Serious Crime Bill [HL]

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Serious Crime Bill [HL]

Serious Crime Bill [HL]
Part 4 — General and final provisions
51

into force of any provision of this Act (other than the provisions specified in
section 90(4)).
(3)
The Scottish Ministers may by order make such transitional, transitory or
saving provision as they consider appropriate in connection with the coming
into force of the provisions of this Act specified in section 90(4).
5
88
Repeals and revocations
Schedule 14 (which contains repeals and revocations) has effect.
Final
89
Extent
(1)
The following provisions extend to England and Wales only—
10
(a)
section 76(1) and (2);
(b)
section 80(1) and (2); and
(c)
Parts 1 and 2 of Schedule 7 and section 71 so far as relating to those
Parts.
(2)
The following provisions extend to England and Wales and Northern Ireland
15
only—
(a)
Part 1 (including Schedules 1 and 2) but excluding sections 25 to 29 (and
any provision of that Part so far as relating to those sections);
(b)
Part 2 (including Schedules 3 and 4 and Part 1 of Schedule 6) but
excluding sections 58 and 59, Schedule 5 and Part 2 of Schedule 6;
20
(c)
section 73(2) and (3);
(d)
section 74(1) to (3);
(e)
section 78; and
(f)
section 79(2).
(3)
The following provisions extend to Scotland only—
25
(a)
section 66(5) and (6);
(b)
section 67(3);
(c)
section 73(4) and (5);
(d)
section 74(4) to (6); and
(e)
section 83.
30
(4)
The following provisions extend to Northern Ireland only—
(a)
section 76(3) and (4);
(b)
section 80(3) and (4); and
(c)
Part 3 of Schedule 7 and section 71 so far as relating to that Part.
(5)
Any provision of section 59 or Part 2 of Schedule 6 (and any corresponding
35
entry in Schedule 14) has the same extent as the enactment amended, repealed
or revoked by it except that—
(a)
it does not extend to Scotland; and
(b)
paragraph 49 of Schedule 6 does not extend to Northern Ireland.
(6)
Any amendment, repeal or revocation by Schedule 5, 8, 10 or 14 of an
40
enactment has (subject to subsection (5)) the same extent as the enactment
amended, repealed or revoked.

Serious Crime Bill [HL]
Part 4 — General and final provisions
52

(7)
Subject as above, this Act extends to England and Wales, Scotland and
Northern Ireland.
90
Commencement
(1)
The preceding provisions of this Act (other than sections 85, 86, 87(2) and (3)
and 89 and the provisions specified in subsection (4)) come into force on such
5
day as the Secretary of State may by order appoint; and different days may be
appointed for different purposes.
(2)
The Secretary of State must consult the Scottish Ministers before making an
order under subsection (1) in relation to—
(a)
section 73(1);
10
(b)
paragraph 2 of Schedule 10; or
(c)
paragraph 24 of that Schedule.
(3)
The provisions of this Act specified in subsection (4) come into force on such
day as the Scottish Ministers may by order appoint; and different days may be
appointed for different purposes.
15
(4)
Those provisions are—
(a)
section 73(4) and (5);
(b)
section 74(4) to (6);
(c)
section 83;
(d)
paragraphs 14 to 23 and, so far as extending to Scotland, paragraph 25
20
of Schedule 10; and
(e)
so far as relating to the provisions falling within paragraph (d) above,
paragraph 1 of that Schedule and section 75.
91
Short title
This Act may be cited as the Serious Crime Act 2007.
25

53
Serious Crime Bill [HL]
Schedule 1 — Serious offences
Part 1 — Serious offences in England and Wales

Schedules
Schedule 1
Sections 2 and 3

Serious offences
Part 1
Serious offences in England and Wales
5
Drug trafficking
1     (1)
An offence under any of the following provisions of the Misuse of Drugs Act
1971 (c. 38)—
(a)
section 4(2) or (3) (unlawful production or supply of controlled
drugs);
10
(b)
section 5(3) (possession of controlled drug with intent to supply);
(c)
section 8 (permitting etc. certain activities relating to controlled
drugs);
(d)
section 20 (assisting in or inducing the commission outside the
United Kingdom of an offence punishable under a corresponding
15
law).
      (2)
An offence under any of the following provisions of the Customs and Excise
Management Act 1979 (c. 2) if it is committed in connection with a
prohibition or restriction on importation or exportation which has effect by
virtue of section 3 of the Misuse of Drugs Act 1971—
20
(a)
section 50(2) or (3) (improper importation of goods);
(b)
section 68(2) (exportation of prohibited or restricted goods);
(c)
section 170 (fraudulent evasion of duty etc.).
      (3)
An offence under either of the following provisions of the Criminal Justice
(International Co-operation) Act 1990 (c. 5)—
25
(a)
section 12 (manufacture or supply of a substance for the time being
specified in Schedule 2 to that Act);
(b)
section 19 (using a ship for illicit traffic in controlled drugs).
People trafficking
2     (1)
An offence under section 25, 25A or 25B of the Immigration Act 1971 (c. 77)
30
(assisting unlawful immigration etc.).
      (2)
An offence under any of sections 57 to 59 of the Sexual Offences Act 2003
(c. 42) (trafficking for sexual exploitation).
      (3)
An offence under section 4 of the Asylum and Immigration (Treatment of
Claimants, etc.) Act 2004 (c. 19) (trafficking people for exploitation).
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Serious Crime Bill [HL]
Schedule 1 — Serious offences
Part 1 — Serious offences in England and Wales
54

