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Serious Crime Bill [HL]


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

58

 

      (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).

Arms trafficking

5

19    (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);

(b)   

section 170 (fraudulent evasion of duty etc.).

10

      (2)  

An offence under Article 24 of the Firearms (Northern Ireland) Order 2004

(S.I. 2004/702 (N.I.3)) (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

in Article 2(2) of the Firearms (Northern Ireland) Order 2004.

15

Prostitution and child sex

20    (1)  

An offence under section 13(1) of the Criminal Law Amendment Act 1885 (c.

69) (keeping a brothel used for prostitution).

      (2)  

An offence under any of the following provisions of the Sexual Offences Act

2003

20

(a)   

section 48 (causing or inciting child prostitution or pornography);

(b)   

section 49 (controlling a child prostitute or a child involved in

pornography);

(c)   

section 50 (arranging or facilitating child prostitution or

pornography);

25

(d)   

section 52 (causing or inciting prostitution for gain);

(e)   

section 53 (controlling prostitution for gain).

Armed robbery etc.

21    (1)  

An offence under section 8(1) of the Theft Act (Northern Ireland) 1969 (c. 16

(N.I.)) (robbery) where the use or threat of force involves a firearm, an

30

imitation firearm or an offensive weapon.

      (2)  

An offence at common law of an assault with intent to rob where the assault

involves a firearm, imitation firearm or an offensive weapon.

      (3)  

In this paragraph—

“firearm” and “imitation firearm” have the meaning given by Article

35

2(2) of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702

(N.I.3));

“offensive weapon” means any weapon to which section 141 of the

Criminal Justice Act 1988 (c. 33) (offensive weapons) applies.

Money laundering

40

22         

An offence under any of the following provisions of the Proceeds of Crime

Act 2002 (c. 29)—

 

 

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

59

 

(a)   

section 327 (concealing etc. criminal property);

(b)   

section 328 (facilitating the acquisition etc. of criminal property by or

on behalf of another);

(c)   

section 329 (acquisition, use and possession of criminal property).

Fraud

5

23    (1)  

An offence under section 17 of the Theft Act (Northern Ireland) 1969 (c. 16

(N.I.)) (false accounting).

      (2)  

An offence under any of the following provisions of the Fraud Act 2006

(c. 35)—

(a)   

section 1 (fraud by false representation, failing to disclose

10

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

trader etc.);

15

(e)   

section 11 (obtaining services dishonestly).

      (3)  

An offence at common law of conspiracy to defraud.

Offences in relation to public revenue

24    (1)  

An offence under section 170 of the Customs and Excise Management Act

1979 (c. 2) (fraudulent evasion of duty etc.) so far as not falling within

20

paragraph 17(2)(c) or 19(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

evasion of income tax).

25

      (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    (1)  

An offence under section 1 of the Public Bodies Corrupt Practices Act 1889

30

(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

mislead principal).

35

      (3)  

An offence at common law of bribery.

Counterfeiting

26         

An offence under any of the following provisions of the Forgery and

Counterfeiting Act 1981 (c. 45)—

(a)   

section 14 (making counterfeit notes or coins);

40

 

 

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

60

 

(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).

Blackmail

5

27    (1)  

An offence under section 20 of the Theft Act (Northern Ireland) 1969 (c. 16)

(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.).

10

Intellectual property

28    (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);

15

(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.).

20

Environment

29    (1)  

An offence under section 62 or 63 of the Fisheries Act (Northern Ireland)

1966 (c. 17 (N.I.)) (prohibition of certain methods of fishing).

      (2)  

An offence under Article 15 of the Wildlife (Northern Ireland) Order 1985

(S.I. 1985/171 (N.I.2)) (introduction of new species, etc.).

25

      (3)  

An offence under Article 4 of the Waste and Contaminated Land (Northern

Ireland) Order 1997 (S.I. 1997/2778 (N.I.19)) (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

(Enforcement) Regulations 1997 (S.I. 1997/1372) (purchase and sale etc. of

30

endangered species and provision of false statements and certificates).

Inchoate offences

30    (1)  

An offence of attempting or conspiring the commission of an offence

specified or described in this Part of this Schedule.

      (2)  

An offence under Part 2 of this Act (encouraging or assisting) where the

35

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

an offence specified or described in this Part of this Schedule.

40

 

 

Serious Crime Bill [HL]
Schedule 2 — Functions of applicant authorities under Part 1

61

 

      (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.

Earlier offences

31    (1)  

This Part of this Schedule (apart from paragraph 30(2)) has effect, in its

5

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.

