|
| |
|
52 | Persons who may be perpetrators or encouragers etc. |
| |
(1) | In proceedings for an offence under this Part (“the inchoate offence”) the |
| |
defendant may be convicted if— |
| |
(a) | it is proved that he must have committed the inchoate offence or the |
| |
| 5 |
(b) | it is not proved which of those offences he committed. |
| |
(2) | For the purposes of this section, a person is not to be treated as having |
| |
committed the anticipated offence merely because he aided, abetted, |
| |
counselled or procured its commission. |
| |
(3) | In relation to an offence under section 43, a reference in this section to the |
| 10 |
anticipated offence is to be read as a reference to an offence specified in the |
| |
| |
53 | Alternative verdicts and guilty pleas |
| |
(1) | If in proceedings on indictment for an offence under section 41 or 42 a person |
| |
is not found guilty of that offence by reference to the specified offence, he may |
| 15 |
be found guilty of that offence by reference to an alternative offence. |
| |
(2) | If in proceedings for an offence under section 43 a person is not found guilty of |
| |
that offence by reference to any specified offence, he may be found guilty of |
| |
that offence by reference to one or more alternative offences. |
| |
(3) | If in proceedings for an offence under section 43 a person is found guilty of the |
| 20 |
offence by reference to one or more specified offences, he may also be found |
| |
guilty of it by reference to one or more other alternative offences. |
| |
(4) | For the purposes of this section, an offence is an alternative offence if— |
| |
(a) | it is an offence of which, on a trial on indictment for the specified |
| |
offence, an accused may be found guilty; or |
| 25 |
(b) | it is an indictable offence, or one to which section 40 of the Criminal |
| |
Justice Act 1988 (c. 33) applies (power to include count for common |
| |
assault etc. in indictment), and the condition in subsection (5) is |
| |
| |
(5) | The condition is that the allegations in the indictment charging the person with |
| 30 |
the offence under this Part amount to or include (expressly or by implication) |
| |
an allegation of that offence by reference to it. |
| |
(6) | Subsection (4)(b) does not apply if the specified offence, or any of the specified |
| |
offences, is murder or treason. |
| |
(7) | In the application of subsection (5) to proceedings for an offence under section |
| 35 |
41, the allegations in the indictment are to be taken to include an allegation of |
| |
that offence by reference to the offence of attempting to commit the specified |
| |
| |
(8) | Section 46(4) applies to an offence which is an alternative offence in relation to |
| |
a specified offence as it applies to that specified offence. |
| 40 |
| |
(a) | in relation to a person charged with an offence under section 41 or 42, |
| |
“the specified offence” means the offence specified in the indictment as |
| |
the one alleged to be the anticipated offence; |
| |
|
| |
|
| |
|
(b) | in relation to a person charged with an offence under section 43, |
| |
“specified offence” means an offence specified in the indictment |
| |
(within the meaning of subsection (4) of that section), and related |
| |
expressions are to be read accordingly. |
| |
(10) | A person arraigned on an indictment for an offence under this Part may plead |
| 5 |
guilty to an offence of which he could be found guilty under this section on that |
| |
| |
(11) | This section applies to an indictment containing more than one count as if each |
| |
count were a separate indictment. |
| |
(12) | This section is without prejudice to— |
| 10 |
(a) | section 6(1)(b) and (3) of the Criminal Law Act 1967 (c. 58); |
| |
(b) | section 6(1)(b) and (2) of the Criminal Law Act (Northern Ireland) 1967 |
| |
| |
| |
(1) | Subsections (2) and (3) apply if— |
| 15 |
(a) | a person is convicted of an offence under section 41 or 42; or |
| |
(b) | a person is convicted of an offence under section 43 by reference to only |
| |
one offence (“the reference offence”). |
| |
(2) | If the anticipated or reference offence is murder, he is liable to imprisonment |
| |
| 20 |
(3) | In any other case he is liable to any penalty for which he would be liable on |
| |
conviction of the anticipated or reference offence. |
| |
(4) | Subsections (5) to (7) apply if a person is convicted of an offence under section |
| |
43 by reference to more than one offence (“the reference offences”). |
| |
(5) | If one of the reference offences is murder, he is liable to imprisonment for life. |
| 25 |
(6) | If none of the reference offences is murder but one or more of them is |
| |
punishable with imprisonment, he is liable— |
| |
(a) | to imprisonment for a term not exceeding the maximum term provided |
| |
for any one of those offences (taking the longer or the longest term as |
| |
the limit for the purposes of this paragraph where the terms provided |
| 30 |
| |
| |
(7) | In any other case he is liable to a fine. |
| |
(8) | Subsections (3), (6) and (7) are subject to any contrary provision made by or |
