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 2 — Functions of applicant authorities under Part 1
54

      (2)
Paragraph 26(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.
5
Scope of offences
28
Where this Part of this Schedule refers to offences which are offences under
the law of Northern Ireland and another country, the reference is to be read
as limited to the offences so far as they are offences under the law of
Northern Ireland.
10
Schedule 2
Section 36

Functions of applicant authorities under Part 1
Director of Public Prosecutions
1
The functions of the Director of Public Prosecutions under this Part are—
(a)
to have the conduct of applications for serious crime prevention
15
orders in England and Wales or for their variation or discharge;
(b)
to appear on any application made under section 18 or 19 by another
person for the variation or discharge of a serious crime prevention
order in England and Wales;
(c)
to have the conduct of, or (as the case may be) appear in, any other
20
proceedings in connection with serious crime prevention orders
(whether proceedings on appeal, by virtue of section 28 or
otherwise);
(d)
to give advice in connection with any proceedings or possible
proceedings in connection with serious crime prevention orders; and
25
(e)
to do anything for the purposes of, or in connection with, the
functions in paragraphs (a) to (d).
2     (1)
The Director may, to such extent as he may decide, delegate the exercise of
his functions under this Part to a Crown Prosecutor.
      (2)
References in this Part to the Director are accordingly to be read, so far as
30
necessary for the purposes of sub-paragraph (1), as references to the Director
or any Crown Prosecutor.
3
The functions of the Director under this Part are exercisable under the
superintendence of the Attorney General.
4     (1)
The Code for Crown Prosecutors issued under section 10 of the Prosecution
35
of Offences Act 1985 (c. 23) (guidelines for Crown Prosecutors) may include
guidance by the Director on general principles to be applied by Crown
Prosecutors in determining in any case—
(a)
whether to make an application for a serious crime prevention order
in England and Wales or for the variation or discharge of such an
40
order;
(b)
whether to present a petition by virtue of section 28 of this Act; or

Serious Crime Bill [HL]
Schedule 2 — Functions of applicant authorities under Part 1
55

(c)
where such an application has been made or petition presented,
whether the proceedings concerned should be discontinued.
      (2)
Section 10(2) and (3) of that Act (power to make alterations in the Code and
duty to set out alterations in Director’s report) are to be read accordingly.
5
Section 14 of that Act (power of Attorney General to make regulations about
5
fees of legal representatives and costs and expenses of witnesses) applies in
relation to proceedings in connection with serious crime prevention orders
and attendance for the purposes of such cases as it applies in relation to
criminal proceedings and attendance for the purposes of such cases.
Director of Revenue and Customs Prosecutions
10
6
The functions of the Director of Revenue and Customs Prosecutions under
this Part are—
(a)
to have the conduct of applications for serious crime prevention
orders in England and Wales or for their variation or discharge;
(b)
to appear on any application made under section 18 or 19 by another
15
person for the variation or discharge of a serious crime prevention
order in England and Wales;
(c)
to have the conduct of, or (as the case may be) appear in, any other
proceedings in connection with serious crime prevention orders
(whether proceedings on appeal, by virtue of section 28 or
20
otherwise);
(d)
to give advice in connection with any proceedings or possible
proceedings in connection with serious crime prevention orders; and
(e)
to do anything for the purposes of, or in connection with, the
functions in paragraphs (a) to (d).
25
7     (1)
The Director may, to such extent as he may decide, delegate the exercise of
his functions under this Part to a Revenue and Customs Prosecutor.
      (2)
References in this Part to the Director are accordingly to be read, so far as
necessary for the purposes of sub-paragraph (1), as references to the Director
or any Revenue and Customs Prosecutor.
30
8
The functions of the Director under this Part are exercisable under the
superintendence of the Attorney General.
9
The Director must have regard to the Code for Crown Prosecutors issued
under section 10 of the Prosecution of Offences Act 1985 (c. 23) (guidelines
for Crown Prosecutors) so far as it applies in relation to serious crime
35
prevention orders in England and Wales, and petitions and proceedings by
virtue of section 28 of this Act, by virtue of paragraph 4 above.
10
Section 21 of the Commissioners for Revenue and Customs Act 2005 (c. 11)
(disclosure to prosecuting authority) has effect as if the purpose mentioned
in subsection (1)(b) included the purpose of enabling the Director to exercise
40
his functions under this Part.
11
Section 41(1) of the Act of 2005 (disclosure of information to Director)
applies in relation to a purpose connected with a serious crime prevention
order or possible serious crime prevention order as it applies in relation to a
purpose connected with a specified investigation or prosecution.
45

