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 13 — Transitional and transitory provisions and savings
134

(b)
in Scotland, until the commencement of section 45(1) of the Criminal
Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) (increase in
sentencing powers from 6 to 12 months);

the reference to 12 months is to be read as a reference to 6 months.
Encouraging or assisting crime
5
5     (1)
Nothing in any provision of Part 2 affects the operation of—
(a)
any rule of the common law; or
(b)
any provision made by or under an Act or Northern Ireland
legislation;

in relation to offences committed wholly or partly before the
10
commencement of the provision in Part 2 concerned.
      (2)
For the purposes of sub-paragraph (1), an offence is partly committed before
commencement if—
(a)
a relevant event occurs before commencement; and
(b)
another relevant event occurs on or after commencement.
15
      (3)
In this paragraph “relevant event”, in relation to an offence, means any act
or other event (including any consequence of an act) proof of which is
required for conviction of the offence.
6     (1)
This paragraph applies where, in any proceedings—
(a)
a person (“D”) is charged in respect of the same act both with an
20
offence under section 42 and with the common law offence of
inciting the commission of another offence;
(b)
the only thing preventing D from being found guilty of the offence
under section 42 is the fact that it has not been proved beyond
reasonable doubt that the time when the act took place was after the
25
coming into force of that section; and
(c)
the only thing preventing D from being found guilty of the common
law offence is that it has not been proved beyond reasonable doubt
that that time was before the coming into force of section 57.
      (2)
For the purpose of determining D’s guilt it shall be conclusively presumed
30
that the time when the act took place was before the coming into force of
section 42.
7
In relation to any time before the coming into force of section 27(1) of the
Justice (Northern Ireland) Act 2002 (c. 26), the reference in section 51(b) to
the Advocate General for Northern Ireland is to be read as a reference to the
35
Attorney General for Northern Ireland.
Data-sharing
8
In the application of section 68(1)(a)—
(a)
in England and Wales, in relation to an offence committed before the
commencement of section 282(1) of the Criminal Justice Act 2003
40
(c. 44) (increase in sentencing powers of magistrates’ court from 6 to
12 months for certain offences triable either way); and
(b)
in Scotland, until the commencement of section 45(1) of the Criminal
Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) (increase in
sentencing powers from 6 to 12 months);
45

the reference to 12 months is to be read as a reference to 6 months.

Serious Crime Bill [HL]
Schedule 14 — Repeals and revocations
135

Data matching
9
In relation to an offence committed before the commencement of section
282(1) of the Criminal Justice Act 2003 (c. 44) (increase in sentencing powers
of magistrates’ court from 6 to 12 months for certain offences triable either
way), the reference to 12 months in each of the following provisions is to be
5
read as a reference to 6 months—
(a)
section 32D(8)(b) of the Audit Commission Act 1998 (c. 18) (as
inserted by paragraph 2 of Schedule 7 to this Act);
(b)
section 64D(8)(b) of the Public Audit (Wales) Act 2004 (c. 23) (as
inserted by paragraph 4 of that Schedule).
10
Schedule 14
Section 88

Repeals and revocations

Title
Extent of repeal or revocation

Parliamentary Commissioner
In Schedule 2—

Act 1967 (c. 13)
(a)
the entry for “The Director of the Assets

15

Recovery Agency.”;

(b)
the paragraph in the Notes headed

“Assets Recovery Agency”.

Criminal Appeal Act 1968
Section 33(1A).

(c. 19)
In section 51(1A), the words “, subject to section

20

33(1A) of this Act,”.

Criminal Law Act 1977 (c. 45)
Section 5(7).

Magistrates’ Courts Act 1980
Section 32(1)(b).

(c. 43)
Section 45.

In Schedule 1, paragraph 35.

25

Criminal Appeal (Northern
In section 31—

Ireland) Act 1980 (c. 47)
(a)
subsection (1A);

(b)
in subsection (3), the words “, subject to

subsection (1A) above,”.

Legal Aid, Advice and
In paragraph 2A(1)(a) of Part 1 of Schedule 1,

30

Assistance (Northern
the words “or 204(3)”.

Ireland) Order 1981 (S.I.

1981/228 (N.I.8))

Magistrates’ Courts (Northern
Article 60(1).

Ireland) Order 1981 (S.I.

35

1981/1675 (N.I.26))

Criminal Attempts and
Article 13(8).

Conspiracy (Northern

Ireland) Order 1983 (S.I.

1983/1120 (N.I.13))

40

Bankruptcy (Scotland) Act 1985
In section 31A(1)(b), the word “52,”.

(c. 66)

Insolvency Act 1986 (c. 45)
In section 306A(1)(b), the word “52,”.