| |
| 35 |
| |
(b) | Northern Ireland legislation. |
| |
(9) | In the case of an offence triable either way, the reference in subsection (6) to the |
| |
maximum term provided for that offence is a reference to the maximum term |
| |
so provided on conviction on indictment. |
| 40 |
|
| |
|
| |
|
Consequential alterations of the law |
| |
55 | Abolition of common law replaced by this Part |
| |
The common law offence of inciting the commission of another offence is |
| |
| |
56 | Amendments relating to service law |
| 5 |
Schedule 5 (which amends enactments relating to service law) has effect. |
| |
57 | Repeal of offence of enabling unauthorised access to computer material |
| |
(1) | The Police and Justice Act 2006 (c. 48) is amended as follows. |
| |
(2) | In section 35 (unauthorised access to computer material), omit subsection (2). |
| |
(3) | In section 36 (unauthorised acts with intent to impair operation of computer, |
| 10 |
etc.), in the section to be substituted for section 3 of the Computer Misuse Act |
| |
| |
| |
(i) | at the end of paragraph (b), insert “or”; and |
| |
(ii) | omit paragraph (d) and the word “or” preceding it; |
| 15 |
(b) | in subsection (3) for “to (d)” substitute “to (c)”. |
| |
(4) | In section 38 (transitional and saving provision), omit subsection (1). |
| |
(5) | In Schedule 14 (minor and consequential amendments), omit paragraphs 19(2) |
| |
| |
58 | Consequential amendments: Part 2 |
| 20 |
(1) | In the provisions listed in Part 1 of Schedule 6, any reference however |
| |
expressed to (or to conduct amounting to) the offence abolished by section 55 |
| |
has effect as a reference to (or to conduct amounting to) the offences under this |
| |
| |
(2) | Part 2 of Schedule 6 contains other minor and consequential amendments. |
| 25 |
(3) | The Secretary of State may by order amend Part 1 of Schedule 6 by adding or |
| |
| |
| |
59 | Encouraging or assisting the commission of an offence |
| |
A reference in this Part to encouraging or assisting the commission of an |
| 30 |
offence is to be read in accordance with section 44. |
| |
60 | Being capable of encouraging or assisting |
| |
(1) | A reference in this Part to a person’s doing an act that is capable of encouraging |
| |
the commission of an offence includes a reference to his doing so by |
| |
threatening another person or otherwise putting pressure on another person to |
| 35 |
| |
|
| |
|
| |
|
(2) | A reference in this Part to a person’s doing an act that is capable of encouraging |
| |
or assisting the commission of an offence includes a reference to his doing so |
| |
| |
(a) | taking steps to reduce the possibility of criminal proceedings being |
| |
brought in respect of that offence; |
| 5 |
(b) | failing to take reasonable steps to discharge a duty. |
| |
(3) | But a person is not to be regarded as doing an act that is capable of encouraging |
| |
or assisting the commission of an offence merely because he fails to respond to |
| |
a constable’s request for assistance in preventing a breach of the peace. |
| |
61 | Indirectly encouraging or assisting |
| 10 |
If a person (D1) arranges for a person (D2) to do an act that is capable of |
| |
encouraging or assisting the commission of an offence, and D2 does the act, D1 |
| |
is also to be treated for the purposes of this Part as having done it. |
| |
| |
A reference in this Part to an act includes a reference to a course of conduct, and |
| 15 |
a reference to doing an act is to be read accordingly. |
| |
| |
Other measures to prevent or disrupt serious and other crime |
| |
| |
| 20 |
Sharing information with anti-fraud organisations |
| |
63 | Disclosure of information to prevent fraud |
| |
(1) | A public authority may, for the purposes of preventing fraud or a particular |
| |
kind of fraud, disclose information as a member of a specified anti-fraud |
| |
organisation or otherwise in accordance with any arrangements made by such |
| 25 |
| |
| |
(a) | may be information of any kind; and |
| |
(b) | may be disclosed to the specified anti-fraud organisation, any members |
| |
of it or any other person to whom disclosure is permitted by the |
| 30 |
| |
(3) | Disclosure under this section does not breach— |
| |
(a) | any obligation of confidence owed by the public authority disclosing |
| |
| |
(b) | any other restriction on the disclosure of information (however |
| 35 |
| |
(4) | But nothing in this section authorises any disclosure of information which— |
| |
(a) | contravenes the Data Protection Act 1998 (c. 29); or |
| |
|
| |
|
| |
|
(b) | is prohibited by Part 1 of the Regulation of Investigatory Powers Act |
| |
| |
(5) | Nothing in this section authorises any disclosure by a relevant public authority |
| |
of information whose subject-matter is a matter about which provision would |
| |
be within the legislative competence of the Scottish Parliament if it were |
| 5 |
included in an Act of that Parliament. |
| |
(6) | In subsection (5) “relevant public authority” means a public authority which |
| |
has (whether alone or in addition to other functions) functions which are |
