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 6 — Minor and consequential amendments: Part 2
Part 1 — References to common law offence of incitement
65

Schedule 6
Section 58(1) and (2)

Minor and consequential amendments: Part 2
Part 1
References to common law offence of incitement
1
Section 30(4) of the Theft Act 1968 (c. 60) (restriction of proceedings against
5
spouses and civil partners).
2
Section 1B(2) of the Biological Weapons Act 1974 (c. 6) (Revenue and
Customs prosecutions).
3
Section 17(1) of the Industry Act 1975 (c. 68) (no criminal proceedings to lie
in respect of contravention of a prohibition order).
10
4
Section 7(2)(ix) of the Sexual Offences (Amendment) Act 1976 (c. 82)
(meaning of “rape offence” in relation to court martial proceedings).
5
In the Magistrates’ Courts Act 1980 (c. 43)—
(a)
section 22(11)(b) (aggregation of value in relation to charges
involving two or more scheduled offences);
15
(b)
section 103(2)(d) (written statement of child admissible in committal
proceedings for certain offences);
(c)
paragraph 2 of Schedule 2 (offences for which the value involved is
relevant to the mode of trial).
6
Article 8(1A) of the Criminal Justice (Northern Ireland) Order 1980 (S.I.
20
1980/704 (N.I.6)) (driving disqualification where vehicle used for the
purposes of crime).
7
In the Betting and Gaming Duties Act 1981 (c. 63)—
(a)
section 9(5) (prohibitions for protection of revenue);
(b)
section 9A(4) (prohibitions for protection of revenue: overseas
25
brokers).
8
In section 32(1) of the Criminal Justice Act 1982 (c. 48) (early release of
prisoners)—
(a)
paragraph (b)(iv) (imprisonment for excluded offence etc.);
(b)
paragraph (c)(iv) (imprisonment for service offence corresponding
30
to excluded offence etc.), inserted by paragraph 94(2) of Schedule 16
to the Armed Forces Act 2006 (c. 52).
9
Section 80(3)(c) of the Police and Criminal Evidence Act 1984 (c. 60)
(compellability of accused’s spouse or civil partner).
10
Section 49(4) of the Airports Act 1986 (c. 31) (no criminal proceedings to lie
35
in respect of contravention of compliance order).
11
Section 12(6)(a) of the Outer Space Act 1986 (c. 38) (offences).
12
Section 30(4) of the Gas Act 1986 (c. 44) (no criminal proceedings to lie in
respect of contravention of final or provisional order).
13
Section 7(1) of the Public Order Act 1986 (c. 64) (consent of DPP to
40
prosecution).

Serious Crime Bill [HL]
Schedule 6 — Minor and consequential amendments: Part 2
Part 1 — References to common law offence of incitement
66

14
Section 2(3)(ba) of the Ministry of Defence Police Act 1987 (c. 4) (jurisdiction
of members of MoD police).
15
In the Road Traffic Offenders Act 1988 (c. 53)—
(a)
section 28(2) (penalty points to be attributed to an offence);
(b)
section 34(5) (disqualification for certain offences);
5
(c)
section 35(5A) (disqualification for repeated offences).
16
Paragraph 2(a) of Schedule 1 to the Football Spectators Act 1989 (c. 37)
(offences).
17
Article 79(3)(c) of the Police and Criminal Evidence (Northern Ireland)
Order 1989 (S.I. 1989/1341 (N.I.12)) (compellability of accused’s spouse or
10
civil partner).
18
In the Aviation and Maritime Security Act 1990 (c. 31)—
(a)
section 11(3)(b) (destroying ships or fixed platforms or endangering
their safety);
(b)
section 15(2)(c) (master’s power of delivery).
15
19
In the Criminal Justice Act 1991 (c. 53)—
(a)
section 53(7) (cases involving children in which notice of transfer
may be given);
(b)
section 86A(4) (offences in respect of which prisoner custody officers
have powers in relation to persons other than prisoners).
20
20
In the Sexual Offences (Amendment) Act 1992 (c. 34)—
(a)
subsections (1)(g) and (3)(k) of section 2 (offences to which Act
applies);
(b)
section 6(2A) (person who is to be treated as person against whom
inchoate offences are committed).
25
21
Section 12(7) of the Finance Act 1994 (c. 9) (offences of fraud and
dishonesty).
22
Section 9A(4) of the Criminal Justice and Public Order Act 1994 (c. 33)
(offences in respect of which custody officers at contracted out secure
training centres have powers in relation to persons other than those detained
30
in the centre).
23
Paragraph (b) of the definition of “specified offence” in section 60(6) of the
Drug Trafficking Act 1994 (c. 37) (Revenue and Customs prosecutions).
24
Article 40(4) of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426
(N.I.1)) (no criminal proceedings to lie in respect of contravention of
35
compliance order).
25
Article 4(1A) and (7) of the Children’s Evidence (Northern Ireland) Order
1995 (S.I. 1995/757 (N.I.3)) (cases involving children in which notice of
transfer may be given).
26
Section 30A(2) of the Chemical Weapons Act 1996 (c. 6) (Revenue and
40
Customs prosecutions).
27
In the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299
(N.I.9))—
(a)
paragraph (h) of the definition of “drug trafficking offence” in Article
2(2) (interpretation);
45

