Serious Crime Bill [HL]

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Serious Crime Bill [HL]

Serious Crime Bill [HL]
Part 2 — Encouraging or assisting crime
30

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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
anticipated offence; but
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(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
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anticipated offence is to be read as a reference to an offence specified in the
indictment.
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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
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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
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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
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(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
satisfied.
(5)
The condition is that the allegations in the indictment charging the person with
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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
offence.
(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.
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(9)
In this section—
(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;

Serious Crime Bill [HL]
Part 2 — Encouraging or assisting crime
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(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
indictment.
(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—
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(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
(c. 18).
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Penalties
(1)
Subsections (2) and (3) apply if—
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(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
for life.
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(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.
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(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
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differ); or
(b)
to a fine.
(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
under—
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(a)
an Act; or
(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.
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Serious Crime Bill [HL]
Part 2 — Encouraging or assisting crime
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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
abolished.
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
1990 (c. 18)—
(a)
in subsection (2)—
(i)
at the end of paragraph (b), insert “or”; and
(ii)
omit paragraph (d) and the word “or” preceding it;
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(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)
and 29(2).
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Consequential amendments: Part 2
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(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
Part.
(2)
Part 2 of Schedule 6 contains other minor and consequential amendments.
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(3)
The Secretary of State may by order amend Part 1 of Schedule 6 by adding or
removing a provision.
Interpretation: Part 2
59
Encouraging or assisting the commission of an offence
A reference in this Part to encouraging or assisting the commission of an
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offence is to be read in accordance with section 44.
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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
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commit the offence.

Serious Crime Bill [HL]
Part 3 — Other measures to prevent or disrupt serious and other crime
Chapter 1 — Prevention of fraud
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(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
by—
(a)
taking steps to reduce the possibility of criminal proceedings being
brought in respect of that offence;
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(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.
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Indirectly encouraging or assisting
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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.
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Course of conduct
A reference in this Part to an act includes a reference to a course of conduct, and
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a reference to doing an act is to be read accordingly.
Part 3
Other measures to prevent or disrupt serious and other crime
Chapter 1
Prevention of fraud
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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
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an organisation.
(2)
The information—
(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
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arrangements concerned.
(3)
Disclosure under this section does not breach—
(a)
any obligation of confidence owed by the public authority disclosing
the information; or
(b)
any other restriction on the disclosure of information (however
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imposed).
(4)
But nothing in this section authorises any disclosure of information which—
(a)
contravenes the Data Protection Act 1998 (c. 29); or

Serious Crime Bill [HL]
Part 3 — Other measures to prevent or disrupt serious and other crime
Chapter 1 — Prevention of fraud
34

(b)
is prohibited by Part 1 of the Regulation of Investigatory Powers Act
2000 (c. 23).
(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
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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)).
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(7)
This section does not limit the circumstances in which information may be
disclosed apart from this section.
(8)
In this section—
“an anti-fraud organisation” means any unincorporated association, body
corporate or other person which enables or facilitates any sharing of
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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
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authorities); and
“specified” means specified by an order made by the Secretary of State.
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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
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authority—
(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
an organisation;
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(b)
the information—
(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
another person; and
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(c)
B knows or suspects, or has reasonable grounds for suspecting, that the
information is information of the kind mentioned in paragraphs (a) and
(b).
(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
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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;
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(c)
with the consent of the public authority concerned; or

Serious Crime Bill [HL]
Part 3 — Other measures to prevent or disrupt serious and other crime
Chapter 1 — Prevention of fraud
35

(d)
in pursuance of a Community obligation or a duty imposed by an
enactment;

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.
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(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;
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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
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(b)
that the information had already and lawfully been made available to
the public.
(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
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(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
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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
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in respect of whom the function mentioned in paragraph (a) is
exercised.
(7)
In this section—
“Commissioners of Revenue and Customs” means Commissioners for
Her Majesty’s Revenue and Customs;
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“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
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(c)
a person acting on behalf of the Commissioners or an officer of
Revenue and Customs;
“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
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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.