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]
Schedule 3 — Listed Offences
Part 1 — Offences common to England and Wales and Northern Ireland
65

3
An offence under section 22 of that Act (using chloroform etc. 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.
4
But references in paragraphs 2 and 3 to any other person do not include
5
reference to the person whose act is capable of encouraging or assisting the
commission of the offence under section 21 or, as the case may be, section 22
of that Act.
Aliens Restriction (Amendment) Act 1919 (c. 92)
5
An offence under section 3(1) of the Aliens Restriction (Amendment) Act
10
1919 (acts calculated or likely to cause sedition or disaffection amongst HM
forces etc.) consisting in attempting an act calculated or likely to cause
sedition or disaffection in contravention of that subsection.
6
An offence under section 3(2) of that Act (promoting or attempting to
promote industrial unrest) consisting in attempting to promote industrial
15
unrest in contravention of that subsection.
Official Secrets Act 1920 (c. 75)
7
An offence under section 7 of the Official Secrets Act 1920 (soliciting etc.
commission of an offence under that Act or the Official Secrets Act 1911).
Incitement to Disaffection Act 1934 (c. 56)
20
8
An offence under section 1 of the Incitement to Disaffection Act 1934
(endeavouring to seduce members of HM forces from their duty or
allegiance).
Misuse of Drugs Act 1971 (c. 38)
9
An offence under section 19 of the Misuse of Drugs Act 1971 (inciting any
25
other offence under that Act).
10
An offence under section 20 of that Act (assisting or inducing commission
outside United Kingdom of offence punishable under corresponding law).
Immigration Act 1971 (c. 77)
11
An offence under section 25 of the Immigration Act 1971 (assisting unlawful
30
immigration to a member State).
12
An offence under section 25B of that Act (assisting entry to the United
Kingdom in breach of deportation or exclusion order).
Representation of the People Act 1983 (c. 2)
13
An offence under section 97(1) of the Representation of the People Act 1983
35
(public meetings) consisting in the incitement of others to act in a disorderly
manner for the purpose of preventing at a lawful public meeting to which
that section applies the transaction of the business for which the meeting
was called.

Serious Crime Bill [HL]
Schedule 3 — Listed Offences
Part 1 — Offences common to England and Wales and Northern Ireland
66

Computer Misuse Act 1990 (c. 18)
14
An offence under section 3A(1) of the Computer Misuse Act 1990 (making
etc. article intending it to be used to commit, or to assist in the commission
of, an offence under section 1 or 3 of that Act).
15
An offence under section 3A(2) of that Act (supply or offer to supply article
5
believing it is likely to be used to commit, or to assist in the commission of,
an offence under section 1 or 3 of that Act).
16
An offence under section 3A(3) of that Act (obtaining an article with a view
to its being supplied for use to commit, or to assist in the commission of, an
offence under section 1 or 3 of that Act).
10
Criminal Justice Act 1993 (c. 36)
17
An offence under section 52(2)(a) of the Criminal Justice Act 1993
(encouraging insider dealing).
Reserve Forces Act 1996 (c. 14)
18
An offence under section 101 of the Reserve Forces Act 1996 (inducing a
15
person to desert or absent himself).
Landmines Act 1998 (c. 33)
19
An offence under section 2(2) of the Landmines Act 1998 (encouraging,
assisting or inducing an offence under section 2(1) of that Act).
Terrorism Act 2006 (c. 11)
20
20
An offence under section 1(2) of the Terrorism Act 2006 (encouraging
terrorism).
21
An offence under section 2(1) of that Act (disseminating terrorist
publications).
22
An offence under section 5 of that Act (engaging in conduct in preparation
25
for giving effect to intention to commit or assisting another to commit acts of
terrorism).
23
An offence under section 6(1) of that Act (provision of instruction or training
knowing that a person trained or instructed intends to use the skills obtained
for or in connection with the commission of acts of terrorism or for assisting
30
the commission or preparation of such acts by others).
24
An offence under section 6(2) of that Act as a result of paragraph (b)(ii) of
that subsection (receipt of instruction or training intending to use the skills
obtained for assisting the commission or preparation of acts of terrorism by
others).
35

Serious Crime Bill [HL]
Schedule 3 — Listed Offences
Part 2 — Offences under particular enactments: England and Wales
67

