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Serious Crime Bill [HL]


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

72

 

encouraged or assisted had been an offence under the law of England

and Wales.

(4)   

In determining whether an act would have constituted an offence

under that Part, section 47(4) of that Act has effect as if for “offences

under this Part and listed offences” it read “offences under sections

5

39 and 40 of the Armed Forces Act 2006”.

(5)   

Any requirement in that Part to specify matters in an indictment

applies for the purposes of this section as it applies for the purposes

of that Part, but with references to the indictment being read as

references to the charge sheet.

10

(6)   

A person guilty of an offence under this section is liable to the same

punishment as he would be liable to if guilty of—

(a)   

the service offence encouraged or assisted; or

(b)   

if convicted of the offence under this section by reference to

more than one such service offence, any one of those service

15

offences.”

10         

Accordingly, in the heading immediately before section 39 for “incitement”

substitute “encouragement and assistance”.

11         

For section 46 (inciting criminal conduct) substitute—

“46     

Encouraging or assisting criminal conduct

20

(1)   

Subsection (2) applies if a person subject to service law, or a civilian

subject to service discipline, encourages or assists the doing of an act

(or one or more of a number of acts) that, if done in England or Wales,

would be punishable by the law of England and Wales.

(2)   

Regardless of where that act (or those acts) might be done and of his

25

state of mind with respect to that question, his encouragement or

assistance shall be treated for the purposes of section 42(1) as an act

that is punishable by the law of England and Wales (so far as it is not

such an act in any event).

(3)   

Reference in this section to encouraging or assisting is to an act that

30

would constitute an offence under Part 2 of the Serious Crime Act

2007 disregarding any provision in that Part about the place where

the act (or acts) being encouraged or assisted might be done or the

accused’s state of mind with respect to that question.”

12         

In section 48 (provision supplementary to sections 43 to 47), in subsection

35

(1)(a) for “incitement” substitute “encouragement or assistance”.

13         

In Schedule 2 (list of serious offences)—

(a)   

in paragraph 11 for “inciting another person to commit” substitute

“encouraging or assisting the commission of”;

(b)   

in paragraph 13 for “of incitement to commit” substitute “under Part

40

2 of the Serious Crime Act 2007 of encouraging or assisting the

commission of”.

 

 

Serious Crime Bill [HL]
Schedule 6 — Minor and consequential amendments: Part 2
Part 1 — References to common law offence of incitement

73

 

Schedule 6

Section 61(1) and (2)

 

Minor and consequential amendments: Part 2

Part 1

References to common law offence of incitement

1          

Section 30(4) of the Theft Act 1968 (c. 60) (restriction of proceedings against

5

spouses and civil partners).

2          

Section 1B(2) of the Biological Weapons Act 1974 (c. 6) (Revenue and

Customs prosecutions).

3          

Section 17(1) of the Industry Act 1975 (c. 68) (no criminal proceedings to lie

in respect of contravention of a prohibition order).

10

4          

Section 7(2)(ix) of the Sexual Offences (Amendment) Act 1976 (c. 82)

(meaning of “rape offence” in relation to court martial proceedings).

5          

In the Magistrates’ Courts Act 1980 (c. 43)—

(a)   

section 22(11)(b) (aggregation of value in relation to charges

involving two or more scheduled offences);

15

(b)   

section 103(2)(d) (written statement of child admissible in committal

proceedings for certain offences);

(c)   

paragraph 2 of Schedule 2 (offences for which the value involved is

relevant to the mode of trial).

6          

Article 8(1A) of the Criminal Justice (Northern Ireland) Order 1980 (S.I.

20

1980/704 (N.I.6)) (driving disqualification where vehicle used for the

purposes of crime).

7          

In the Betting and Gaming Duties Act 1981 (c. 63)—

(a)   

section 9(5) (prohibitions for protection of revenue);

(b)   

section 9A(4) (prohibitions for protection of revenue: overseas

25

brokers).

8          

In section 32(1) of the Criminal Justice Act 1982 (c. 48) (early release of

prisoners)—

(a)   

paragraph (b)(iv) (imprisonment for excluded offence etc.);

(b)   

paragraph (c)(iv) (imprisonment for service offence corresponding

30

to excluded offence etc.), inserted by paragraph 94(2) of Schedule 16

to the Armed Forces Act 2006 (c. 52).