Serious Crime Bill [HL]
Schedule 14 — Repeals and revocations
136

Title
Extent of repeal or revocation

Public Order Act 1986 (c. 64)
In section 12(10), the words from

“notwithstanding” to the end.

In section 13(13), the words from

“notwithstanding” to the end.

5

In section 14(10), the words from

“notwithstanding” to the end.

In section 14B(7), the words from

“notwithstanding” to the end.

Insolvency (Northern Ireland)
In Article 279A(1)(b), the word “52,”.

10

Order 1989 (S.I. 1989/2405

(N.I.19))

Computer Misuse Act 1990
Section 6(3).

(c. 18)
Section 7(4).

In section 8(3), the words “or by virtue of section

15

7(4) above”.

Section 9(2)(d).

In section 16(4), the words from “and any

reference” to the end.

Police Act 1996 (c. 16)
In section 97—

20

(a)
subsection (1)(ce);

(b)
in subsections (6)(a) and (8)(a), the word

“(ce),”.

Police Act 1997 (c. 50)
In section 108(1), the definition of “customs

officer”.

25

Police (Northern Ireland) Act
In section 27—

1998 (c. 32)
(a)
subsection (1)(ca);

(b)
in subsection (5)(b), the word “(ca),”;

(c)
in subsection (7), the word “(ca),”.

Access to Justice Act 1999 (c. 22)
In paragraph 3(1)(b) of Schedule 2, the words

30

“or 56(3)”.

Regulation of Investigatory
In section 56(1), the definition of “the customs

Powers Act 2000 (c. 23)
and excise”.

In section 81(1), the definition of “customs

officer”.

35

International Criminal Court
Section 55(3).

Act 2001 (c. 17)
Section 62(3).

Proceeds of Crime Act 2002
Sections 1 and 2.

(c. 29)
Section 3(6) and (8).

Sections 4 and 5.

40

In section 6(3)(a), the words “or the Director”.

In section 11(7), paragraph (b) and the word

“or” before it.

In section 14(7)(b), the words “or the Director

(as the case may be)”.

45

Serious Crime Bill [HL]
Schedule 14 — Repeals and revocations
137

Title
Extent of repeal or revocation

Proceeds of Crime Act 2002
In section 16—

(c. 29)—cont.
(a)
in subsection (1), the words “or the

Director (as the case may be)”;

(b)
in subsection (3), the words “or the

5

Director (as the case may be)” and “or

the Director”;

(c)
in subsection (4), the words “or

Director”;

(d)
in subsection (5), the words “or the

10

Director (as the case may be)” and “or

the Director”;

(e)
in subsection (6), the words “or the

Director”.

In section 17(1), the words “or the Director”.

15

In section 18(6), the words “or the Director (as

the case may be)”.

In section 19(1)(c), the words “or the Director”.

In section 20—

(a)
subsection (3);

20

(b)
in subsection (4), the words from “If the

court” to “to do so,” and, in paragraph

(b), the words “or the Director”.

In section 21(1)(b), (c) and (d), the words “or the

Director”.

25

In section 22(2), paragraph (b) and, in paragraph

(c), the words “or 52”.

In section 23(1)(b), the words “or 52”.

In section 26—

(a)
in subsection (1)(b), the words “or the

30

Director”;

(b)
in subsection (2), in paragraph (a), the

words “or the Director (as the case may

be)” and, in paragraph (b), the words “or

the Director”.

35

In section 27—

(a)
in subsection (3)(a), the words “or the

Director”;

(b)
in subsection (5)(b), the words “or the

Director (as the case may be)”;

40

(c)
in subsection (7), the words “or the

Director”.

In section 28—

(a)
in subsection (3)(a), the words “or the

Director”;

45

(b)
in subsection (5)(b), the words “or the

Director (as the case may be)”.

In section 31—

(a)
in the heading, the words “or Director”;

(b)
in subsections (1) and (2), the words “or

50

the Director”.

Serious Crime Bill [HL]
Schedule 14 — Repeals and revocations
138

Title
Extent of repeal or revocation

Proceeds of Crime Act 2002
In section 33(2)—

(c. 29)—cont.
(a)
in paragraph (a), the words “(if the

prosecutor appealed under section 31)”;

(b)
paragraph (b).

5

Section 34.

In section 35(1), paragraph (b) and the word

“and” before it.

Sections 36 and 37.

Section 39(6).

10

In section 40—

(a)
in subsections (4)(a), (5)(a) and (6)(a), the

words “or the Director”;

(b)
in subsection (8)(b), the words “or the

Director (as the case may be)”.

15

Section 42(2)(b).

