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In force since 2026-09-30, as the publisher states.
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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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In section 18 of the Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19) (no individual liability for offences under that Act) after subsection (1) insert— (1A) An individual cannot be guilty of an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) by reference to an offence of corporate manslaughter.
Propose a change(1) In the provisions listed in Part 1 of Schedule 6, any reference however expressed to (or to conduct amounting to) the offence abolished by section 59 has effect as a reference to (or to conduct amounting to) the offences under this Part. (2) Part 2 of Schedule 6 contains other minor and consequential amendments. (3) The Secretary of State may by order amend Part 1 of Schedule 6 as it applies to England and Wales by adding or removing a provision. (4) The Department of Justice in Northern Ireland may by order amend Part 1 of Schedule 6 as it applies to Northern Ireland by adding or removing a provision.
Propose a changeA reference in this Part to encouraging or assisting the commission of an offence is to be read in accordance with section 47.
Propose a change(1) A reference in this Part to a person's doing an act that is capable of encouraging the commission of an offence includes a reference to his doing so by threatening another person or otherwise putting pressure on another person to commit the offence. (2) A reference in this Part to a person's doing an act that is capable of encouraging or assisting the commission of an offence includes a reference to his doing so by— (a) taking steps to reduce the possibility of criminal proceedings being brought in respect of that offence; (b) failing to take reasonable steps to discharge a duty. (3) But a person is not to be regarded as doing an act that is capable of encouraging or assisting the commission of an offence merely because he fails to respond to a constable's request for assistance in preventing a breach of the peace.
Propose a changeIf a person (D1) arranges for a person (D2) to do an act that is capable of encouraging or assisting the commission of an offence, and D2 does the act, D1 is also to be treated for the purposes of this Part as having done it.
Propose a changeA reference in this Part to an act includes a reference to a course of conduct, and a reference to doing an act is to be read accordingly.
Propose a change(1) A public authority may, for the purposes of preventing fraud or a particular kind of fraud, disclose information as a member of a specified anti-fraud organisation or otherwise in accordance with any arrangements made by such an organisation. (2) The information— (a) may be information of any kind; and (b) may be disclosed to the specified anti-fraud organisation, any members of it or any other person to whom disclosure is permitted by the arrangements concerned. (3) Disclosure under this section does not breach— (a) any obligation of confidence owed by the public authority disclosing the information; or (b) any other restriction on the disclosure of information (however imposed). (4) But nothing in this section authorises any disclosure of information which— (a) contravenes the data protection legislation; or (b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) This section does not limit the circumstances in which information may be disclosed apart from this section. (8) In this section— “an anti-fraud organisation” means any unincorporated association, body corporate or other person which enables or facilitates any sharing of information to prevent fraud or a particular kind of fraud or which has any of these functions as its purpose or one of its purposes; “ the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act). “information” includes documents; “public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998 (c. 42) (acts of public authorities); and “specified” means specified by an order made by the Secretary of State.