Arms trafficking
3     (1)
An offence under either of the following provisions of the Customs and
Excise Management Act 1979 (c. 2) if it is committed in connection with a
firearm or ammunition—
(a)
section 68(2) (exportation of prohibited or restricted goods);
5
(b)
section 170 (fraudulent evasion of duty etc.).
      (2)
An offence under section 3(1) of the Firearms Act 1968 (c. 27) (dealing etc. in
firearms or ammunition by way of trade or business without being
registered).
      (3)
In this paragraph “firearm” and “ammunition” have the same meanings as
10
in section 57 of the Firearms Act 1968.
Prostitution and child sex
4     (1)
An offence under section 33A of the Sexual Offences Act 1956 (c. 69)
(keeping a brothel used for prostitution).
      (2)
An offence under any of the following provisions of the Sexual Offences Act
15
2003 (c. 42)—
(a)
section 14 (arranging or facilitating commission of a child sex
offence);
(b)
section 48 (causing or inciting child prostitution or pornography);
(c)
section 49 (controlling a child prostitute or a child involved in
20
pornography);
(d)
section 50 (arranging or facilitating child prostitution or
pornography);
(e)
section 52 (causing or inciting prostitution for gain);
(f)
section 53 (controlling prostitution for gain).
25
Armed robbery etc.
5     (1)
An offence under section 8(1) of the Theft Act 1968 (c. 60) (robbery) where
the use or threat of force involves a firearm, an imitation firearm or an
offensive weapon.
      (2)
An offence at common law of an assault with intent to rob where the assault
30
involves a firearm, imitation firearm or an offensive weapon.
      (3)
In this paragraph—
“firearm” has the meaning given by section 57(1) of the Firearms Act
1968;
“imitation firearm” has the meaning given by section 57(4) of that Act;
35
“offensive weapon” means any weapon to which section 141 of the
Criminal Justice Act 1988 (c. 33) (offensive weapons) applies.
Money laundering
6
An offence under any of the following provisions of the Proceeds of Crime
Act 2002 (c. 29)—
40
(a)
section 327 (concealing etc. criminal property);
(b)
section 328 (facilitating the acquisition etc. of criminal property by or
on behalf of another);

Serious Crime Bill [HL]
Schedule 1 — Serious offences
Part 1 — Serious offences in England and Wales
55

(c)
section 329 (acquisition, use and possession of criminal property).
Fraud
7     (1)
An offence under section 17 of the Theft Act 1968 (c. 60) (false accounting).
      (2)
An offence under any of the following provisions of the Fraud Act 2006
(c. 35)—
5
(a)
section 1 (fraud by false representation, failing to disclose
information or abuse of position);
(b)
section 6 (possession etc. of articles for use in frauds);
(c)
section 7 (making or supplying articles for use in frauds);
(d)
section 9 (participating in fraudulent business carried on by sole
10
trader etc.);
(e)
section 11 (obtaining services dishonestly).
      (3)
An offence at common law of conspiracy to defraud.
Offences in relation to public revenue
8     (1)
An offence under section 170 of the Customs and Excise Management Act
15
1979 (c. 2) (fraudulent evasion of duty etc.) so far as not falling within
paragraph 1(2)(c) or 3(1)(b) above.
      (2)
An offence under section 72 of the Value Added Tax Act 1994 (c. 23)
(fraudulent evasion of VAT etc.).
      (3)
An offence under section 144 of the Finance Act 2000 (c. 17) (fraudulent
20
evasion of income tax).
      (4)
An offence under section 35 of the Tax Credits Act 2002 (c. 21) (tax credit
fraud).
      (5)
An offence at common law of cheating in relation to the public revenue.
Corruption and bribery
25
9     (1)
An offence under section 1 of the Public Bodies Corrupt Practices Act 1889
(c. 69) (corruption in public office).
      (2)
An offence which is the first or second offence under section 1(1) of the
Prevention of Corruption Act 1906 (c. 34) (corrupt transactions with agents
other than those of giving or using false etc. documents which intended to
30
mislead principal).
      (3)
An offence at common law of bribery.
Counterfeiting
10
An offence under any of the following provisions of the Forgery and
Counterfeiting Act 1981 (c. 45)—
35
(a)
section 14 (making counterfeit notes or coins);
(b)
section 15 (passing etc. counterfeit notes or coins);
(c)
section 16 (having custody or control of counterfeit notes or coins);
(d)
section 17 (making or having custody or control of counterfeiting
materials or implements).
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Serious Crime Bill [HL]
Schedule 1 — Serious offences
Part 1 — Serious offences in England and Wales
56