| |
exercisable within devolved competence (within the meaning given by section |
| |
54 of the Scotland Act 1998 (c. 46)). |
| 10 |
(7) | This section does not limit the circumstances in which information may be |
| |
disclosed apart from this section. |
| |
| |
“an anti-fraud organisation” means any unincorporated association, body |
| |
corporate or other person which enables or facilitates any sharing of |
| 15 |
information to prevent fraud or a particular kind of fraud or which has |
| |
any of these functions as its purpose or one of its purposes; |
| |
“information” includes documents; |
| |
“public authority” means any public authority within the meaning of |
| |
section 6 of the Human Rights Act 1998 (c. 42) (acts of public |
| 20 |
| |
“specified” means specified by an order made by the Secretary of State. |
| |
64 | Offence for certain further disclosures of information |
| |
(1) | A person (“B”) commits an offence, subject as follows, if— |
| |
(a) | B discloses protected information which has been disclosed by a public |
| 25 |
| |
(i) | as a result of the public authority being a member of a specified |
| |
anti-fraud organisation; or |
| |
(ii) | otherwise in accordance with any arrangements made by such |
| |
| 30 |
| |
(i) | has been so disclosed by the public authority to B; or |
| |
(ii) | has come into B’s possession as a result (whether directly or |
| |
indirectly) of such a disclosure by the public authority to |
| |
| 35 |
(c) | B knows or suspects, or has reasonable grounds for suspecting, that the |
| |
information is information of the kind mentioned in paragraphs (a) and |
| |
| |
(2) | Subsection (1) does not apply to a disclosure made by B— |
| |
(a) | where B is acting (whether as an employee or otherwise) on behalf of |
| 40 |
the person to whom the information was disclosed by the public |
| |
authority concerned and the disclosure by B is to another person acting |
| |
(whether as an employee or otherwise) on behalf of that person; |
| |
(b) | for the purposes of the detection, investigation or prosecution of an |
| |
offence in the United Kingdom; |
| 45 |
(c) | with the consent of the public authority concerned; or |
| |
|
| |
|
| |
|
(d) | in pursuance of a Community obligation or a duty imposed by an |
| |
| |
| but it does apply to a disclosure made by B which does not fall within |
| |
paragraphs (a) to (d) above but which (but for the offence) would have been |
| |
permitted by a power conferred by an enactment. |
| 5 |
(3) | Subsection (1) does not apply to a disclosure made by B of information— |
| |
(a) | which has been disclosed by a relevant public authority; and |
| |
(b) | whose subject-matter is a matter about which provision would be |
| |
within the legislative competence of the Scottish Parliament if it were |
| |
included in an Act of that Parliament; |
| 10 |
| and subsection (6) of section 63 applies for the purposes of this subsection as it |
| |
applies for the purposes of subsection (5) of that section. |
| |
(4) | It is a defence for a person charged with an offence under this section to prove |
| |
that the person reasonably believed— |
| |
(a) | that the disclosure was lawful; or |
| 15 |
(b) | that the information had already and lawfully been made available to |
| |
| |
(5) | In this section “protected information” means— |
| |
(a) | any revenue and customs information disclosed by Revenue and |
| |
Customs and revealing the identity of the person to whom it relates; or |
| 20 |
(b) | any specified information disclosed by a specified public authority. |
| |
(6) | For the purposes of this section— |
| |
(a) | “revenue and customs information” means information about, |
| |
acquired as a result of or held in connection with the exercise of a |
| |
function of the Commissioners of Revenue and Customs or an officer of |
| 25 |
Revenue and Customs in respect of a person; |
| |
(b) | revenue and customs information reveals a person’s identity if— |
| |
(i) | it specifies his identity; or |
| |
(ii) | his identity can be deduced from it; and |
| |
(c) | revenue and customs information relates to a person if he is the person |
| 30 |
in respect of whom the function mentioned in paragraph (a) is |
| |
| |
| |
“Commissioners of Revenue and Customs” means Commissioners for |
| |
Her Majesty’s Revenue and Customs; |
| 35 |
“enactment” has the same meaning as in section 15; |
| |
“public authority” has the same meaning as in section 63; |
| |
“Revenue and Customs” means— |
| |
(a) | the Commissioners of Revenue and Customs; |
| |
(b) | an officer of Revenue and Customs; or |
| 40 |
(c) | a person acting on behalf of the Commissioners or an officer of |
| |
| |
“specified anti-fraud organisation” means any person which is a specified |
| |
anti-fraud organisation for the purposes of section 63; |
| |
“specified information” means information specified or described in an |
| 45 |
order made by the Secretary of State; and |
| |
“specified public authority” means a public authority specified or |
| |
described in an order made by the Secretary of State. |
| |
|
| |
|