Serious Crime Bill [HL]
Schedule 2 — Functions of applicant authorities under Part 1
56

Director of Serious Fraud Office
12
The functions of the Director of the Serious Fraud Office under this Part
are—
(a)
to have the conduct of applications for serious crime prevention
orders in England and Wales or for their variation or discharge;
5
(b)
to appear on any application made under section 18 or 19 by another
person for the variation or discharge of a serious crime prevention
order in England and Wales;
(c)
to have the conduct of, or (as the case may be) appear in, any other
proceedings in connection with serious crime prevention orders
10
(whether proceedings on appeal, by virtue of section 28 or
otherwise);
(d)
to give advice in connection with any proceedings or possible
proceedings in connection with serious crime prevention orders; and
(e)
to do anything for the purposes of, or in connection with, the
15
functions in paragraphs (a) to (d).
13    (1)
The Director may, to such extent as he may decide, delegate the exercise of
his functions under this Part to a member of the Serious Fraud Office
designated under section 1(7) of the Criminal Justice Act 1987 (c. 38).
      (2)
References in this Part to the Director are accordingly to be read, so far as
20
necessary for the purposes of sub-paragraph (1) above, as references to the
Director or any member of the Serious Fraud Office so designated.
14
The functions of the Director under this Part are exercisable under the
superintendence of the Attorney General.
15
Paragraph 8 of Schedule 1 to the Criminal Justice Act 1987 (power of
25
Attorney General to make regulations about fees of counsel and costs and
expenses of witnesses) applies in relation to proceedings in connection with
serious crime prevention orders and attendance for the purposes of such
cases as it applies in relation to criminal proceedings and attendance for the
purposes of such cases.
30
Director of Public Prosecutions for Northern Ireland
16
The functions of the Director of Public Prosecutions for Northern Ireland
under this Part are—
(a)
to have the conduct of applications for serious crime prevention
orders in Northern Ireland or for their variation or discharge;
35
(b)
to appear on any application made under section 18 or 19 by another
person for the variation or discharge of a serious crime prevention
order in Northern Ireland;
(c)
to have the conduct of, or (as the case may be) appear in, any other
proceedings in connection with serious crime prevention orders
40
(whether proceedings on appeal, by virtue of section 29 or
otherwise);
(d)
to give advice in connection with any proceedings or possible
proceedings about serious crime prevention orders; and
(e)
to do anything for the purposes of, or in connection with, the
45
functions in paragraphs (a) to (d).

Serious Crime Bill [HL]
Schedule 3 — Listed Offences
Part 1 — Offences common to England and Wales and Northern Ireland
57

