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Serious Crime Bill [HL]


Serious Crime Bill [HL]
Part 1 — Serious Crime Prevention Orders

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41      

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

 

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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

 

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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.

10

(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.

47      

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.

 
 

 
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