9          

Section 80(3)(c) of the Police and Criminal Evidence Act 1984 (c. 60)

(compellability of accused’s spouse or civil partner).

10         

Section 49(4) of the Airports Act 1986 (c. 31) (no criminal proceedings to lie

35

in respect of contravention of compliance order).

11         

Section 12(6)(a) of the Outer Space Act 1986 (c. 38) (offences).

12         

Section 30(4) of the Gas Act 1986 (c. 44) (no criminal proceedings to lie in

respect of contravention of final or provisional order).

13         

Section 7(1) of the Public Order Act 1986 (c. 64) (consent of DPP to

40

prosecution).

 

 

Serious Crime Bill [HL]
Schedule 6 — Minor and consequential amendments: Part 2
Part 1 — References to common law offence of incitement

74

 

14         

Section 2(3)(ba) of the Ministry of Defence Police Act 1987 (c. 4) (jurisdiction

of members of MoD police).

15         

In the Road Traffic Offenders Act 1988 (c. 53)—

(a)   

section 28(2) (penalty points to be attributed to an offence);

(b)   

section 34(5) (disqualification for certain offences);

5

(c)   

section 35(5A) (disqualification for repeated offences).

16         

Paragraph 2(a) of Schedule 1 to the Football Spectators Act 1989 (c. 37)

(offences).

17         

Article 79(3)(c) of the Police and Criminal Evidence (Northern Ireland)

Order 1989 (S.I. 1989/1341 (N.I.12)) (compellability of accused’s spouse or

10

civil partner).

18         

In the Aviation and Maritime Security Act 1990 (c. 31)—

(a)   

section 11(3)(b) (destroying ships or fixed platforms or endangering

their safety);

(b)   

section 15(2)(c) (master’s power of delivery).

15

19         

In the Criminal Justice Act 1991 (c. 53)—

(a)   

section 53(7) (cases involving children in which notice of transfer

may be given);

(b)   

section 86A(4) (offences in respect of which prisoner custody officers

have powers in relation to persons other than prisoners).

20

20         

In the Sexual Offences (Amendment) Act 1992 (c. 34)—

(a)   

subsections (1)(g) and (3)(k) of section 2 (offences to which Act

applies);

(b)   

section 6(2A) (person who is to be treated as person against whom

inchoate offences are committed).

25

21         

Section 12(7) of the Finance Act 1994 (c. 9) (offences of fraud and

dishonesty).

22         

Section 9A(4) of the Criminal Justice and Public Order Act 1994 (c. 33)

(offences in respect of which custody officers at contracted out secure

training centres have powers in relation to persons other than those detained

30

in the centre).

23         

Paragraph (b) of the definition of “specified offence” in section 60(6) of the

Drug Trafficking Act 1994 (c. 37) (Revenue and Customs prosecutions).

24         

Article 40(4) of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426

(N.I.1)) (no criminal proceedings to lie in respect of contravention of

35

compliance order).

25         

Article 4(1A) and (7) of the Children’s Evidence (Northern Ireland) Order

1995 (S.I. 1995/757 (N.I.3)) (cases involving children in which notice of

transfer may be given).

26         

Section 30A(2) of the Chemical Weapons Act 1996 (c. 6) (Revenue and

40

Customs prosecutions).

27         

Section 29(6)(i) of the Criminal Procedure and Investigations Act 1996 (c. 25)

(meaning of “terrorism offence” for purpose of requirement to hold

preparatory hearing).

 

 

Serious Crime Bill [HL]
Schedule 6 — Minor and consequential amendments: Part 2
Part 1 — References to common law offence of incitement

75

 

28         

In the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299

(N.I.9))—

(a)   

paragraph (h) of the definition of “drug trafficking offence” in Article

2(2) (interpretation);

(b)   

paragraph (b) of the definition of “specified offence” in Article 55

5

(Revenue and Customs prosecutions).

29         

In the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320

(N.I.10))—

(a)   

Article 30(2) (penalty points to be attributed to an offence);

(b)   

Article 35(6) (disqualification for certain offences);

10

(c)   

Article 40(7) (disqualification for repeated offences).

30         

Paragraph 8 of the Schedule to the Sexual Offences (Protected Material) Act

1997 (c. 39) (sexual offences for the purposes of that Act).