      (2)  

Paragraph 30(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

10

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.

Scope of offences

32         

Where this Part of this Schedule refers to offences which are offences under

15

the law of Northern Ireland and another country, the reference is to be read

as limited to the offences so far as they are offences under the law of

Northern Ireland.

Schedule 2

Section 37

 

Functions of applicant authorities under Part 1

20

Director of Public Prosecutions

1          

The functions of the Director of Public Prosecutions under this Part are—

(a)   

to have the conduct of applications for serious crime prevention

orders in England and Wales or for their variation or discharge;

(b)   

to appear on any application made under section 17 or 18 by another

25

person for the variation or discharge of a serious crime prevention

order in England and Wales;

(c)   

to have the conduct of, or (as the case may be) appear in, any other

proceedings in connection with serious crime prevention orders

(whether proceedings on appeal, by virtue of section 27 or

30

otherwise);

(d)   

to give advice in connection with any proceedings or possible

proceedings in connection with serious crime prevention orders; and

(e)   

to do anything for the purposes of, or in connection with, the

functions in paragraphs (a) to (d).

35

2     (1)  

The Director may, to such extent as he may decide, delegate the exercise of

his functions under this Part to a Crown Prosecutor.

      (2)  

References in this Part to the Director are accordingly to be read, so far as

necessary for the purposes of sub-paragraph (1), as references to the Director

or any Crown Prosecutor.

40

3          

The functions of the Director under this Part are exercisable under the

superintendence of the Attorney General.

 

 

Serious Crime Bill [HL]
Schedule 2 — Functions of applicant authorities under Part 1

62

 

4     (1)  

The Code for Crown Prosecutors issued under section 10 of the Prosecution

of Offences Act 1985 (c. 23) (guidelines for Crown Prosecutors) may include

guidance by the Director on general principles to be applied by Crown

Prosecutors in determining in any case—

(a)   

whether to make an application for a serious crime prevention order

5

in England and Wales or for the variation or discharge of such an

order;

(b)   

whether to present a petition by virtue of section 27 of this Act; or

(c)   

where such an application has been made or petition presented,

whether the proceedings concerned should be discontinued.

10

      (2)  

Section 10(2) and (3) of that Act (power to make alterations in the Code and

duty to set out alterations in Director’s report) are to be read accordingly.

5          

Section 14 of that Act (power of Attorney General to make regulations about

fees of legal representatives and costs and expenses of witnesses) applies in

relation to proceedings in connection with serious crime prevention orders

15

and attendance for the purposes of such cases as it applies in relation to

criminal proceedings and attendance for the purposes of such cases.

Director of Revenue and Customs Prosecutions

6          

The functions of the Director of Revenue and Customs Prosecutions under

this Part are—

20

(a)   

to have the conduct of applications for serious crime prevention

orders in England and Wales or for their variation or discharge;

(b)   

to appear on any application made under section 17 or 18 by another

person for the variation or discharge of a serious crime prevention

order in England and Wales;

25

(c)   

to have the conduct of, or (as the case may be) appear in, any other

proceedings in connection with serious crime prevention orders

(whether proceedings on appeal, by virtue of section 27 or

otherwise);

(d)   

to give advice in connection with any proceedings or possible

30

proceedings in connection with serious crime prevention orders; and

(e)   

to do anything for the purposes of, or in connection with, the

functions in paragraphs (a) to (d).

7     (1)  

The Director may, to such extent as he may decide, delegate the exercise of

his functions under this Part to a Revenue and Customs Prosecutor.

35

      (2)  

References in this Part to the Director are accordingly to be read, so far as

necessary for the purposes of sub-paragraph (1), as references to the Director

or any Revenue and Customs Prosecutor.

8          

The functions of the Director under this Part are exercisable under the

superintendence of the Attorney General.

40

9          

The Director must have regard to the Code for Crown Prosecutors issued

under section 10 of the Prosecution of Offences Act 1985 (guidelines for

Crown Prosecutors) so far as it applies in relation to serious crime

prevention orders in England and Wales, and petitions and proceedings by

virtue of section 27 of this Act, by virtue of paragraph 4 above.

45

10         

Section 21 of the Commissioners for Revenue and Customs Act 2005 (c. 11)

(disclosure to prosecuting authority) has effect as if the purpose mentioned

 

 

Serious Crime Bill [HL]
Schedule 2 — Functions of applicant authorities under Part 1

63

 

in subsection (1)(b) included the purpose of enabling the Director to exercise

his functions under this Part.

