S.C.B.
Amendment Paper as at
Thursday 22nd June 2006
STANDING COMMITTEE B
FRAUD BILL [LORDS]
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'Section 43 of the Criminal Justice Act 2003 (c. 44) is repealed.'.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 if 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.'.
Abolition of conspiracy to defraud
Mr Dominic Grieve
Mr Edward Garnier
Jeremy Wright
NC9
To move the following Clause:—
'The offence at common law of conspiracy to defraud shall be abolished and no further prosecution brought thereunder, upon the expiration of a period of five years from the day on which this Act is passed, unless there has been a resolution of both Houses of Parliament within the said period to a contrary effect.'.
Mr David Heath
Mark Hunter
17
Schedule 3, page 16, line 45, at end insert—
3. The Standing Committee shall have leave to sit twice on the first day on which it meets.
5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.