Sections 52 and 53.

Sections 56 and 57.

Section 60.

In section 63(1)(b), the words from “or”, where it

20

first appears, to “Director”.

In section 64—

(a)
in subsection (1)(b), the words from “or”

to “section 52”;

(b)
subsection (3).

25

In section 65—

(a)
in subsections (1) and (2), the words “or

section 53”;

(b)
in subsection (5)(a), the words from “or”,

where it first appears, to “Director”.

30

Section 67(4)(c).

In section 74(1)—

(a)
in paragraph (b), the words “or the

Director”;

(b)
in paragraph (c), the words “or the

35

Director (as the case may be)”.

In section 156(3)(a), the words “or the Director”.

In section 161(7), paragraph (b) and the word

“or” before it.

In section 164(7)(b), the words “or the Director

40

(as the case may be)”.

Serious Crime Bill [HL]
Schedule 14 — Repeals and revocations
139

Title
Extent of repeal or revocation

Proceeds of Crime Act 2002
In section 166—

(c. 29)—cont.
(a)
in subsection (1), the words “or the

Director (as the case may be)”;

(b)
in subsection (3), the words “or the

5

Director (as the case may be)” and “or

the Director”;

(c)
in subsection (4), the words “or

Director”;

(d)
in subsection (5), the words “or the

10

Director (as the case may be)” and “or

the Director”;

(e)
in subsection (6), the words “or the

Director”.

In section 167(1), the words “or the Director”.

15

In section 168(6), the words “or the Director (as

the case may be)”.

In section 169(1)(c), the words “or the Director”.

In section 170—

(a)
subsection (3);

20

(b)
in subsection (4), the words from “If the

court” to “to do so,” and, in paragraph

(b), the words “or the Director”.

In section 171(1)(b), (c) and (d), the words “or

the Director”.

25

In section 172(2), paragraph (b) and, in

paragraph (c), the words “or 200”.

In section 173(1)(b), the words “or 200”.

In section 176—

(a)
in subsection (1)(b), the words “or the

30

Director”;

(b)
in subsection (2), in paragraph (a), the

words “or the Director (as the case may

be)” and, in paragraph (b), the words “or

the Director”.

35

In section 177—

(a)
in subsection (3)(a), the words “or the

Director”;

(b)
in subsection (5)(b), the words “or the

Director (as the case may be)”;

40

(c)
in subsection (7), the words “or the

Director”.

In section 178—

(a)
in subsection (3)(a), the words “or the

Director”;

45

(b)
in subsection (5)(b), the words “or the

Director (as the case may be)”.

In section 181—

(a)
in the heading, the words “or Director”;

(b)
in subsections (1) and (2), the words “or

50

the Director”.

Serious Crime Bill [HL]
Schedule 14 — Repeals and revocations
140

Title
Extent of repeal or revocation

Proceeds of Crime Act 2002
In section 183(2)—

(c. 29)—cont.
(a)
in paragraph (a), the words “(if the

prosecutor appealed under section 181)”;

(b)
paragraph (b).

5

Section 184.

Section 186.

Section 188(6).

In section 189—

(a)
in subsections (4)(a), (5)(a) and (6)(a), the

10

words “or the Director”;

(b)
in subsection (8)(b), the words “or the

Director (as the case may be)”.

Section 191(2)(b).

Sections 200 and 201.

15

Sections 204 and 205.

Section 208.

In section 210(2)(b) and (3), the words “or 200”.

In section 211(1)(b), the words from “or”, where

it first appears, to “Director”.

20

In section 212—

(a)
in subsection (1)(b), the words from “or”

to “section 200”;

(b)
subsection (3).

In section 213—

25

(a)
in subsections (1) and (2), the words “or

section 201”;

(b)
in subsection (5)(a), the words from “or”,

where it first appears, to “Director”.

Section 215(4)(d).

30

In section 222(1)—

(a)
in paragraph (b), the words “or the

Director”;

(b)
in paragraph (c), the words “or the

Director (as the case may be)”.

35

Section 313.

Section 325(1).

Section 356(6).

Section 376.

Section 378(7).

40

In section 417(2)—

(a)
in paragraph (b), the words “or 52”;

(b)
in paragraph (d), the words “or 200”.

In section 419(2)(b), the word “52,”.

In section 420(2)—

45

(a)
in paragraph (b), the words “or 52”;

(b)
in paragraph (d), the words “or 200”.

In section 422(2)(b), the word “52,”.

In section 423(2)—

(a)
in paragraph (b), the words “or 52”;

50

(b)
in paragraph (d), the words “or 200”.

In section 425(2)(b), the word “52,”.