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Serious Crime Bill [HL]


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

50

 

(d)   

section 52 (causing or inciting prostitution for gain);

(e)   

section 53 (controlling prostitution for gain).

Money laundering

19         

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

Act 2002 (c. 29)—

5

(a)   

section 327 (concealing etc. criminal property);

(b)   

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

on behalf of another).

Fraud

20    (1)  

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

10

(c. 35)—

(a)   

section 1 (fraud by false representation, failing to disclose

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);

15

(d)   

section 9 (participating in fraudulent business carried on by sole

trader etc.);

(e)   

section 11 (obtaining services dishonestly).

      (2)  

An offence at common law of conspiracy to defraud.

Corruption and bribery

20

21    (1)  

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

(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

25

mislead principal).

      (3)  

An offence at common law of bribery.

Counterfeiting

22         

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

Counterfeiting Act 1981 (c. 45)—

30

(a)   

section 14 (making counterfeit notes or coins);

(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).

35

Blackmail

23    (1)  

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

(blackmail).

 

 

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

51

 

      (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.).

Intellectual property

24    (1)  

An offence under any of the following provisions of the Copyright, Designs

5

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);

(b)   

section 198(1)(a), (b) or (d)(iii) (making, importing or distributing an

illicit recording);

10

(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.).

Environment

25    (1)  

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

15

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.).

      (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

20

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

endangered species and provision of false statements and certificates).

Inchoate offences

25

26    (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

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

30

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.

      (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

35

conspiracy to defraud.

Earlier offences

27    (1)  

This Part of this Schedule (apart from paragraph 26(2)) has effect, in its

application to conduct before the passing of this Act, as if the offences

specified or described in this Part included any corresponding offences

40

under the law in force at the time of the conduct.

 

 

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

52

 

      (2)  

Paragraph 26(2) has effect, in its application to conduct before the passing of

this Act or before the coming into force of section 54 of this Act, as if the

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.

5

Scope of offences

28         

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

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.

10

Schedule 2

Section 35

 

Functions of applicant authorities under Part 1

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

15

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

20

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

25

(e)   

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

functions in paragraphs (a) to (d).

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

30

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

or any Crown Prosecutor.

3          

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

superintendence of the Attorney General.

4     (1)  

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

35

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

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

40

order;

(b)   

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

 

 

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

53

 

(c)   

where such an application has been made or petition presented,

whether the proceedings concerned should be discontinued.

      (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

5

fees of legal representatives 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 purposes of such cases.

Director of Revenue and Customs Prosecutions

10

6          

The functions of the Director of Revenue and Customs 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

15

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

20

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).

25

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.

      (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.

30

8          

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

superintendence of the Attorney General.

9          

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

under section 10 of the Prosecution of Offences Act 1985 (c. 23) (guidelines

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

35

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

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

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

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

40

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

purpose connected with a specified investigation or prosecution.

45

 

 

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

54

 

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

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

5

(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

proceedings in connection with serious crime prevention orders

10

(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

(e)   

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

15

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).

      (2)  

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

20

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.

15         

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

25

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

purposes of such cases.

30

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

orders in Northern Ireland or for their variation or discharge;

35

(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

proceedings in connection with serious crime prevention orders

40

(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

45

functions in paragraphs (a) to (d).

 

 

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

55

 

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

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

5

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;

(b)   

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

10

(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

accordingly.

15

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

attendance for the purposes of such cases.

20

Interpretation

20         

In this Schedule references to having the conduct of proceedings include

references to starting or discontinuing proceedings.

Schedule 3

Section 44(5)

 

Listed Offences

25

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

(solicitation etc. of murder).

30

Aliens Restriction (Amendment) Act 1919 (c. 92)

2          

An offence under section 3(1) of the Aliens Restriction (Amendment) Act

1919 (acts calculated or likely to cause sedition or disaffection amongst HM

forces etc.).

3          

An offence under section 3(2) of that Act (promoting or attempting to

35

promote industrial unrest).

 

 

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

56

 

Official Secrets Act 1920 (c. 75)

4          

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)

5          

An offence under section 1 of the Incitement to Disaffection Act 1934

5

(endeavouring to seduce members of HM forces from their duty or

allegiance).

Representation of the People Act 1983 (c. 2)

6          

An offence under section 97(1) of the Representation of the People Act 1983

(public meetings) consisting in the incitement of others to act in a disorderly

10

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.

Computer Misuse Act 1990 (c. 18)

7          

An offence under section 3A(1) of the Computer Misuse Act 1990 (making

15

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).

8          

An offence under section 3A(2) of that Act (supply or offer to supply article

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).

20

9          

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).

Part 2

Offences under particular enactments: England and Wales

25

Public Meeting Act 1908 (c. 66)

10         

An offence under section 1(2) of the Public Meeting Act 1908 (inciting others

to commit offences under that section).

Perjury Act 1911 (c. 6)

11         

An offence under section 7(2) of the Perjury Act 1911 (inciting a person to

30

commit an offence under that Act).

Criminal Law Act 1967 (c. 58)

12         

An offence under section 4(1) of the Criminal Law Act 1967 (assisting

persons who have committed an offence).

13         

An offence under section 5(1) of that Act (accepting or agreeing to accept

35

consideration for not disclosing information about an offence).

 

 

 
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