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Serious Crime Bill [HL]


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

57

 

Criminal Law Act 1977 (c. 45)

14         

An offence under section 1(1) of the Criminal Law Act 1977 (conspiracy).

Criminal Attempts Act 1981 (c. 47)

15         

An offence under section 1(1) of the Criminal Attempts Act 1981 (attempting

to commit an offence).

5

Public Order Act 1986 (c. 64)

16         

An offence under section 12(6) of the Public Order Act 1986 (inciting

commission of offences under section 12(5) of that Act).

17         

An offence under section 13(8) of that Act (inciting commission of offences

under section 13(7) of that Act).

10

18         

An offence under section 14(6) of that Act (inciting commission of offences

under section 14(5) of that Act).

19         

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)

15

20         

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

21         

An offence of conspiracy falling within section 5(2) or (3) of the Criminal

20

Law Act 1977 (forms of conspiracy not affected by abolition of offence of

conspiracy at common law).

22    (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.

25

Part 4

Offences under particular enactments: Northern Ireland

Criminal Law Act (Northern Ireland) 1967 (c. 18)

23         

An offence under section 4(1) of the Criminal Law Act (Northern Ireland)

1967 (assisting persons who have committed an offence).

30

Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I.19))

24         

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

58

 

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

25         

An offence under Article 3(1) of the Criminal Attempts and Conspiracy

(Northern Ireland) Order 1983 (attempting to commit an offence).

26         

An offence under Article 9(1) of that Order (conspiracy).

Public Processions (Northern Ireland) Act 1998 (c. 2)

5

27         

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).

28         

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

29         

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

30         

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 48(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 — Minor and consequential amendments: Part 2
Part 1 — References to common law offence of incitement

59

 

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 41, a reference in this Schedule to the

anticipated offence is to be read as a reference to any of the offences specified

in the charge or indictment.

35

Schedule 5

56(1) and (2)

 

Minor and consequential amendments: Part 2

Part 1

References to common law offence of incitement

1          

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

40

Customs prosecutions).

 

 

Serious Crime Bill [HL]
Schedule 5 — Minor and consequential amendments: Part 2
Part 1 — References to common law offence of incitement

60

 

2          

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

in respect of contravention of a prohibition order).

3          

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);

5

(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).

4          

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

10

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

purposes of crime).

5          

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

15

brokers).

6          

Section 32(1)(b) of the Criminal Justice Act 1982 (c. 48) (early release of

prisoners).

7          

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

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

20

8          

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

in respect of contravention of compliance order).

9          

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

10         

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

respect of contravention of final or provisional order).

25

11         

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

prosecution).

12         

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

of members of MoD police).

13         

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

30

(a)   

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

(b)   

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

(c)   

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

14         

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

(offences).

35

15         

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

civil partner).

16         

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

(a)   

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

40

their safety);

(b)   

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

 

 

Serious Crime Bill [HL]
Schedule 5 — Minor and consequential amendments: Part 2
Part 1 — References to common law offence of incitement

61

 

17         

Section 53(7) of the Criminal Justice Act 1991 (c. 53) (cases involving children

in which notice of transfer may be given).

18         

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

(a)   

section 2(1)(g)(offences to which Act applies);

(b)   

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

5

inchoate offences are committed).

19         

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

dishonesty).

20         

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

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

10

21         

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

compliance order).

22         

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

15

transfer may be given).

23         

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

Customs prosecutions).

24         

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

(N.I.9))—

20

(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

(Revenue and Customs prosecutions).

25         

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

25

(N.I.10))—

(a)   

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

(b)   

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

(c)   

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

26         

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

30

(inadmissibility).

27         

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

certain cases involving children).

28         

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

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

35

29         

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

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

offences).

30         

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

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

40

31         

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

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

32         

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

of “drug trafficking offence”).

 

 

Serious Crime Bill [HL]
Schedule 5 — Minor and consequential amendments: Part 2
Part 2 — Other minor and consequential amendments

62

 

33         

Sections 55(1)(b) and 61(5)(b) of the International Criminal Court Act 2001

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

34         

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

(Revenue and Customs prosecutions).

35         

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

5

(a)   

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

(b)   

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

investigations);

(c)   

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

co-operation);

10

(d)   

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

(e)   

paragraph 10 of Schedule 2 (lifestyle offences: England and Wales).

36         

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

(Revenue and Customs prosecutions).

37         

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

15

category 1 territory to the United Kingdom).

38         

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

offences to which section 72 of that Act applies).

39         

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

(a)   

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

20

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

(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).

40         

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

25

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

(meaning of “offence against a child”).

41         

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

officer’s power of arrest).

Part 2

30

Other minor and consequential amendments

Criminal Law Act 1977 (c. 45)

42         

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

offence of conspiracy) omit subsection (7).

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

35

43         

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

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

paragraph (8).

Computer Misuse Act 1990 (c. 18)

44    (1)  

The Computer Misuse Act 1990 is amended as follows.

40

 

 

Serious Crime Bill [HL]
Schedule 5 — Minor and consequential amendments: Part 2
Part 2 — Other minor and consequential amendments

63

 

      (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)

above”.

5

      (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.

International Criminal Court Act 2001 (c. 17)

10

45    (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

subsection (3).

15

Sexual Offences Act 2003 (c. 42)

46    (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

paragraph 94, insert—

“94A       

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

20

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

committed.”

      (3)  

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

25

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

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

30

committed.”

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

47    (1)  

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

      (2)  

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

Parliament) for subsection (4) substitute—

35

“(4)   

A person who is guilty of an offence under section 39 or 40 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

section 42(9) of that Act) is liable on summary conviction to

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

40

exceeding level 4 on the standard scale or to both.

 

 

 
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