Serious Crime Bill [HL]

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Serious Crime Bill [HL]

Serious Crime Bill [HL]
Schedule 1 — Serious offences
Part 1 — Serious offences in England and Wales
47

Schedules
Schedule 1
Sections 2 and 3

Serious offences
Part 1
Serious offences in England and Wales
5
Drug trafficking
1     (1)
An offence under any of the following provisions of the Misuse of Drugs Act
1971 (c. 38)—
(a)
section 4(2) or (3) (unlawful production or supply of controlled
drugs);
10
(b)
section 5(3) (possession of controlled drug with intent to supply);
(c)
section 8 (permitting etc. certain activities relating to controlled
drugs);
(d)
section 20 (assisting in or inducing the commission outside the
United Kingdom of an offence punishable under a corresponding
15
law).
      (2)
An offence under any of the following provisions of the Customs and Excise
Management Act 1979 (c. 2) if it is committed in connection with a
prohibition or restriction on importation or exportation which has effect by
virtue of section 3 of the Misuse of Drugs Act 1971—
20
(a)
section 50(2) or (3) (improper importation of goods);
(b)
section 68(2) (exportation of prohibited or restricted goods);
(c)
section 170 (fraudulent evasion of duty etc.).
      (3)
An offence under either of the following provisions of the Criminal Justice
(International Co-operation) Act 1990 (c. 5)—
25
(a)
section 12 (manufacture or supply of a substance for the time being
specified in Schedule 2 to that Act);
(b)
section 19 (using a ship for illicit traffic in controlled drugs).
People trafficking
2     (1)
An offence under section 25, 25A or 25B of the Immigration Act 1971 (c. 77)
30
(assisting unlawful immigration etc.).
      (2)
An offence under any of sections 57 to 59 of the Sexual Offences Act 2003
(c. 42) (trafficking for sexual exploitation).
      (3)
An offence under section 4 of the Asylum and Immigration (Treatment of
Claimants, etc.) Act 2004 (c. 19) (trafficking people for exploitation).
35

Serious Crime Bill [HL]
Schedule 1 — Serious offences
Part 1 — Serious offences in England and Wales
48

Arms trafficking
3     (1)
An offence under either of the following provisions of the Customs and
Excise Management Act 1979 (c. 2) if it is committed in connection with a
firearm or ammunition—
(a)
section 68(2) (exportation of prohibited or restricted goods);
5
(b)
section 170 (fraudulent evasion of duty etc.).
      (2)
An offence under section 3(1) of the Firearms Act 1968 (c. 27) (dealing etc. in
firearms or ammunition by way of trade or business without being
registered).
      (3)
In this paragraph “firearm” and “ammunition” have the same meanings as
10
in section 57 of the Firearms Act 1968.
Prostitution and child sex
4     (1)
An offence under section 33A of the Sexual Offences Act 1956 (c. 69)
(keeping a brothel used for prostitution).
      (2)
An offence under any of the following provisions of the Sexual Offences Act
15
2003 (c. 42)—
(a)
section 14 (arranging or facilitating commission of a child sex
offence);
(b)
section 48 (causing or inciting child prostitution or pornography);
(c)
section 49 (controlling a child prostitute or a child involved in
20
pornography);
(d)
section 50 (arranging or facilitating child prostitution or
pornography);
(e)
section 52 (causing or inciting prostitution for gain);
(f)
section 53 (controlling prostitution for gain).
25
Money laundering
5
An offence under either of the following provisions of the Proceeds of Crime
Act 2002 (c. 29)—
(a)
section 327 (concealing etc. criminal property);
(b)
section 328 (facilitating the acquisition etc. of criminal property by or
30
on behalf of another).
Fraud
6     (1)
An offence under any of the following provisions of the Fraud Act 2006
(c. 35)—
(a)
section 1 (fraud by false representation, failing to disclose
35
information or abuse of position);
(b)
section 6 (possession etc. of articles for use in frauds);
(c)
section 7 (making or supplying articles for use in frauds);
(d)
section 9 (participating in fraudulent business carried on by sole
trader etc.);
40
(e)
section 11 (obtaining services dishonestly).
      (2)
An offence at common law of conspiracy to defraud.