17
References in this Part to the Director are to be read, so far as necessary for
the purposes of functions delegated by him to Public Prosecutors, as
references to the Director or any Public Prosecutor.
18    (1)
The Code for Public Prosecutors issued under section 37 of the Justice
(Northern Ireland) Act 2002 (c. 26) (guidelines for Public Prosecutors) may
5
include guidance by the Director on general principles to be applied by
Public Prosecutors in determining in any case—
(a)
whether to make an application for a serious crime prevention order
in Northern Ireland or for the variation or discharge of such an order;
(b)
whether to present a petition by virtue of section 29 of this Act; or
10
(c)
where such an application has been made or petition presented,
whether the proceedings concerned should be discontinued.
      (2)
Sections 37(4) and 39(2) of that Act (power to make alterations in the Code
and duty to set out alterations in Director’s report) are to be read
accordingly.
15
19
Section 1 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10
(N.I.)) (expenses of prosecution) applies in relation to proceedings in
connection with serious crime prevention orders and attendance for the
purposes of such cases as it applies in relation to criminal proceedings and
attendance for the purposes of such cases.
20
Interpretation
20
In this Schedule references to having the conduct of proceedings include
references to starting or discontinuing proceedings.
Schedule 3
Section 46(5)

Listed Offences
25
Part 1
Offences common to England and Wales and Northern Ireland
Offences against the Person Act 1861 (c. 100)
1
An offence under section 4 of the Offences against the Person Act 1861
(solicitation etc. of murder).
30
2
An offence under section 21 of that Act (attempting to choke etc. in order to
commit or assist in the committing of any indictable offence) so far as it may
be committed with the intention of enabling any other person to commit, or
assisting any other person in the commission of, an indictable offence.
3
An offence under section 22 of that Act (using chloroform etc. to commit or
35
assist in the committing of any indictable offence) so far as it may be
committed with the intention of enabling any other person to commit, or
assisting any other person in the commission of, an indictable offence.
4
But references in paragraphs 2 and 3 to any other person do not include
reference to the person whose act is capable of encouraging or assisting the
40

Serious Crime Bill [HL]
Schedule 3 — Listed Offences
Part 1 — Offences common to England and Wales and Northern Ireland
58

commission of the offence under section 21 or, as the case may be, section 22
of that Act.
Aliens Restriction (Amendment) Act 1919 (c. 92)
5
An offence under section 3(1) of the Aliens Restriction (Amendment) Act
1919 (acts calculated or likely to cause sedition or disaffection amongst HM
5
forces etc.).
6
An offence under section 3(2) of that Act (promoting or attempting to
promote industrial unrest).
Official Secrets Act 1920 (c. 75)
7
An offence under section 7 of the Official Secrets Act 1920 (soliciting etc.
10
commission of an offence under that Act or the Official Secrets Act 1911).
Incitement to Disaffection Act 1934 (c. 56)
8
An offence under section 1 of the Incitement to Disaffection Act 1934
(endeavouring to seduce members of HM forces from their duty or
allegiance).
15
Misuse of Drugs Act 1971 (c. 38)
9
An offence under section 19 of the Misuse of Drugs Act 1971 (inciting any
other offence under that Act).
10
An offence under section 20 of that Act (assisting or inducing commission
outside United Kingdom of offence punishable under corresponding law).
20
Immigration Act 1971 (c. 77)
11
An offence under section 25 of the Immigration Act 1971 (assisting unlawful
immigration to a member State).
12
An offence under section 25B of that Act (assisting entry to the United
Kingdom in breach of deportation or exclusion order).
25
Representation of the People Act 1983 (c. 2)
13
An offence under section 97(1) of the Representation of the People Act 1983
(public meetings) consisting in the incitement of others to act in a disorderly
manner for the purpose of preventing at a lawful public meeting to which
that section applies the transaction of the business for which the meeting
30
was called.
Computer Misuse Act 1990 (c. 18)
14
An offence under section 3A(1) of the Computer Misuse Act 1990 (making
etc. article intending it to be used to commit, or to assist in the commission
of, an offence under section 1 or 3 of that Act).
35
15
An offence under section 3A(2) of that Act (supply or offer to supply article
believing it is likely to be used to commit, or to assist in the commission of,
an offence under section 1 or 3 of that Act).