Propose a change(1) A person (“B”) commits an offence, subject as follows, if— (a) B discloses protected information which has been disclosed by a public authority— (i) as a result of the public authority being a member of a specified anti-fraud organisation; or (ii) otherwise in accordance with any arrangements made by such an organisation; (b) the information— (i) has been so disclosed by the public authority to B; or (ii) has come into B's possession as a result (whether directly or indirectly) of such a disclosure by the public authority to another person; and (c) B knows or suspects, or has reasonable grounds for suspecting, that the information is information of the kind mentioned in paragraphs (a) and (b). (2) Subsection (1) does not apply to a disclosure made by B— (a) where B is acting (whether as an employee or otherwise) on behalf of the person to whom the information was disclosed by the public authority concerned and the disclosure by B is to another person acting (whether as an employee or otherwise) on behalf of that person; (b) for the purposes of the detection, investigation or prosecution of an offence in the United Kingdom; (c) with the consent of the public authority concerned; or (d) in pursuance of an assimilated obligation or a duty imposed by an enactment; but it does apply to a disclosure made by B which does not fall within paragraphs (a) to (d) above but which (but for the offence) would have been permitted by a power conferred by an enactment. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) It is a defence for a person charged with an offence under this section to prove that the person reasonably believed— (a) that the disclosure was lawful; or (b) that the information had already and lawfully been made available to the public. (5) In this section “protected information” means— (a) any revenue and customs information disclosed by Revenue and Customs and revealing the identity of the person to whom it relates; or (b) any specified information disclosed by a specified public authority. (6) For the purposes of this section— (a) “revenue and customs information” means information about, acquired as a result of or held in connection with the exercise of a function of the Commissioners of Revenue and Customs or an officer of Revenue and Customs in respect of a person; (b) revenue and customs information reveals a person's identity if— (i) it specifies his identity; or (ii) his identity can be deduced from it; and (c) revenue and customs information relates to a person if he is the person in respect of whom the function mentioned in paragraph (a) is exercised. (7) In this section— “Commissioners of Revenue and Customs” means Commissioners for Her Majesty's Revenue and Customs; “enactment” has the same meaning as in section 14; “public authority” has the same meaning as in section 68; “Revenue and Customs” means— the Commissioners of Revenue and Customs; an officer of Revenue and Customs; or a person acting on behalf of the Commissioners or an officer of Revenue and Customs; “specified anti-fraud organisation” means any person which is a specified anti-fraud organisation for the purposes of section 68; “specified information” means information specified or described in an order made by the Secretary of State; and “specified public authority” means a public authority specified or described in an order made by the Secretary of State.
Propose a change(1) A person who commits an offence under section 69 is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both. (2) A prosecution for an offence under section 69 may be begun in England and Wales only by or with the consent of the Director of Public Prosecutions (3) A prosecution for an offence under section 69 may be begun in Northern Ireland only— (a) in the case of revenue and customs information disclosed by Revenue and Customs— (i) by the Commissioners of Revenue and Customs; or (ii) with the consent of the Director of Public Prosecutions for Northern Ireland; and (b) in any other case, with the consent of the Director of Public Prosecutions for Northern Ireland. (4) If an offence under section 69 committed by a body corporate or a partnership is proved to have been committed with the consent or connivance of— (a) an officer of the body corporate or (as the case may be) a partner or a senior officer of the partnership; or (b) a person who was purporting to act in any such capacity; he (as well as the body corporate or partnership) is guilty of the offence and liable to be proceeded against and punished accordingly. (5) In the application of subsection (1)(a) in Northern Ireland, the reference to 12 months is to be read as a reference to 6 months. (5A) In the application of subsection (1)(a) in England and Wales, the reference to 12 months is to be read as a reference to the general limit in a magistrates’ court subject to paragraph 8 of Schedule 13. (6) In this section— “body corporate” includes a limited liability partnership; “Commissioners of Revenue and Customs”, “Revenue and Customs” and “revenue and customs information” have the same meaning as in section 69; “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate; “officer of a body corporate” means any director, manager, secretary or other similar officer of the body corporate; and “senior officer of a partnership” means any person who has the control or management of the business carried on by the partnership at the principal place where it is carried on.
Propose a change(1) The Secretary of State must prepare, and keep under review, a code of practice with respect to the disclosure, for the purposes of preventing fraud or a particular kind of fraud, of information by public authorities as members of specified anti-fraud organisations or otherwise in accordance with any arrangements made by such organisations. (2) Before preparing or altering the code, the Secretary of State must consult— (a) any specified anti-fraud organisation; (b) the Information Commission; and (c) such other persons as the Secretary of State considers appropriate. (3) A public authority must have regard to the code in (or in connection with) disclosing information, for the purposes of preventing fraud or a particular kind of fraud, as a member of a specified anti-fraud organisation or otherwise in accordance with any arrangements made by such an organisation. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) The Secretary of State must— (a) lay a copy of the code, and of any alterations to it, before Parliament; and (b) from time to time publish the code as for the time being in force. (6) In this section— “information” and “public authority” have the same meaning as in section 68; “relevant public authority” has the meaning given by section 68(6); and “specified anti-fraud organisation” means any person which is a specified anti-fraud organisation for the purposes of section 68.