31         

Section 14(2)(d) of the Northern Ireland (Sentences) Act 1998 (c. 35)

(inadmissibility).

15

32         

Section 51C(3)(e) of the Crime and Disorder Act 1998 (c. 37) (notices in

certain cases involving children).

33         

Section 62(2) of the Youth Justice and Criminal Evidence Act 1999 (c. 23)

(meaning of “sexual offence” and other references to offences).

34         

Article 3(2) of the Criminal Evidence (Northern Ireland) Order 1999 (S.I.

20

1999/2789 (N.I.8)) (meaning of “sexual offence” and other references to

offences).

35         

Section 147(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

(driving disqualification where vehicle used for purposes of crime).

36         

Paragraph 3(t)(i) of Schedule 4 to the Criminal Justice and Court Services Act

25

2000 (c. 43) (meaning of “offence against a child”).

37         

Section 34(1)(g) of the Criminal Justice and Police Act 2001 (c. 16) (meaning

of “drug trafficking offence”).

38         

Sections 55(1)(b) and 62(1)(b) of the International Criminal Court Act 2001

(c. 17) (meaning of “ancillary offence”).

30

39         

Section 53(2) of the Anti-terrorism, Crime and Security Act 2001 (c. 24)

(Revenue and Customs prosecutions).

40         

In the Proceeds of Crime Act 2002 (c. 29)—

(a)   

section 340(11)(b) (interpretation of Part 7: money laundering);

(b)   

section 415(2)(a) (money laundering offences for purposes of Part 8:

35

investigations);

(c)   

section 447(9)(b) (interpretation of Part 11: national and international

co-operation);

(d)   

section 451(6)(c) (Revenue and Customs prosecutions).

41         

Section 4 of the Dealing in Cultural Objects (Offences) Act 2003 (c. 27)

40

(Revenue and Customs prosecutions).

42         

Section 142(7)(a) of the Extradition Act 2003 (c. 41) (extradition from

category 1 territory to the United Kingdom).

 

 

Serious Crime Bill [HL]
Schedule 6 — Minor and consequential amendments: Part 2
Part 2 — Other minor and consequential amendments

76

 

43         

Paragraph 3(a) of Schedule 2 to the Sexual Offences Act 2003 (c. 42) (sexual

offences to which section 72 of that Act applies).

44         

In the Criminal Justice Act 2003 (c. 44)—

(a)   

in Schedule 15 (specified violent and sexual offences for the purposes

of Chapter 5 of Part 12 of that Act), paragraphs 64(a) and 153(3);

5

(b)   

in Schedule 17 (Northern Ireland violent and sexual offences

specified for the purposes of section 229(4) of that Act), paragraphs

61(a) and 110(a).

45         

Paragraph 3(i)(i) of the Schedule to the Protection of Children and

Vulnerable Adults (Northern Ireland) Order 2003 (S.I. 2003/417 (N.I.4))

10

(meaning of “offence against a child”).

46         

Section 14 of the Gangmasters (Licensing) Act 2004 (c. 11) (enforcement

officer’s power of arrest).

47         

Section 76(3)(p) of the Serious Organised Crime and Police Act 2005 (c. 15)

(offences giving rise to financial reporting order).

15

48         

Paragraph 12(b) of Schedule 1 to the Terrorism Act 2006 (c. 11) (Convention

offences).

Part 2

Other minor and consequential amendments

Misuse of Drugs Act 1971 (c. 38)

20

49         

In section 19 of the Misuse of Drugs Act 1971 for “such an offence” substitute

“an offence under any other provision of this Act”.

Criminal Law Act 1977 (c. 45)

50         

In section 5 of the Criminal Law Act 1977 (effects of creation of statutory

offence of conspiracy) omit subsection (7).

25

Magistrates’ Courts Act 1980 (c. 43)

51    (1)  

The Magistrates’ Courts Act 1980 is amended as follows.

      (2)  

In section 32(1) (penalties for offences triable either way as a result of

Schedule 1 to that Act) omit paragraph (b).

      (3)  

Omit section 45.

30

      (4)  

In Schedule 1 (offences triable either way) omit paragraph 35.

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26))

52         

Omit Article 60(1) of the Magistrates’ Courts (Northern Ireland) Order 1981.

Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13))

53         

In Article 13 of the Criminal Attempts and Conspiracy (Northern Ireland)

35

Order 1983 (effects of creation of statutory offence of conspiracy) omit

paragraph (8).

