S.C.B.
NOTICES OF AMENDMENTS
given up to and including
Friday 16th June 2006
New Amendments handed in are marked thus *
STANDING COMMITTEE B
FRAUD BILL [LORDS]
Mr Dominic Grieve
Mr Edward Garnier
Jeremy Wright
2
Clause 4, page 2, line 22, leave out 'expected' and insert 'under a fiduciary duty'.
Mr David Heath
Mark Hunter
7
Clause 4, page 2, line 24, leave out 'is expected' and insert 'has a duty'.
Mr Dominic Grieve
Mr Edward Garnier
Jeremy Wright
3
Clause 5, page 2, line 38, leave out subsection (3).
Mr Dominic Grieve
Mr Edward Garnier
Jeremy Wright
4
Clause 5, page 2, line 40, leave out subsection (4).
Mr David Heath
Mark Hunter
8
Clause 5, page 2, line 40, after 'might', insert 'reasonably and lawfully'.
Mr Dominic Grieve
Mr Edward Garnier
Jeremy Wright
5
Clause 6, page 3, line 3, after 'article', insert 'intended'.
Mr David Heath
Mark Hunter
9
Clause 6, page 3, line 3, leave out 'for use' and insert 'which he intends to be used'.
Mr David Heath
Mark Hunter
10
Clause 6, page 3, line 3, leave out 'connection with' and insert 'furtherance of'.
Mr David Heath
Mark Hunter
11
Clause 6, page 3, line 3, at end insert 'carried out by him or any other person'.
Mr Dominic Grieve
Mr Edward Garnier
Jeremy Wright
1
Clause 7, page 3, line 15, leave out 'or' and insert 'and'.
Mr David Heath
Mark Hunter
14
Clause 9, page 4, line 1, leave out paragraph (b) and insert—
| '(b) | for any fraudulent purpose.'. |
Mr David Heath
Mark Hunter
12
Clause 11, page 4, line 33, leave out 'by a dishonest act' and insert 'dishonestly'.
Mr David Heath
Mark Hunter
13
Clause 11, page 5, line 2, at end insert—
'( ) A person shall not be guilty of an offence under this section if—
| (a) | the services obtained comprise only observing a performance, sporting or other event, and |
| (b) | he is not within, nor has he sought to enter, the premises within which the performance or event are being held.'. |
Mr Dominic Grieve
Mr Edward Garnier
Jeremy Wright
6
Clause 11, page 5, line 7, leave out '5' and insert '10'.
Mr David Heath
Mark Hunter
15
Clause 13, page 6, line 3, at end add 'that the Secretary of State may by order prescribe.'.
Mr David Heath
Mark Hunter
16
Clause 15, page 6, line 11, at end insert—
'( ) The Secretary of State may not appoint a day by order for section (Abolition of conspiracy to defraud) until he has received a report on the operation of this Act, and in any case not earlier than three years after the commencement of the Act.'.
NEW CLAUSES
Repeal of Section 43 of the Criminal Justice Act 2003
Mr David Heath
Mark Hunter
NC1
To move the following Clause:—
'Section 43 of the Criminal Justice Act 2003 (c. 44) is repealed.'.
Abolition of conspiracy to defraud
Mr David Heath
Mark Hunter
NC2
To move the following Clause:—
'(1) The common law offence of conspiracy to defraud is abolished for all purposes not relating to offences wholly or partly committed before the commencement of this Act.
(2) An offence is partly committed before the commencement of this Act if—
| (a) | a relevant event occurs before its commencement, and |
| (b) | another relevant event occurs on or after its commencement. |
(3) "Relevant event" in relation to an offence, means any act, omission or other event (including any result of one or more acts or omissions) proof of which is required for conviction of the offence.'.
Offences outside the United Kingdom
Mr David Heath
Mark Hunter
NC3
To move the following Clause:—
'(1) Any act done by a person in a country or territory outside the United Kingdom which—
| (a) | constituted an offence under the law in force in that country or territory, and |
| (b) | would constitute an offence under this Act is it had been done in England and Wales or in Northern Ireland, |
constitutes that offence under the law of that part of the United Kingdom.
(2) Any act punishable under the law in force in any country or territory constitutes an offence under that law for the purposes of this section, however it is described in that law.
(3) Subject to subsection (4), the condition in subsection (1)(a) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice—
| (a) | stating that, on the facts as alleged with respect to the act in question, the condition is not in his opinion met, |
| (b) | showing his grounds for that opinion, and |
| (c) | requiring the prosecution to prove that it is met. |
(4) The court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition is met without service of a notice under subsection (3).
(5) In the Crown Court the question whether the condition is met is to be decided by the judge alone.'.
Powers of Serious Fraud Office
Mr David Heath
Mark Hunter
NC4
To move the following Clause:—
'In the Criminal Justice Act 1987 (c. 38):—
| (a) | after fraud wherever it appears except in the expression "Serious Fraud Office" insert "or corruption"; |
| (b) | after section 1(2) insert— |
| "(2A) | In this Act any reference to 'corruption' includes any offence under part ( ) of the Fraud Act 2006 and the common law offence of bribery".'. |
General corruption offences
Mr David Heath
Mark Hunter
NC5
To move the following Clause:—
'(1) A person commits an offence if he—
| (a) | gives an advantage to or procures an advantage for any person, or |
| (b) | offers or agrees to give an advantage to or to procure an advantage for any person, |
with the intention of influencing that person or another person to exercise a function improperly or as a reward for so exercising a function.
(2) A person commits an offence if he—
| (a) | obtains an advantage for himself or another person, or |
| (b) | solicits or agrees to obtain an advantage for himself or another person, |
upon the basis that it will or may influence him or another person to exercise a function improperly or as a reward for so exercising a function.'.
Corruption transactions involving agents
Mr David Heath
Mark Hunter
NC6
To move the following Clause:—
'(1) A person commits an offence if he—
| (a) | gives an advantage to or procures an advantage for any person, or |
| (b) | offers or agrees to give an advantage to or to procure an advantage for any person, |
with the intention of influencing that person or another person to exercise a function improperly, or as a reward for so exercising a function, in each case in that or the other person's capacity as an agent in relation to his principal's affairs.
(2) A person commits an offence if, in his capacity as an agent in relation to his principal's affairs, he—
| (a) | obtains an advantage for himself or for another person, or |
| (b) | solicits or agrees to obtain an advantage for himself or for another person, |
upon the basis that it will or may influence him or another person to exercise a function improperly or as a reward for so exercising a function.'.
Penalties for corruption offences
Mr David Heath
Mark Hunter
NC7
To move the following Clause:—
'A person guilty of an offence under this part is liable—
| (a) | on conviction on indictment, to imprisonment for a term not exceeding ten years or a fine (or both); |
| (b) | on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both).'. |
Interpretation
Mr David Heath
Mark Hunter
NC8
To move the following Clause:—
| (a) | any benefit whether direct or indirect; |
| (b) | any other act done or omission made at the request of another person and whether or not the nature or timing of the advantage is then known or the making of the request is express or implied, direct or indirect; |
"agent" includes any person employed by or acting for another;
"exercise a function" includes exercising or failing to exercise any duty or power irrespective of whether the function—
| (a) | is or is not within the competence of the person exercising it; and |
| (b) | is exercised in the United Kingdom or elsewhere; |
"improperly" means in breach of any duty, whether express or implied, and whether of a public or private nature, including any duty to act in good faith or impartially;
"principal" includes an employer.'.