Propose a changeIn Schedule 3 to the Data Protection Act 1998 (c. 29) (conditions for processing sensitive personal data), after paragraph 7, insert— 7A (1) The processing— (a) is either— (i) the disclosure of sensitive personal data by a person as a member of an anti-fraud organisation or otherwise in accordance with any arrangements made by such an organisation; or (ii) any other processing by that person or another person of sensitive personal data so disclosed; and (b) is necessary for the purposes of preventing fraud or a particular kind of fraud. (2) In this paragraph “an anti-fraud organisation” means any unincorporated association, body corporate or other person which enables or facilitates any sharing of information to prevent fraud or a particular kind of fraud or which has any of these functions as its purpose or one of its purposes.
Propose a changeSchedule 7 (which makes provision about data matching) has effect.
Propose a change(1) The Assets Recovery Agency and the corporation sole that is its Director shall cease to exist on such day as the Secretary of State may by order appoint. (2) The following Parts of Schedule 8 (abolition of Assets Recovery Agency and its Director) have effect— (a) Part 1 (abolition of confiscation functions); (b) Part 2 (transfer to SOCA and prosecution authorities of civil recovery functions); (c) Part 3 (transfer to SOCA of Revenue functions and power to abolish those functions); (d) Part 4 (transfer of investigation functions); (e) Part 5 (transfer of accreditation and training functions to National Policing Improvement Agency); (f) Part 6 (other amendments to the Proceeds of Crime Act 2002 (c. 29)); and (g) Part 7 (amendments to other enactments). (3) Schedule 9 (which makes provision about the transfer of the Director and staff of the Agency, and property, rights and liabilities of the Director and the Agency, to SOCA and the National Policing Improvement Agency) has effect. (4) In this section and Schedules 8 and 9 “SOCA” means the Serious Organised Crime Agency.
Propose a change(1) After section 341(3) of the Proceeds of Crime Act 2002 (types of investigation to which Part 8 applies) insert— (3A) For the purposes of this Part a detained cash investigation is— (a) an investigation for the purposes of Chapter 3 of Part 5 into the derivation of cash detained under section 295 or a part of such cash, or (b) an investigation for the purposes of Chapter 3 of Part 5 into whether cash detained under section 295, or a part of such cash, is intended by any person to be used in unlawful conduct. (2) In section 345(2) of that Act (investigations in respect of which production orders may be made), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”. (3) In section 346(2) of that Act (reasonable suspicion requirement for making a production order), after paragraph (b), insert— (ba) in the case of a detained cash investigation into the derivation of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is recoverable property; (bb) in the case of a detained cash investigation into the intended use of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is intended by any person to be used in unlawful conduct; . (4) In section 380(3) of that Act (investigations in respect of which production orders may be made in Scotland), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”. (5) In section 381(2) of that Act (reasonable suspicion requirement for making a production order in Scotland), after paragraph (b), insert— (ba) in the case of a detained cash investigation into the derivation of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is recoverable property; (bb) in the case of a detained cash investigation into the intended use of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is intended by any person to be used in unlawful conduct; .