Blackmail
11    (1)
An offence under section 21 of the Theft Act 1968 (c. 60) (blackmail).
      (2)
An offence under section 12(1) or (2) of the Gangmasters (Licensing) Act
2004 (c. 11) (acting as a gangmaster other than under the authority of a
licence, possession of false documents, etc.).
5
Intellectual property
12    (1)
An offence under any of the following provisions of the Copyright, Designs
and Patents Act 1988 (c. 48)—
(a)
section 107(1)(a), (b), (d)(iv) or (e) (making, importing or distributing
an article which infringes copyright);
10
(b)
section 198(1)(a), (b) or (d)(iii) (making, importing or distributing an
illicit recording);
(c)
section 297A (making or dealing etc. in unauthorised decoders).
      (2)
An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (c. 26)
(unauthorised use of trade mark etc.).
15
Environment
13    (1)
An offence under section 1 of the Salmon and Freshwater Fisheries Act 1975
(c. 51) (fishing for salmon, trout or freshwater fish with prohibited
implements etc.).
      (2)
An offence under section 14 of the Wildlife and Countryside Act 1981 (c. 69)
20
(introduction of new species etc.).
      (3)
An offence under section 33 of the Environmental Protection Act 1990 (c. 43)
(prohibition on unauthorised or harmful deposit, treatment or disposal etc.
of waste).
      (4)
An offence under regulation 8 of the Control of Trade in Endangered Species
25
(Enforcement) Regulations 1997 (S.I. 1997/1372) (purchase and sale etc. of
endangered species and provision of false statements and certificates).
Inchoate offences
14    (1)
An offence of attempting or conspiring the commission of an offence
specified or described in this Part of this Schedule.
30
      (2)
An offence under Part 2 of this Act (encouraging or assisting) where the
offence (or one of the offences) which the person in question intends or
believes would be committed is an offence specified or described in this Part
of this Schedule.
      (3)
An offence of aiding, abetting, counselling or procuring the commission of
35
an offence specified or described in this Part of this Schedule.
      (4)
The references in sub-paragraphs (1) to (3) to offences specified or described
in this Part of this Schedule do not include the offence at common law of
conspiracy to defraud.

Serious Crime Bill [HL]
Schedule 1 — Serious offences
Part 2 — Serious offences in Northern Ireland
57

Earlier offences
15    (1)
This Part of this Schedule (apart from paragraph 14(2)) has effect, in its
application to conduct before the passing of this Act, as if the offences
specified or described in this Part included any corresponding offences
under the law in force at the time of the conduct.
5
      (2)
Paragraph 14(2) has effect, in its application to conduct before the passing of
this Act or before the coming into force of section 57 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.
10
Scope of offences
16
Where this Part of this Schedule refers to offences which are offences under
the law of England and Wales and another country, the reference is to be
read as limited to the offences so far as they are offences under the law of
England and Wales.
15
Part 2
Serious offences in Northern Ireland
Drug trafficking
17    (1)
An offence under any of the following provisions of the Misuse of Drugs Act
1971 (c. 38)—
20
(a)
section 4(2) or (3) (unlawful production or supply of controlled
drugs);
(b)
section 5(3) (possession of controlled drug with intent to supply);
(c)
section 8 (permitting etc. certain activities relating to controlled
drugs);
25
(d)
section 20 (assisting in or inducing the commission outside the
United Kingdom of an offence punishable under a corresponding
law).
      (2)
An offence under any of the following provisions of the Customs and Excise
Management Act 1979 (c. 2) if it is committed in connection with a
30
prohibition or restriction on importation or exportation which has effect by
virtue of section 3 of the Misuse of Drugs Act 1971—
(a)
section 50(2) or (3) (improper importation of goods);
(b)
section 68(2) (exportation of prohibited or restricted goods);
(c)
section 170 (fraudulent evasion of duty etc.).
35
      (3)
An offence under either of the following provisions of the Criminal Justice
(International Co-operation) Act 1990 (c. 5)—
(a)
section 12 (manufacture or supply of a substance for the time being
specified in Schedule 2 to that Act);
(b)
section 19 (using a ship for illicit traffic in controlled drugs).
40
People trafficking
18    (1)
An offence under section 25, 25A or 25B of the Immigration Act 1971 (c. 77)
(assisting unlawful immigration etc.).