Serious Crime Bill [HL]
Schedule 6 — Minor and consequential amendments: Part 2
Part 1 — References to common law offence of incitement
67

(b)
paragraph (b) of the definition of “specified offence” in Article 55
(Revenue and Customs prosecutions).
28
In the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320
(N.I.10))—
(a)
Article 30(2) (penalty points to be attributed to an offence);
5
(b)
Article 35(6) (disqualification for certain offences);
(c)
Article 40(7) (disqualification for repeated offences).
29
Paragraph 8 of the Schedule to the Sexual Offences (Protected Material) Act
1997 (c. 39) (sexual offences for the purposes of that Act).
30
Section 14(2)(d) of the Northern Ireland (Sentences) Act 1998 (c. 35)
10
(inadmissibility).
31
Section 51C(3)(e) of the Crime and Disorder Act 1998 (c. 37) (notices in
certain cases involving children).
32
Section 62(2) of the Youth Justice and Criminal Evidence Act 1999 (c. 23)
(meaning of “sexual offence” and other references to offences).
15
33
Article 3(2) of the Criminal Evidence (Northern Ireland) Order 1999 (S.I.
1999/2789 (N.I.8)) (meaning of “sexual offence” and other references to
offences).
34
Section 147(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
(driving disqualification where vehicle used for purposes of crime).
20
35
Paragraph 3(t)(i) of Schedule 4 to the Criminal Justice and Court Services Act
2000 (c. 43) (meaning of “offence against a child”).
36
Section 34(1)(g) of the Criminal Justice and Police Act 2001 (c. 16) (meaning
of “drug trafficking offence”).
37
Sections 55(1)(b) and 62(1)(b) of the International Criminal Court Act 2001
25
(c. 17) (meaning of “ancillary offence”).
38
Section 53(2) of the Anti-terrorism, Crime and Security Act 2001 (c. 24)
(Revenue and Customs prosecutions).
39
In the Proceeds of Crime Act 2002 (c. 29)—
(a)
section 340(11)(b) (interpretation of Part 7: money laundering);
30
(b)
section 415(2)(a) (money laundering offences for purposes of Part 8:
investigations);
(c)
section 447(9)(b) (interpretation of Part 11: national and international
co-operation);
(d)
section 451(6)(c) (Revenue and Customs prosecutions).
35
40
Section 4 of the Dealing in Cultural Objects (Offences) Act 2003 (c. 27)
(Revenue and Customs prosecutions).
41
Section 142(7)(a) of the Extradition Act 2003 (c. 41) (extradition from
category 1 territory to the United Kingdom).
42
Paragraph 3(a) of Schedule 2 to the Sexual Offences Act 2003 (c. 42) (sexual
40
offences to which section 72 of that Act applies).
43
In the Criminal Justice Act 2003 (c. 44)—