Serious Crime Bill [HL]
Schedule 3 — Listed Offences
Part 2 — Offences under particular enactments: England and Wales
59

16
An offence under section 3A(3) of that Act (obtaining an article with a view
to its being supplied for use to commit, or to assist in the commission of, an
offence under section 1 or 3 of that Act).
Criminal Justice Act 1993 (c. 36)
17
An offence under section 52(2)(a) of the Criminal Justice Act 1993
5
(encouraging insider dealing).
Reserve Forces Act 1996 (c. 14)
18
An offence under section 101 of the Reserve Forces Act 1996 (inducing a
person to desert or absent himself).
Part 2
10
Offences under particular enactments: England and Wales
Public Meeting Act 1908 (c. 66)
19
An offence under section 1(2) of the Public Meeting Act 1908 (inciting others
to commit offences under that section).
Perjury Act 1911 (c. 6)
15
20
An offence under section 7(2) of the Perjury Act 1911 (inciting a person to
commit an offence under that Act).
Prison Act 1952 (c. 52)
21
An offence under section 39(1) of the Prison Act 1952 (assisting a prisoner to
escape).
20
Criminal Law Act 1967 (c. 58)
22
An offence under section 4(1) of the Criminal Law Act 1967 (assisting
persons who have committed an offence).
23
An offence under section 5(1) of that Act (accepting or agreeing to accept
consideration for not disclosing information about an offence).
25
Criminal Law Act 1977 (c. 45)
24
An offence under section 1(1) of the Criminal Law Act 1977 (conspiracy).
Criminal Attempts Act 1981 (c. 47)
25
An offence under section 1(1) of the Criminal Attempts Act 1981 (attempting
to commit an offence).
30
Public Order Act 1986 (c. 64)
26
An offence under section 12(6) of the Public Order Act 1986 (inciting
commission of offences under section 12(5) of that Act).

Serious Crime Bill [HL]
Schedule 3 — Listed Offences
Part 4 — Offences under particular enactments: Northern Ireland
60

27
An offence under section 13(8) of that Act (inciting commission of offences
under section 13(7) of that Act).
28
An offence under section 14(6) of that Act (inciting commission of offences
under section 14(5) of that Act).
29
An offence under section 14B(3) of that Act (inciting commission of offences
5
under section 14B(2) of that Act).
Terrorism Act 2000 (c. 11)
30
An offence under section 59 of the Terrorism Act 2000 (inciting in England
and Wales the commission of acts of terrorism outside the United Kingdom).
Part 3
10
Other offences: England and Wales
31
An offence of conspiracy falling within section 5(2) or (3) of the Criminal
Law Act 1977 (c. 45) (forms of conspiracy not affected by abolition of offence
of conspiracy at common law).
32    (1)
An attempt under a special statutory provision.
15
      (2)
Sub-paragraph (1) is to be read with section 3 of the Criminal Attempts Act
1981 (c. 47).
Part 4
Offences under particular enactments: Northern Ireland
Prison Act (Northern Ireland) 1953 (c. 18)
20
33
An offence under section 29(a) of the Prison Act (Northern Ireland) 1953
(rescuing or assisting a person sentenced to imprisonment for life, or in
lawful custody for an offence carrying that sentence, to escape or attempt to
escape) so far as it consists in assisting a person.
34
An offence under section 30(a) of that Act (rescuing or assisting a person
25
sentenced to imprisonment for a term less than life, or in lawful custody for
an offence carrying such a sentence, to escape or attempt to escape) so far as
it consists in assisting a person.
Criminal Law Act (Northern Ireland) 1967 (c. 18)
35
An offence under section 4(1) of the Criminal Law Act (Northern Ireland)
30
1967 (assisting persons who have committed an offence).
Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I.19))
36
An offence under Article 12(2) of the Perjury (Northern Ireland) Order 1979
(inciting a person to commit an offence under that Order).
Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13))
35
37
An offence under Article 3(1) of the Criminal Attempts and Conspiracy
(Northern Ireland) Order 1983 (attempting to commit an offence).