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| | Repeal of Section 43 of the Criminal Justice Act 2003 |
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| To move the following Clause:— |
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| | ‘Section 43 of the Criminal Justice Act 2003 (c. 44) is repealed.’. |
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| | Abolition of conspiracy to defraud |
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| To move the following Clause:— |
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| | ‘(1) | The common law offence of conspiracy to defraud is abolished for all purposes |
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| | not relating to offences wholly or partly committed before the commencement of |
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| | (2) | An offence is partly committed before the commencement of this Act if— |
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| | (a) | a relevant event occurs before its commencement, and |
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| | (b) | another relevant event occurs on or after its commencement. |
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| | (3) | “Relevant event” in relation to an offence, means any act, omission or other event |
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| | (including any result of one or more acts or omissions) proof of which is required |
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| | for conviction of the offence.’. |
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| | Offences outside the United Kingdom |
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| To move the following Clause:— |
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| | ‘(1) | Any act done by a person in a country or territory outside the United Kingdom |
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| | (a) | constituted an offence under the law in force in that country or territory, |
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| | (b) | would constitute an offence under this Act if it had been done in England |
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| | and Wales or in Northern Ireland, |
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| | | constitutes that offence under the law of that part of the United Kingdom. |
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| | (2) | Any act punishable under the law in force in any country or territory constitutes |
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| | an offence under that law for the purposes of this section, however it is described |
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| | (3) | Subject to subsection (4), the condition in subsection (1)(a) is to be taken to be |
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| | met unless, not later than rules of court may provide, the defendant serves on the |
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| | (a) | stating that, on the facts as alleged with respect to the act in question, the |
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| | condition is not in his opinion met, |
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| | (b) | showing his grounds for that opinion, and |
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| | (c) | requiring the prosecution to prove that it is met. |
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| | (4) | The court, if it thinks fit, may permit the defendant to require the prosecution to |
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| | prove that the condition is met without service of a notice under subsection (3). |
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| | (5) | In the Crown Court the question whether the condition is met is to be decided by |
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| | Powers of Serious Fraud Office |
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| To move the following Clause:— |
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| | ‘In the Criminal Justice Act 1987 (c. 38):— |
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| | (a) | after fraud wherever it appears except in the expression “Serious Fraud |
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| | Office” insert “or corruption”; |
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| | (b) | after section 1(2) insert— |
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| | “(2A) | In this Act any reference to ‘corruption’ includes any offence |
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| | under part ( ) of the Fraud Act 2006 and the common law offence |
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| | General corruption offences |
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| To move the following Clause:— |
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| | ‘(1) | A person commits an offence if he— |
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| | (a) | gives an advantage to or procures an advantage for any person, or |
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| | (b) | offers or agrees to give an advantage to or to procure an advantage for any |
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| | with the intention of influencing that person or another person to exercise a |
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| | function improperly or as a reward for so exercising a function. |
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| | (2) | A person commits an offence if he— |
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| | (a) | obtains an advantage for himself or another person, or |
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| | (b) | solicits or agrees to obtain an advantage for himself or another person, |
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| | upon the basis that it will or may influence him or another person to exercise a |
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| | function improperly or as a reward for so exercising a function.’. |
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| | Corruption transactions involving agents |
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| To move the following Clause:— |
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| | ‘(1) | A person commits an offence if he— |
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| | (a) | gives an advantage to or procures an advantage for any person, or |
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| | (b) | offers or agrees to give an advantage to or to procure an advantage for any |
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| | with the intention of influencing that person or another person to exercise a |
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| | function improperly, or as a reward for so exercising a function, in each case in |
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| | that or the other person’s capacity as an agent in relation to his principal’s affairs. |
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| | (2) | A person commits an offence if, in his capacity as an agent in relation to his |
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| | (a) | obtains an advantage for himself or for another person, or |
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| | (b) | solicits or agrees to obtain an advantage for himself or for another person, |
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| | upon the basis that it will or may influence him or another person to exercise a |
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| | function improperly or as a reward for so exercising a function.’. |
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| | Penalties for corruption offences |
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| To move the following Clause:— |
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| | ‘A person guilty of an offence under this part is liable— |
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| | (a) | on conviction on indictment, to imprisonment for a term not exceeding |
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| | ten years or a fine (or both); |
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| | (b) | on summary conviction, to imprisonment for a term not exceeding six |
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| | months or a fine not exceeding the statutory maximum (or both).’. |
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| To move the following Clause:— |
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| | (a) | any benefit whether direct or indirect; |
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| | (b) | any other act done or omission made at the request of another |
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| | person and whether or not the nature or timing of the advantage |
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| | is then known or the making of the request is express or implied, |
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| | “agent” includes any person employed by or acting for another; |
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| | “exercise a function” includes exercising or failing to exercise any duty or |
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| | power irrespective of whether the function— |
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| | (a) | is or is not within the competence of the person exercising it; and |
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| | (b) | is exercised in the United Kingdom or elsewhere; |
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| | “improperly” means in breach of any duty, whether express or implied, and |
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| | whether of a public or private nature, including any duty to act in good |
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| | “principal” includes an employer.’. |
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| | Abolition of conspiracy to defraud |
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| To move the following Clause:— |
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| | ‘The offence at common law of conspiracy to defraud shall be abolished and no |
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| | further prosecution brought thereunder, upon the expiration of a period of five |
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| | years from the day on which this Act is passed, unless there has been a resolution |
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| | of both Houses of Parliament within the said period to a contrary effect.’. |
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| Schedule 3, page 16, line 45, at end insert— |
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| ‘Criminal Justice Act 2003 (c. 44) |
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| Title, line 1, after ‘fraud’, insert ‘corruption,’. |
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| | Bill to be reported, without Amendment. |
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