Serious Crime Bill [HL]

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Serious Crime Bill [HL]

Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders
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Index of defined expressions: Part 1
In this Part, the expressions listed in the left-hand column have the meaning
given by, or are to be interpreted in accordance with, the provisions listed in
the right-hand column.

Expression
Provision

5

act
section 40

committed a serious offence
section 4(1)

conduct
section 40

conducts oneself in a way likely to facilitate the
section 4(3)

commission by oneself or another person of a

10

serious offence

country
section 40

Director of Public Prosecutions, Director of
Paragraphs 2(2), 7(2),

Revenue and Customs Prosecutions, Director of
13(2) and 17 of

the Serious Fraud Office and Director of Public
Schedule 2

15

Prosecutions for Northern Ireland

document
section 5(7)

facilitates the commission by another person of a
section 4(2)

serious offence

involvement in serious crime: England and
sections 2, 4 and 31(3)

20

Wales orders

involvement in serious crime: Northern Ireland
sections 3, 4 and 31(3)

orders

law enforcement officer
section 5(7)

modifications (and modify)
section 40

25

person who is the subject of a serious crime
section 1(6)

prevention order

premises
section 5(7)

production of documents
section 5(8)

the public
section 40

30

relevant applicant authority
section 10(4)

serious crime prevention order
section 1(5)

serious offence in England and Wales
section 2(2)

serious offence in Northern Ireland
section 3(2)

Serious Crime Bill [HL]
Part 2 — Encouraging or assisting crime
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Part 2
Encouraging or assisting crime
Inchoate offences
42
Intentionally encouraging or assisting an offence
(1)
A person commits an offence if—
5
(a)
he does an act capable of encouraging or assisting the commission of an
offence; and
(b)
he intends to encourage or assist its commission.
(2)
But he is not to be taken to have intended to encourage or assist the commission
of an offence merely because such encouragement or assistance was a
10
foreseeable consequence of his act.
43
Encouraging or assisting an offence believing it will be committed
A person commits an offence if—
(a)
he does an act capable of encouraging or assisting the commission of an
offence; and
15
(b)
he believes—
(i)
that the offence will be committed; and
(ii)
that his act will encourage or assist its commission.
44
Encouraging or assisting offences believing one or more will be committed
(1)
A person commits an offence if—
20
(a)
he does an act capable of encouraging or assisting the commission of
one or more of a number of offences; and
(b)
he believes—
(i)
that one or more of those offences will be committed (but has no
belief as to which); and
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(ii)
that his act will encourage or assist the commission of one or
more of them.
(2)
It is immaterial for the purposes of subsection (1)(b)(ii) whether the person has
any belief as to which offence will be encouraged or assisted.
(3)
If a person is charged with an offence under subsection (1)—
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(a)
the indictment must specify the offences alleged to be the “number of
offences” mentioned in paragraph (a) of that subsection; but
(b)
nothing in paragraph (a) requires all the offences potentially comprised
in that number to be specified.
(4)
In relation to an offence under this section, reference in this Part to the offences
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specified in the indictment is to the offences specified by virtue of subsection
(3)(a).
45
Proving an offence under this Part
(1)
Sections 42, 43 and 44 are to be read in accordance with this section.

Serious Crime Bill [HL]
Part 2 — Encouraging or assisting crime
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(2)
If it is alleged under section 42(1)(b) that a person (D) intended to encourage or
assist the commission of an offence, it is sufficient to prove that he intended to
encourage or assist the doing of an act which would amount to the commission
of that offence.
(3)
If it is alleged under section 43(b) that a person (D) believed that an offence
5
would be committed and that his act would encourage or assist its commission,
it is sufficient to prove that he believed—
(a)
that an act would be done which would amount to the commission of
that offence; and
(b)
that his act would encourage or assist the doing of that act.
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(4)
If it is alleged under section 44(1)(b) that a person (D) believed that one or more
of a number of offences would be committed and that his act would encourage
or assist the commission of one or more of them, it is sufficient to prove that he
believed—
(a)
that one or more of a number of acts would be done which would
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amount to the commission of one or more of those offences; and
(b)
that his act would encourage or assist the doing of one or more of those
acts.
(5)
In proving for the purposes of this section whether an act is one which, if done,
would amount to the commission of an offence—
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(a)
if the offence is one requiring proof of fault, it must be proved that—
(i)
D believed that, were the act to be done, it would be done with
that fault;
(ii)
D was reckless as to whether or not it would be done with that
fault; or
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(iii)
D’s state of mind was such that, were he to do it, it would be
done with that fault; and
(b)
if the offence is one requiring proof of particular circumstances or
consequences (or both), it must be proved that—
(i)
D believed that, were the act to be done, it would be done in
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those circumstances or with those consequences; or
(ii)
D was reckless as to whether or not it would be done in those
circumstances or with those consequences.
(6)
For the purposes of subsection (5)(a)(iii), D is to be assumed to be able to do the
act in question.
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(7)
In the case of an offence under section 42—
(a)
subsection (5)(b)(i) is to be read as if the reference to “D believed” were
a reference to “D intended or believed”; but
(b)
D is not to be taken to have intended that an act would be done in
particular circumstances or with particular consequences merely
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because its being done in those circumstances or with those
consequences was a foreseeable consequence of his act of
encouragement or assistance.
(8)
Reference in this section to the doing of an act includes reference to—
(a)
a failure to act;
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(b)
the continuation of an act that has already begun;
(c)
an attempt to do an act (except an act amounting to the commission of
the offence of attempting to commit another offence).

Serious Crime Bill [HL]
Part 2 — Encouraging or assisting crime
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(9)
In the remaining provisions of this Part (unless otherwise provided) a
reference to the anticipated offence is—
(a)
in relation to an offence under section 42, a reference to the offence
mentioned in subsection (2); and
(b)
in relation to an offence under section 43, a reference to the offence
5
mentioned in subsection (3).
46
Proving an offence under section 44
(1)
This section makes further provision about the application of section 45 to an
offence under section 44.
(2)
It is sufficient to prove the matters mentioned in section 45(5) by reference to
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one offence only.
(3)
The offence or offences by reference to which those matters are proved must be
one of the offences specified in the indictment.
(4)
Subsection (3) does not affect any enactment or rule of law under which a
person charged with one offence may be convicted of another and is subject to
15
section 55.
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Supplemental provisions
(1)
A person may commit an offence under this Part whether or not any offence
capable of being encouraged or assisted by his act is committed.
(2)
If a person’s act is capable of encouraging or assisting the commission of a
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number of offences—
(a)
section 42 applies separately in relation to each offence that he intends
to encourage or assist to be committed; and
(b)
section 43 applies separately in relation to each offence that he believes
will be encouraged or assisted to be committed.
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(3)
A person may, in relation to the same act, commit an offence under more than
one provision of this Part.
(4)
In reckoning whether—
(a)
for the purposes of section 43, an act is capable of encouraging or
assisting the commission of an offence, or
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(b)
for the purposes of section 44, an act is capable of encouraging or
assisting the commission of one or more of a number of offences,

offences under this Part and listed offences are to be disregarded.
(5)
“Listed offence” means—
(a)
in England and Wales, an offence listed in Part 1, 2 or 3 of Schedule 3;
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and
(b)
in Northern Ireland, an offence listed in Part 1, 4 or 5 of that Schedule.
(6)
The Secretary of State may by order amend Schedule 3.
(7)
For the purposes of sections 43(b)(i) and 44(1)(b)(i) it is sufficient for the person
concerned to believe that the offence (or one or more of the offences) will be
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committed if certain conditions are met.