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S.C.B.

261

 
 

House of Commons

 
 

Thursday 22nd June 2006

 

Standing Committee Proceedings

 

Standing Committee B

 

Fraud Bill [Lords]


 

[Third Sitting]


 

new clauses

 

Repeal of Section 43 of the Criminal Justice Act 2003

 

Mr David Heath

 

Mark Hunter

 

Withdrawn  nc1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‘Section 43 of the Criminal Justice Act 2003 (c. 44) is repealed.’.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

 

Not called  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.’.

 



 
 

S.C.B.  Standing Committee Proceedings: 22nd June 2006            

262

 

Fraud Bill[ [], continued

 
 

Offences outside the United Kingdom

 

Mr David Heath

 

Mark Hunter

 

Withdrawn  nc3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

 

Not selected  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”.’.

 



 
 

S.C.B.  Standing Committee Proceedings: 22nd June 2006            

263

 

Fraud Bill[ [], continued

 
 

General corruption offences

 

Mr David Heath

 

Mark Hunter

 

Not selected  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

 

Not selected  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.’.

 



 
 

S.C.B.  Standing Committee Proceedings: 22nd June 2006            

264

 

Fraud Bill[ [], continued

 
 

Penalties for corruption offences

 

Mr David Heath

 

Mark Hunter

 

Not selected  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

 

Not selected  NC8

 

To move the following Clause:—

 

‘In this Part—

 

“advantage” includes—

 

(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

 

Not called  NC9

 

To move the following Clause:—


 
 

S.C.B.  Standing Committee Proceedings: 22nd June 2006            

265

 

Fraud Bill[ [], continued

 
 

‘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

 

Not called  17

 

Schedule  3,  page  16,  line  45,  at end insert—

 

‘Criminal Justice Act 2003 (c. 44)

Section 43.’.

 
 


 

Mr David Heath

 

Mark Hunter

 

Not selected  18

 

Title,  line  1,  after ‘fraud’, insert ‘corruption,’.

 

Bill to be reported, without Amendment.

 


 
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