 

 

Serious Crime Bill [HL]
Schedule 6 — Minor and consequential amendments: Part 2
Part 2 — Other minor and consequential amendments

77

 

Public Order Act 1986 (c. 64)

54    (1)  

The Public Order Act 1986 is amended as follows.

      (2)  

In each of the provisions mentioned in sub-paragraph (3) omit the words

from “notwithstanding” to the end.

      (3)  

The provisions are—

5

(a)   

section 12(10);

(b)   

section 13(13);

(c)   

section 14(10);

(d)   

section 14B(7).

Computer Misuse Act 1990 (c. 18)

10

55    (1)  

The Computer Misuse Act 1990 is amended as follows.

      (2)  

In section 6 (incitement) omit subsection (3).

      (3)  

In section 7 (territorial scope of inchoate offences related to offences under

external law corresponding to offences under the Act) omit subsection (4).

      (4)  

In section 8(3) (relevance of external law) omit “or by virtue of section 7(4)

15

above”.

      (5)  

In section 9(2) (offences in relation to which British citizenship is immaterial)

omit paragraph (d).

      (6)  

In section 16(4) (application to Northern Ireland) omit the words from “and

any reference” to the end.

20

International Criminal Court Act 2001 (c. 17)

56    (1)  

The International Criminal Court Act 2001 is amended as follows.

      (2)  

In section 55 (meaning of ancillary offence: England and Wales) omit

subsection (3).

      (3)  

In section 62 (meaning of ancillary offence: Northern Ireland) omit

25

subsection (3).

Proceeds of Crime Act 2002 (c. 29)

57         

After sub-paragraph (1) in each of paragraph 10 of Schedule 2 to the

Proceeds of Crime Act 2002 and paragraph 10 of Schedule 5 to that Act

(inchoate offences which are lifestyle offences) insert the following sub-

30

paragraph—

   “(1A)  

An offence under section 42 of the Serious Crime Act 2007 of doing

an act capable of encouraging or assisting the commission of an

offence specified in this Schedule.”

Sexual Offences Act 2003 (c. 42)

35

58    (1)  

The Sexual Offences Act 2003 is amended as follows.

      (2)  

In Schedule 3 (sexual offences for the purposes of Part 2 of that Act), after

 

 

Serious Crime Bill [HL]
Schedule 6 — Minor and consequential amendments: Part 2
Part 2 — Other minor and consequential amendments

78

 

paragraph 94, insert—

“94A       

A reference in a preceding paragraph to an offence (“offence A”)

includes a reference to an offence under Part 2 of the Serious

Crime Act 2007 in relation to which offence A is the offence (or one

of the offences) which the person intended or believed would be

5

committed.”

      (3)  

In Schedule 5 (other offences which are relevant for the purposes of Part 2 of

the Act), after paragraph 173, insert—

“173A      

A reference in a preceding paragraph to an offence (“offence A”)

includes a reference to an offence under Part 2 of the Serious

10

Crime Act 2007 in relation to which offence A is the offence (or one

of the offences) which the person intended or believed would be

committed.”

Serious Organised Crime and Police Act 2005 (c. 15)

59    (1)  

The Serious Organised Crime and Police Act 2005 is amended as follows.

15

      (2)  

In section 136 (penalties in relation to demonstrations in the vicinity of

Parliament) for subsection (4) substitute—

“(4)   

A person who is guilty of an offence under section 42 or 43 of the

Serious Crime Act 2007 in relation to which an offence mentioned in

subsection (1), (2) or (3) is the anticipated offence (as defined by

20

section 45(9) of that Act) is liable on summary conviction to

imprisonment for a term not exceeding 51 weeks, to a fine not

exceeding level 4 on the standard scale or to both.

(4A)   

If a person is guilty of an offence under section 44 of that Act by

reference to an offence mentioned in subsection (1), (2) or (3), the

25

maximum term of imprisonment applicable for the purposes of

section 56(6) of that Act to the offence so mentioned is a term not

exceeding 51 weeks.”

      (3)  

In section 175(3) (transitional modification of penalties for summary

offences in England and Wales) in the table, for the entry relating to section

30

136(4) substitute—

 

“section 136(4)

3 months

 
 

section

3 months”.

 
 

136(4A)

  
 

 

 
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