 1 to the Senior Courts Act 1981 (distribution of
business to the family division of the High Court), after paragraph (h)
insert—

(ha) all proceedings under Part 1 of Schedule 2 to the Female
Genital Mutilation Act 2003;.

15Civil Jurisdiction and Judgments Act 1982 (c. 27)1982 (c. 27)

5 (1) In section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement
of United Kingdom judgments in other parts of the United Kingdom), after
paragraph (c) of subsection (6A) insert—

(d) an order under section 255G or 255H of that Act (order
20relating to PPO receivers in connection with prohibitory
property order).

(2) The power conferred by section 52(2) of that Act (power to extend to
Channel Islands, Isle of Man and British overseas territories) is exercisable
in relation to the amendment of that Act made by sub-paragraph (1).

25Computer Misuse Act 1990 (c. 18)1990 (c. 18)

6 In each of the following provisions of the Computer Misuse Act 1990, for
“six” substitute “12”—

(a) section 1(3)(b);

(b) section 2(5)(b);

(c) 30section 3(6)(b);

(d) section 3A(5)(b).

7 In section 3A of that Act (making, supplying or obtaining articles for use in
an offence under section 1 or 3), in the heading, for “section 1 or 3” substitute
section 1, 3 or 3ZA”.

8 35In section 4 of that Act (territorial scope of offences), in the heading, for
sections 1 to 3” substitute “this Act”.

9 (1) Section 6 of that Act (territorial scope of inchoate offences) is amended as
follows.

(2) In the heading, for “sections 1 to 3” substitute “this Act”.

(3) 40In subsection (1), for “section 1, 2 or 3 above” substitute “this Act”.

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