Propose a change(1) In section 352(2) of the Proceeds of Crime Act 2002 (c. 29) (investigations in respect of which a search and seizure warrant may be issued), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”. (2) In section 353(2) of that Act (reasonable suspicion grounds for warrant where no production order), after paragraph (b), insert— (ba) in the case of a detained cash investigation into the derivation of cash, the property specified in the application for the warrant, or a part of it, is recoverable property; (bb) in the case of a detained cash investigation into the intended use of cash, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct; . (3) After section 353(7) of that Act (types of material in respect of which warrant may be issued where no production order) insert— (7A) In the case of a detained cash investigation into the derivation of cash, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (7B) In the case of a detained cash investigation into the intended use of cash, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (4) In section 387(3) of that Act (investigations in respect of which a search warrant may be issued in Scotland), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”. (5) In section 388(2) of that Act (reasonable suspicion grounds for issue of warrant in Scotland where no production order), after paragraph (b), insert— (ba) in the case of a detained cash investigation into the derivation of cash, the property specified in the application for the warrant, or a part of it, is recoverable property; (bb) in the case of a detained cash investigation into the intended use of cash, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct; . (6) After section 388(7) of that Act (types of material in respect of which warrant may be issued in Scotland where no production order) insert— (7A) In the case of a detained cash investigation into the derivation of cash, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (7B) In the case of a detained cash investigation into the intended use of cash, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.
Propose a changeSchedule 10 (which makes further provision about detained cash investigations) has effect.
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Propose a changeSchedule 11 (which gives accredited financial investigators powers to recover cash under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 (c. 29) and makes related amendments) has effect.
Propose a change(1) In section 352(5) of the Proceeds of Crime Act 2002 (search and seizure warrants in connection with confiscation, money laundering and detained cash investigations etc.)— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in paragraph (c) (as inserted by Schedule 10 to this Act), after “constable” insert “ , an accredited financial investigator ”. (2) After section 352(6) of that Act insert— (7) The reference in paragraph (a) or (c) of subsection (5) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State under section 453. (3) In section 353(10) of that Act (requirements in relation to search and seizure warrants)— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in paragraph (c) (as inserted by Schedule 10 to this Act), after “constable” insert “ , an accredited financial investigator ”. (4) After section 353(10) of that Act insert— (11) The reference in paragraph (a) or (c) of subsection (10) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State under section 453. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) In section 378(3A) of that Act (as inserted by Schedule 10 to this Act) (meaning of “officers” for purposes of Part 8 in relation to detained cash investigations) after paragraph (a) insert— (ab) an accredited financial investigator; . (8) After section 378(3A) of that Act (as inserted by Schedule 10 to this Act) insert— (3B) The reference in paragraph (ab) of subsection (3A) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State under section 453.
Propose a change(1) In section 453(2) of the Proceeds of Crime Act 2002 (c. 29) (power to modify references to accredited financial investigators)— (a) after “may” insert “ , in particular, ”; and (b) after “person” insert “ or by reference to particular types of training undertaken ”. (2) After section 453 of that Act insert— Certain offences in relation to financial investigators 453A (1) A person commits an offence if he assaults an accredited financial investigator who is acting in the exercise of a relevant power. (2) A person commits an offence if he resists or wilfully obstructs an accredited financial investigator who is acting in the exercise of a relevant power. (3) A person guilty of an offence under subsection (1) is liable on summary conviction— (a) to imprisonment for a term not exceeding 51 weeks; or (b) to a fine not exceeding level 5 on the standard scale; or to both. (4) A person guilty of an offence under subsection (2) is liable on summary conviction— (a) to imprisonment for a term not exceeding 51 weeks; or (b) to a fine not exceeding level 3 on the standard scale; or to both. (5) In this section “relevant power” means a power exercisable under— (a) section 45 or 194 (powers to seize property to which restraint orders apply); (b) section 289 (powers to search for cash); (c) section 294 (powers to seize cash); (d) section 295(1) (power to detain seized cash); or (e) a search and seizure warrant issued under section 352. (6) In the application of this section to England and Wales in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (alteration of penalties for summary offences), and in the application of this section to Northern Ireland— (a) the reference to 51 weeks in subsection (3)(a) is to be read as a reference to 6 months; and (b) the reference to 51 weeks in subsection (4)(a) is to be read as a reference to 1 month.