Serious Crime Bill [HL]
Schedule 1 — Serious offences
Part 1 — Serious offences in England and Wales
49

Corruption and bribery
7     (1)
An offence under section 1 of the Public Bodies Corrupt Practices Act 1889
(c. 69) (corruption in public office).
      (2)
An offence which is the first or second offence under section 1(1) of the
Prevention of Corruption Act 1906 (c. 34) (corrupt transactions with agents
5
other than those of giving or using false etc. documents which intended to
mislead principal).
      (3)
An offence at common law of bribery.
Counterfeiting
8
An offence under any of the following provisions of the Forgery and
10
Counterfeiting Act 1981 (c. 45)—
(a)
section 14 (making counterfeit notes or coins);
(b)
section 15 (passing etc. counterfeit notes or coins);
(c)
section 16 (having custody or control of counterfeit notes or coins);
(d)
section 17 (making or having custody or control of counterfeiting
15
materials or implements).
Blackmail
9     (1)
An offence under section 21 of the Theft Act 1968 (c. 60) (blackmail).
      (2)
An offence under section 12(1) or (2) of the Gangmasters (Licensing) Act
2004 (c. 11) (acting as a gangmaster other than under the authority of a
20
licence, possession of false documents, etc.).
Intellectual property
10    (1)
An offence under any of the following provisions of the Copyright, Designs
and Patents Act 1988 (c. 48)—
(a)
section 107(1)(a), (b), (d)(iv) or (e) (making, importing or distributing
25
an article which infringes copyright);
(b)
section 198(1)(a), (b) or (d)(iii) (making, importing or distributing an
illicit recording);
(c)
section 297A (making or dealing etc. in unauthorised decoders).
      (2)
An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (c. 26)
30
(unauthorised use of trade mark etc.).
Environment
11    (1)
An offence under section 1 of the Salmon and Freshwater Fisheries Act 1975
(c. 51) (fishing for salmon, trout or freshwater fish with prohibited
implements etc.).
35
      (2)
An offence under section 14 of the Wildlife and Countryside Act 1981 (c. 69)
(introduction of new species etc.).
      (3)
An offence under section 33 of the Environmental Protection Act 1990 (c. 43)
(prohibition on unauthorised or harmful deposit, treatment or disposal etc.
of waste).
40

Serious Crime Bill [HL]
Schedule 1 — Serious offences
Part 2 — Serious offences in Northern Ireland
50

      (4)
An offence under regulation 8 of the Control of Trade in Endangered Species
(Enforcement) Regulations 1997 (S.I. 1997/1372) (purchase and sale etc. of
endangered species and provision of false statements and certificates).
Inchoate offences
12    (1)
An offence of attempting or conspiring the commission of an offence
5
specified or described in this Part of this Schedule.
      (2)
An offence under Part 2 of this Act (encouraging or assisting) where the
offence (or one of the offences) which the person in question intends or
believes would be committed is an offence specified or described in this Part
of this Schedule.
10
      (3)
An offence of aiding, abetting, counselling or procuring the commission of
an offence specified or described in this Part of this Schedule.
      (4)
The references in sub-paragraphs (1) to (3) to offences specified or described
in this Part of this Schedule do not include the offence at common law of
conspiracy to defraud.
15
Earlier offences
13    (1)
This Part of this Schedule (apart from paragraph 12(2)) has effect, in its
application to conduct before the passing of this Act, as if the offences
specified or described in this Part included any corresponding offences
under the law in force at the time of the conduct.
20
      (2)
Paragraph 12(2) has effect, in its application to conduct before the passing of
this Act or before the coming into force of section 55 of this Act, as if the
offence specified or described in that provision were an offence of inciting
the commission of an offence specified or described in this Part of this
Schedule.
25
Scope of offences
14
Where this Part of this Schedule refers to offences which are offences under
the law of England and Wales and another country, the reference is to be
read as limited to the offences so far as they are offences under the law of
England and Wales.
30
Part 2
Serious offences in Northern Ireland
Drug trafficking
15    (1)
An offence under any of the following provisions of the Misuse of Drugs Act
1971 (c. 38)—
35
(a)
section 4(2) or (3) (unlawful production or supply of controlled
drugs);
(b)
section 5(3) (possession of controlled drug with intent to supply);
(c)
section 8 (permitting etc. certain activities relating to controlled
drugs);
40