Serious Crime Bill [HL]
Schedule 6 — Minor and consequential amendments: Part 2
Part 2 — Other minor and consequential amendments
68

(a)
in Schedule 15 (specified violent and sexual offences for the purposes
of Chapter 5 of Part 12 of that Act), paragraphs 64(a) and 153(3);
(b)
in Schedule 17 (Northern Ireland violent and sexual offences
specified for the purposes of section 229(4) of that Act), paragraphs
61(a) and 110(a).
5
44
Paragraph 3(i)(i) of the Schedule to the Protection of Children and
Vulnerable Adults (Northern Ireland) Order 2003 (S.I. 2003/417 (N.I.4))
(meaning of “offence against a child”).
45
Section 14 of the Gangmasters (Licensing) Act 2004 (c. 11) (enforcement
officer’s power of arrest).
10
46
Section 76(3)(p) of the Serious Organised Crime and Police Act 2005 (c. 15)
(offences giving rise to financial reporting order).
Part 2
Other minor and consequential amendments
Misuse of Drugs Act 1971 (c. 38)
15
47
In section 19 of the Misuse of Drugs Act 1971 for “such an offence” substitute
“an offence under any other provision of this Act”.
Criminal Law Act 1977 (c. 45)
48
In section 5 of the Criminal Law Act 1977 (effects of creation of statutory
offence of conspiracy) omit subsection (7).
20
Magistrates’ Courts Act 1980 (c. 43)
49    (1)
The Magistrates’ Courts Act 1980 is amended as follows.
      (2)
In section 32(1) (penalties for offences triable either way as a result of
Schedule 1 to that Act) omit paragraph (b).
      (3)
Omit section 45.
25
      (4)
In Schedule 1 (offences triable either way) omit paragraph 35.
Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26))
50
Omit Article 60(1) of the Magistrates’ Courts (Northern Ireland) Order 1981.
Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13))
51
In Article 13 of the Criminal Attempts and Conspiracy (Northern Ireland)
30
Order 1983 (effects of creation of statutory offence of conspiracy) omit
paragraph (8).
Public Order Act 1986 (c. 64)
52    (1)
The Public Order Act 1986 is amended as follows.
      (2)
In each of the provisions mentioned in sub-paragraph (3) omit the words
35
from “notwithstanding” to the end.

Serious Crime Bill [HL]
Schedule 6 — Minor and consequential amendments: Part 2
Part 2 — Other minor and consequential amendments
69

      (3)
The provisions are—
(a)
section 12(10);
(b)
section 13(13);
(c)
section 14(10);
(d)
section 14B(7).
5
Computer Misuse Act 1990 (c. 18)
53    (1)
The Computer Misuse Act 1990 is amended as follows.
      (2)
In section 6 (incitement) omit subsection (3).
      (3)
In section 7 (territorial scope of inchoate offences related to offences under
external law corresponding to offences under the Act) omit subsection (4).
10
      (4)
In section 8(3) (relevance of external law) omit “or by virtue of section 7(4)
above”.
      (5)
In section 9(2) (offences in relation to which British citizenship is immaterial)
omit paragraph (d).
      (6)
In section 16(4) (application to Northern Ireland) omit the words from “and
15
any reference” to the end.
International Criminal Court Act 2001 (c. 17)
54    (1)
The International Criminal Court Act 2001 is amended as follows.
      (2)
In section 55 (meaning of ancillary offence: England and Wales) omit
subsection (3).
20
      (3)
In section 62 (meaning of ancillary offence: Northern Ireland) omit
subsection (3).
Proceeds of Crime Act 2002 (c. 29)
55
After sub-paragraph (1) in each of paragraph 10 of Schedule 2 to the
Proceeds of Crime Act 2002 and paragraph 10 of Schedule 5 to that Act
25
(inchoate offences which are lifestyle offences) insert the following sub-
paragraph—
   “(1A)
An offence under section 41 of the Serious Crime Act 2007 of doing
an act capable of encouraging or assisting the commission of an
offence specified in this Schedule.”
30
Sexual Offences Act 2003 (c. 42)
56    (1)
The Sexual Offences Act 2003 is amended as follows.
      (2)
In Schedule 3 (sexual offences for the purposes of Part 2 of that Act), after
paragraph 94, insert—
“94A
A reference in a preceding paragraph to an offence (“offence A”)
35
includes a reference to an offence under Part 2 of the Serious
Crime Act 2007 in relation to which offence A is the offence (or one
of the offences) which the person intended or believed would be
committed.”