Part 2
Offences under particular enactments: England and Wales
Public Meeting Act 1908 (c. 66)
25
An offence under section 1(2) of the Public Meeting Act 1908 (inciting others
to commit offences under that section).
5
Perjury Act 1911 (c. 6)
26
An offence under section 7(2) of the Perjury Act 1911 (inciting a person to
commit an offence under that Act).
Prison Act 1952 (c. 52)
27
An offence under section 39(1) of the Prison Act 1952 (assisting a prisoner to
10
escape).
Criminal Law Act 1967 (c. 58)
28
An offence under section 4(1) of the Criminal Law Act 1967 (assisting
persons who have committed an offence).
29
An offence under section 5(1) of that Act (accepting or agreeing to accept
15
consideration for not disclosing information about an offence).
Greater London Council (General Powers) Act 1973 (c. xxx)
30
An offence under section 13 of the Greater London Council (General
Powers) Act 1973 (assaults etc. on officers) consisting in the aiding or inciting
of any person to assault, resist or obstruct an officer of the Thames Water
20
Authority duly exercising or performing any power or duty under a section
or byelaw mentioned in that section.
Greater London Council (General Powers) Act 1974 (c. xxiv)
31
An offence under section 21(6) of the Greater London Council (General
Powers) Act 1974 (assaults etc. on officers of a borough council) consisting
25
in the aiding or inciting of any person to assault, resist or obstruct an officer
of a borough council duly exercising or performing any power or duty
under section 21 of that Act.
Criminal Law Act 1977 (c. 45)
32
An offence under section 1(1) of the Criminal Law Act 1977 (conspiracy).
30
Criminal Attempts Act 1981 (c. 47)
33
An offence under section 1(1) of the Criminal Attempts Act 1981 (attempting
to commit an offence).

Serious Crime Bill [HL]
Schedule 3 — Listed Offences
Part 4 — Offences under particular enactments: Northern Ireland
68

Public Order Act 1986 (c. 64)
34
An offence under section 12(6) of the Public Order Act 1986 (inciting
commission of offences under section 12(5) of that Act).
35
An offence under section 13(9) of that Act (inciting commission of offences
under section 13(8) of that Act).
5
36
An offence under section 14(6) of that Act (inciting commission of offences
under section 14(5) of that Act).
37
An offence under section 14B(3) of that Act (inciting commission of offences
under section 14B(2) of that Act).
Terrorism Act 2000 (c. 11)
10
38
An offence under section 59 of the Terrorism Act 2000 (inciting in England
and Wales the commission of acts of terrorism outside the United Kingdom).
Part 3
Other offences: England and Wales
39
An offence of conspiracy falling within section 5(2) or (3) of the Criminal
15
Law Act 1977 (c. 45) (forms of conspiracy not affected by abolition of offence
of conspiracy at common law).
40    (1)
An attempt under a special statutory provision.
      (2)
Sub-paragraph (1) is to be read with section 3 of the Criminal Attempts Act
1981 (c. 47).
20
Part 4
Offences under particular enactments: Northern Ireland
Prison Act (Northern Ireland) 1953 (c. 18)
41
An offence under section 29(a) of the Prison Act (Northern Ireland) 1953
(rescuing or assisting a person sentenced to imprisonment for life, or in
25
lawful custody for an offence carrying that sentence, to escape or attempt to
escape) so far as it consists in assisting a person.
42
An offence under section 30(a) of that Act (rescuing or assisting a person
sentenced to imprisonment for a term less than life, or in lawful custody for
an offence carrying such a sentence, to escape or attempt to escape) so far as
30
it consists in assisting a person.
Criminal Law Act (Northern Ireland) 1967 (c. 18)
43
An offence under section 4(1) of the Criminal Law Act (Northern Ireland)
1967 (assisting persons who have committed an offence).
Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I.19))
35
44
An offence under Article 12(2) of the Perjury (Northern Ireland) Order 1979
(inciting a person to commit an offence under that Order).

Serious Crime Bill [HL]
Schedule 4 — Extra-territoriality
69

Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13))
45
An offence under Article 3(1) of the Criminal Attempts and Conspiracy
(Northern Ireland) Order 1983 (attempting to commit an offence).
46
An offence under Article 9(1) of that Order (conspiracy).
Public Processions (Northern Ireland) Act 1998 (c. 2)
5
47
An offence under section 8(8) of the Public Processions (Northern Ireland)
Act 1998 (inciting commission of offences under section 8(7) of that Act).
48
An offence under section 9A(8) of that Act (inciting commission of offences
under section 9A of that Act).
Terrorism Act 2000 (c. 11)
10
49
An offence under section 60 of the Terrorism Act 2000 (inciting in Northern
Ireland the commission of acts of terrorism outside the United Kingdom).
Part 5
Other offences: Northern Ireland
50
An offence of conspiracy falling within Article 13(2) or (3) of the Criminal
15
Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120
(N.I.13)) (forms of conspiracy not affected by abolition of offence of
conspiracy at common law).
Schedule 4
Section 50(2)

Extra-territoriality
20
1     (1)
This paragraph applies if—
(a)
any relevant behaviour of D’s takes place wholly or partly in
England or Wales;
(b)
D knows or believes that what he anticipates might take place wholly
or partly in a place outside England and Wales; and
25
(c)
either—
(i)
the anticipated offence is one that would be triable under the
law of England and Wales if it were committed in that place;
or
(ii)
if there are relevant conditions, it would be so triable if it
30
were committed there by a person who satisfies the
conditions.
      (2)
“Relevant condition” means a condition that—
(a)
determines (wholly or in part) whether an offence committed
outside England and Wales is nonetheless triable under the law of
35
England and Wales; and
(b)
relates to the citizenship, nationality or residence of the person who
commits it.