Serious Crime Bill [HL]
Schedule 1 — Serious offences
Part 2 — Serious offences in Northern Ireland
51

(d)
section 20 (assisting in or inducing the commission outside the
United Kingdom of an offence punishable under a corresponding
law).
      (2)
An offence under any of the following provisions of the Customs and Excise
Management Act 1979 (c. 2) if it is committed in connection with a
5
prohibition or restriction on importation or exportation which has effect by
virtue of section 3 of the Misuse of Drugs Act 1971 (c. 38)—
(a)
section 50(2) or (3) (improper importation of goods);
(b)
section 68(2) (exportation of prohibited or restricted goods);
(c)
section 170 (fraudulent evasion of duty etc.).
10
      (3)
An offence under either of the following provisions of the Criminal Justice
(International Co-operation) Act 1990 (c. 5)—
(a)
section 12 (manufacture or supply of a substance for the time being
specified in Schedule 2 to that Act);
(b)
section 19 (using a ship for illicit traffic in controlled drugs).
15
People trafficking
16    (1)
An offence under section 25, 25A or 25B of the Immigration Act 1971 (c. 77)
(assisting unlawful immigration etc.).
      (2)
An offence under any of sections 57 to 59 of the Sexual Offences Act 2003
(c. 42) (trafficking for sexual exploitation).
20
      (3)
An offence under section 4 of the Asylum and Immigration (Treatment of
Claimants, etc.) Act 2004 (c. 19) (trafficking people for exploitation).
Arms trafficking
17    (1)
An offence under either of the following provisions of the Customs and
Excise Management Act 1979 if it is committed in connection with a firearm
25
or ammunition—
(a)
section 68(2) (exportation of prohibited or restricted goods);
(b)
section 170 (fraudulent evasion of duty etc.).
      (2)
An offence under Article 24 of the Firearms (Northern Ireland) Order 2004
(S.I. 2004/702 (N.I.3)) (dealing etc. in firearms or ammunition by way of
30
trade or business without being registered).
      (3)
In this paragraph “firearm” and “ammunition” have the same meanings as
in Article 2(2) of the Firearms (Northern Ireland) Order 2004.
Prostitution and child sex
18    (1)
An offence under section 13(1) of the Criminal Law Amendment Act 1885 (c.
35
69) (keeping a brothel used for prostitution).
      (2)
An offence under any of the following provisions of the Sexual Offences Act
2003—
(a)
section 48 (causing or inciting child prostitution or pornography);
(b)
section 49 (controlling a child prostitute or a child involved in
40
pornography);
(c)
section 50 (arranging or facilitating child prostitution or
pornography);

Serious Crime Bill [HL]
Schedule 1 — Serious offences
Part 2 — Serious offences in Northern Ireland
52