11         

Section 41(1) of the Act of 2005 (disclosure of information to Director)

applies in relation to a purpose connected with a serious crime prevention

order or possible serious crime prevention order as it applies in relation to a

5

purpose connected with a specified investigation or prosecution.

Director of Serious Fraud Office

12         

The functions of the Director of the Serious Fraud Office under this Part

are—

(a)   

to have the conduct of applications for serious crime prevention

10

orders in England and Wales or for their variation or discharge;

(b)   

to appear on any application made under section 17 or 18 by another

person for the variation or discharge of a serious crime prevention

order in England and Wales;

(c)   

to have the conduct of, or (as the case may be) appear in, any other

15

proceedings in connection with serious crime prevention orders

(whether proceedings on appeal, by virtue of section 27 or

otherwise);

(d)   

to give advice in connection with any proceedings or possible

proceedings in connection with serious crime prevention orders; and

20

(e)   

to do anything for the purposes of, or in connection with, the

functions in paragraphs (a) to (d).

13    (1)  

The Director may, to such extent as he may decide, delegate the exercise of

his functions under this Part to a member of the Serious Fraud Office

designated under section 1(7) of the Criminal Justice Act 1987 (c. 38).

25

      (2)  

References in this Part to the Director are accordingly to be read, so far as

necessary for the purposes of sub-paragraph (1) above, as references to the

Director or any member of the Serious Fraud Office so designated.

14         

The functions of the Director under this Part are exercisable under the

superintendence of the Attorney General.

30

15         

Paragraph 8 of Schedule 1 to the Criminal Justice Act 1987 (power of

Attorney General to make regulations about fees of counsel and costs and

expenses of witnesses) applies in relation to proceedings in connection with

serious crime prevention orders and attendance for the purposes of such

cases as it applies in relation to criminal proceedings and attendance for the

35

purposes of such cases.

Director of Public Prosecutions for Northern Ireland

16         

The functions of the Director of Public Prosecutions for Northern Ireland

under this Part are—

(a)   

to have the conduct of applications for serious crime prevention

40

orders in Northern Ireland or for their variation or discharge;

(b)   

to appear on any application made under section 17 or 18 by another

person for the variation or discharge of a serious crime prevention

order in Northern Ireland;

(c)   

to have the conduct of, or (as the case may be) appear in, any other

45

proceedings in connection with serious crime prevention orders

 

 

Serious Crime Bill [HL]
Schedule 3 — Listed Offences
Part 1 — Offences common to England and Wales and Northern Ireland

64

 

(whether proceedings on appeal, by virtue of section 28 or

otherwise);

(d)   

to give advice in connection with any proceedings or possible

proceedings about serious crime prevention orders; and

(e)   

to do anything for the purposes of, or in connection with, the

5

functions in paragraphs (a) to (d).

17         

References in this Part to the Director are to be read, so far as necessary for

the purposes of functions delegated by him to Public Prosecutors, as

references to the Director or any Public Prosecutor.

18    (1)  

The Code for Public Prosecutors issued under section 37 of the Justice

10

(Northern Ireland) Act 2002 (c. 26) (guidelines for Public Prosecutors) may

include guidance by the Director on general principles to be applied by

Public Prosecutors in determining in any case—

(a)   

whether to make an application for a serious crime prevention order

in Northern Ireland or for the variation or discharge of such an order;

15

(b)   

whether to present a petition by virtue of section 28 of this Act; or

(c)   

where such an application has been made or petition presented,

whether the proceedings concerned should be discontinued.

      (2)  

Sections 37(4) and 39(2) of that Act (power to make alterations in the Code

and duty to set out alterations in Director’s report) are to be read

20

accordingly.

19         

Section 1 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10

(N.I.)) (expenses of prosecution) applies in relation to proceedings in

connection with serious crime prevention orders and attendance for the

purposes of such cases as it applies in relation to criminal proceedings and

25

attendance for the purposes of such cases.

Interpretation

20         

In this Schedule references to having the conduct of proceedings include

references to starting or discontinuing proceedings.

Schedule 3

30

Section 47(5)

 

Listed Offences

Part 1

Offences common to England and Wales and Northern Ireland

Offences against the Person Act 1861 (c. 100)

1          

An offence under section 4 of the Offences against the Person Act 1861

35

(solicitation etc. of murder).

2          

An offence under section 21 of that Act (attempting to choke etc. in order to

commit or assist in the committing of any indictable offence) so far as it may

be committed with the intention of enabling any other person to commit, or

assisting any other person in the commission of, an indictable offence.

40

 

 

 
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