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 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