(d)
section 52 (causing or inciting prostitution for gain);
(e)
section 53 (controlling prostitution for gain).
Money laundering
19
An offence under either of the following provisions of the Proceeds of Crime
Act 2002 (c. 29)—
5
(a)
section 327 (concealing etc. criminal property);
(b)
section 328 (facilitating the acquisition etc. of criminal property by or
on behalf of another).
Fraud
20    (1)
An offence under any of the following provisions of the Fraud Act 2006
10
(c. 35)—
(a)
section 1 (fraud by false representation, failing to disclose
information or abuse of position);
(b)
section 6 (possession etc. of articles for use in frauds);
(c)
section 7 (making or supplying articles for use in frauds);
15
(d)
section 9 (participating in fraudulent business carried on by sole
trader etc.);
(e)
section 11 (obtaining services dishonestly).
      (2)
An offence at common law of conspiracy to defraud.
Corruption and bribery
20
21    (1)
An offence under section 1 of the Public Bodies Corrupt Practices Act 1889
(c. 69) (corruption in public office).
      (2)
An offence which is the first or second offence under section 1(1) of the
Prevention of Corruption Act 1906 (c. 34) (corrupt transactions with agents
other than those of giving or using false etc. documents which intended to
25
mislead principal).
      (3)
An offence at common law of bribery.
Counterfeiting
22
An offence under any of the following provisions of the Forgery and
Counterfeiting Act 1981 (c. 45)—
30
(a)
section 14 (making counterfeit notes or coins);
(b)
section 15 (passing etc. counterfeit notes or coins);
(c)
section 16 (having custody or control of counterfeit notes or coins);
(d)
section 17 (making or having custody or control of counterfeiting
materials or implements).
35
Blackmail
23    (1)
An offence under section 20 of the Theft Act (Northern Ireland) 1969 (c. 16)
(blackmail).

Serious Crime Bill [HL]
Schedule 1 — Serious offences
Part 2 — Serious offences in Northern Ireland
53

      (2)
An offence under section 12(1) or (2) of the Gangmasters (Licensing) Act
2004 (c. 11) (acting as a gangmaster other than under the authority of a
licence, possession of false documents, etc.).
Intellectual property
24    (1)
An offence under any of the following provisions of the Copyright, Designs
5
and Patents Act 1988 (c. 48)—
(a)
section 107(1)(a), (b), (d)(iv) or (e) (making, importing or distributing
an article which infringes copyright);
(b)
section 198(1)(a), (b) or (d)(iii) (making, importing or distributing an
illicit recording);
10
(c)
section 297A (making or dealing etc. in unauthorised decoders).
      (2)
An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (c. 26)
(unauthorised use of trade mark etc.).
Environment
25    (1)
An offence under section 62 or 63 of the Fisheries Act (Northern Ireland)
15
1966 (c. 17 (N.I.)) (prohibition of certain methods of fishing).
      (2)
An offence under Article 15 of the Wildlife (Northern Ireland) Order 1985
(S.I. 1985/171 (N.I.2)) (introduction of new species, etc.).
      (3)
An offence under Article 4 of the Waste and Contaminated Land (Northern
Ireland) Order 1997 (S.I. 1997/2778 (N.I.19)) (prohibition on unauthorised or
20
harmful deposit, treatment or disposal, etc. of waste).
      (4)
An offence under regulation 8 of the Control of Trade in Endangered Species
(Enforcement) Regulations 1997 (S.I. 1997/1372) (purchase and sale etc. of
endangered species and provision of false statements and certificates).
Inchoate offences
25
26    (1)
An offence of attempting or conspiring the commission of an offence
specified or described in this Part of this Schedule.
      (2)
An offence under Part 2 of this Act (encouraging or assisting) where the
offence (or one of the offences) which the person in question intends or
believes would be committed is an offence specified or described in this Part
30
of this Schedule.
      (3)
An offence of aiding, abetting, counselling or procuring the commission of
an offence specified or described in this Part of this Schedule.
      (4)
The references in sub-paragraphs (1) to (3) to offences specified or described
in this Part of this Schedule do not include the offence at common law of
35
conspiracy to defraud.
Earlier offences
27    (1)
This Part of this Schedule (apart from paragraph 26(2)) has effect, in its
application to conduct before the passing of this Act, as if the offences
specified or described in this Part included any corresponding offences
40
under the law in force at the time of the conduct.