Serious Crime Bill [HL]
Schedule 7 — Data matching
Part 1 — Data matching: England
70

      (3)
In Schedule 5 (other offences which are relevant for the purposes of Part 2 of
the Act), after paragraph 173, insert—
“173A
A reference in a preceding paragraph to an offence (“offence A”)
includes a reference to an offence under Part 2 of the Serious
Crime Act 2007 in relation to which offence A is the offence (or one
5
of the offences) which the person intended or believed would be
committed.”
Serious Organised Crime and Police Act 2005 (c. 15)
57    (1)
The Serious Organised Crime and Police Act 2005 is amended as follows.
      (2)
In section 136 (penalties in relation to demonstrations in the vicinity of
10
Parliament) for subsection (4) substitute—
“(4)
A person who is guilty of an offence under section 41 or 42 of the
Serious Crime Act 2007 in relation to which an offence mentioned in
subsection (1), (2) or (3) is the anticipated offence (as defined by
section 44(9) of that Act) is liable on summary conviction to
15
imprisonment for a term not exceeding 51 weeks, to a fine not
exceeding level 4 on the standard scale or to both.
(4A)
If a person is guilty of an offence under section 43 of that Act by
reference to an offence mentioned in subsection (1), (2) or (3), the
maximum term of imprisonment applicable for the purposes of
20
section 54(6) of that Act to the offence so mentioned is a term not
exceeding 51 weeks.”
      (3)
In section 175(3) (transitional modification of penalties for summary
offences in England and Wales) in the table, for the entry relating to section
136(4) substitute—
25

“section 136(4)
3 months

section
3 months”.

136(4A)

Schedule 7
Section 67

Data matching
30
Part 1
Data matching: England
1
The Audit Commission Act 1998 (c. 18) is amended as follows.

Serious Crime Bill [HL]
Schedule 7 — Data matching
Part 1 — Data matching: England
71

2
After Part 2 insert—
“Part 2A
Data matching
32A
Power to conduct data matching exercises
(1)
The Commission may conduct data matching exercises or arrange
5
for them to be conducted on its behalf.
(2)
A data matching exercise is an exercise involving the comparison of
sets of data to determine how far they match (including the
identification of any patterns and trends).
(3)
The power in subsection (1) is exercisable for the purpose of assisting
10
in the prevention and detection of fraud.
(4)
That assistance may, but need not, form part of an audit.
(5)
A data matching exercise may not be used to identify patterns and
trends in an individual’s characteristics or behaviour which suggest
nothing more than his potential to commit fraud in the future.
15
(6)
In the following provisions of this Part, reference to a data matching
exercise is to an exercise conducted or arranged to be conducted
under this section.
32B
Mandatory provision of data
(1)
The Commission may require—
20
(a)
any body mentioned in subsection (2), and
(b)
any officer or member of such a body,

to provide the Commission or a person acting on its behalf with such
data (and in such form) as the Commission or that person may
reasonably require for the purpose of conducting data matching
25
exercises.
(2)
The bodies are—
(a)
a body subject to audit,
(b)
an English best value authority which is not a body subject to
audit.
30
(3)
A person who without reasonable excuse fails to comply with a
requirement of the Commission under subsection (1)(b) is guilty of
an offence and liable on summary conviction—
(a)
to a fine not exceeding level 3 on the standard scale, and
(b)
to an additional fine not exceeding £20 for each day on which
35
the offence continues after conviction for that offence.
(4)
Any expenses incurred by the Commission in connection with
proceedings for an offence under subsection (3) alleged to have been
committed by an officer or member of a body, so far as not recovered
from any other source, are recoverable from that body.
40
(5)
“English best value authority” means a best value authority other
than—