Serious Crime Bill [HL]

House of Commons

Session 2006 - 07
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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)