Serious Crime Bill [HL]
Schedule 5 — Amendments relating to service law
70

2     (1)
This paragraph applies if—
(a)
paragraph 1 does not apply;
(b)
any relevant behaviour of D’s takes place wholly or partly in
England or Wales;
(c)
D knows or believes that what he anticipates might take place wholly
5
or partly in a place outside England and Wales; and
(d)
what D anticipates would amount to an offence under the law in
force in that place.
      (2)
The condition in sub-paragraph (1)(d) is to be taken to be satisfied unless,
not later than rules of court may provide, the defence serve on the
10
prosecution a notice—
(a)
stating that on the facts as alleged the condition is not in their opinion
satisfied;
(b)
showing their grounds for that opinion; and
(c)
requiring the prosecution to show that it is satisfied.
15
      (3)
The court, if it thinks fit, may permit the defence to require the prosecution
to show that the condition is satisfied without prior service of a notice under
sub-paragraph (2).
      (4)
In the Crown Court, the question whether the condition is satisfied is to be
decided by the judge alone.
20
      (5)
An act punishable under the law in force in any place outside England and
Wales constitutes an offence under that law for the purposes of this
paragraph, however it is described in that law.
3     (1)
This paragraph applies if—
(a)
any relevant behaviour of D’s takes place wholly outside England
25
and Wales;
(b)
D knows or believes that what he anticipates might take place wholly
or partly in a place outside England and Wales; and
(c)
D could be tried under the law of England and Wales if he committed
the anticipated offence in that place.
30
      (2)
For the purposes of sub-paragraph (1)(c), D is to be assumed to be able to
commit the anticipated offence.
4
In relation to an offence under section 44, a reference in this Schedule to the
anticipated offence is to be read as a reference to any of the offences specified
in the indictment.
35
Schedule 5
Section 58

Amendments relating to service law
Criminal Justice Act 1982 (c. 48)
1
In section 32 of the Criminal Justice Act 1982 (early release of prisoners), in
subsection (2A) for “incitement” substitute “encouragement and assistance”.
40

Serious Crime Bill [HL]
Schedule 5 — Amendments relating to service law
71

Sexual Offences (Amendment) Act 1992 (c. 34)
2
In section 6 of the Sexual Offences (Amendment) Act 1992 (interpretation),
in subsection (1A) for “incitement” substitute “encouragement and
assistance”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
5
3
In section 114 of the Powers of Criminal Courts (Sentencing) Act 2000
(offences under service law), in subsection (3) for “incitement” substitute
“encouragement and assistance”.
Sexual Offences Act 2003 (c. 42)
4     (1)
The Sexual Offences Act 2003 is amended as follows.
10
      (2)
In paragraph 93A of Schedule 3 (sexual offences for purposes of Part 2), in
sub-paragraph (3) for “incitement” substitute “encouragement and
assistance”.
      (3)
In paragraph 172A of Schedule 5 (other offences for purposes of Part 2), in
sub-paragraph (2) for “incitement” substitute “encouragement and
15
assistance”.
Criminal Justice Act 2003 (c. 44)
5
In section 233 of the Criminal Justice Act 2003 (offences under service law),
in subsection (2) for “incitement” substitute “encouragement and
assistance”.
20
Gambling Act 2005 (c. 19)
6
In Part 1 of Schedule 7 to the Gambling Act 2005 (relevant offences), in
paragraph 22A for “incitement” substitute “encouragement and assistance”.
Armed Forces Act 2006 (c. 52)
7
The Armed Forces Act 2006 is amended as follows.
25
8
In section 39 (attempts), in subsection (4)(b) for “inciting another person to
commit” substitute “encouraging or assisting the commission of”.
9
For section 40 (incitement) substitute—
“40
Encouraging and assisting
(1)
A person subject to service law commits an offence if he encourages
30
or assists the commission of a service offence (other than an offence
under section 42).
(2)
A civilian subject to service discipline commits an offence if he
encourages or assists the commission of an offence mentioned in
section 39(4).
35
(3)
Reference in this section to encouraging or assisting the commission
of an offence is to the doing of an act that would have constituted an
offence under Part 2 of the Serious Crime Act 2007 if the offence