Propose a change(1) After section 49(8) of the Proceeds of Crime Act 2002 (c. 29) (opportunity for persons to make representations before powers conferred on management receivers to manage or otherwise deal with property: England and Wales) insert— (8A) Subsection (8), so far as relating to the power mentioned in subsection (2)(b), does not apply to property which— (a) is perishable; or (b) ought to be disposed of before its value diminishes. (2) After section 51(8) of that Act (opportunity for persons to make representations before powers conferred on enforcement receivers to manage or otherwise deal with property: England and Wales) insert— (8A) Subsection (8), so far as relating to the power mentioned in subsection (2)(b), does not apply to property which— (a) is perishable; or (b) ought to be disposed of before its value diminishes. (3) After section 197(8) of that Act (opportunity for persons to make representations before powers conferred on management receivers to manage or otherwise deal with property: Northern Ireland) insert— (8A) Subsection (8), so far as relating to the power mentioned in subsection (2)(b), does not apply to property which— (a) is perishable; or (b) ought to be disposed of before its value diminishes. (4) After section 199(8) of that Act (opportunity for persons to make representations before powers conferred on enforcement receivers to manage or otherwise deal with property: Northern Ireland) insert— (8A) Subsection (8), so far as relating to the power mentioned in subsection (2)(b), does not apply to property which— (a) is perishable; or (b) ought to be disposed of before its value diminishes.
Propose a change(1) After section 245D of the Proceeds of Crime Act 2002 (property freezing orders) insert— Receivers in connection with property freezing orders 245E (1) Subsection (2) applies if— (a) the High Court makes a property freezing order on an application by an enforcement authority, and (b) the authority applies to the court to proceed under subsection (2) (whether as part of the application for the property freezing order or at any time afterwards). (2) The High Court may by order appoint a receiver in respect of any property to which the property freezing order applies. (3) An application for an order under this section may be made without notice if the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in respect of any property. (4) In its application for an order under this section, the enforcement authority must nominate a suitably qualified person for appointment as a receiver. (5) Such a person may be a member of staff of the enforcement authority. (6) The enforcement authority may apply a sum received by it under section 280(2) in making payment of the remuneration and expenses of a receiver appointed under this section. (7) Subsection (6) does not apply in relation to the remuneration of the receiver if he is a member of the staff of the enforcement authority (but it does apply in relation to such remuneration if the receiver is a person providing services under arrangements made by the enforcement authority). Powers of receivers appointed under section 245E 245F (1) If the High Court appoints a receiver under section 245E on an application by an enforcement authority, the court may act under this section on the application of the authority. (2) The court may by order authorise or require the receiver— (a) to exercise any of the powers mentioned in paragraph 5 of Schedule 6 (management powers) in relation to any property in respect of which the receiver is appointed, (b) to take any other steps the court thinks appropriate in connection with the management of any such property (including securing the detention, custody or preservation of the property in order to manage it). (3) The court may by order require any person in respect of whose property the receiver is appointed— (a) to bring the property to a place (in England and Wales or, as the case may be, Northern Ireland) specified by the receiver or to place it in the custody of the receiver (if, in either case, he is able to do so), (b) to do anything he is reasonably required to do by the receiver for the preservation of the property. (4) The court may by order require any person in respect of whose property the receiver is appointed to bring any documents relating to the property which are in his possession or control to a place (in England and Wales or, as the case may be, Northern Ireland) specified by the receiver or to place them in the custody of the receiver. (5) In subsection (4) “document” means anything in which information of any description is recorded. (6) Any prohibition on dealing with property imposed by a property freezing order does not prevent a person from complying with any requirements imposed by virtue of this section. (7) If— (a) the receiver deals with any property which is not property in respect of which he is appointed under section 245E, and (b) at the time he deals with the property he believes on reasonable grounds that he is entitled to do so by virtue of his appointment, the receiver is not liable to any person in respect of any loss or damage resulting from his dealing with the property except so far as the loss or damage is caused by his negligence. Supervision of section 245E receiver and variations 245G (1) Any of the following persons may at any time apply to the High Court for directions as to the exercise of the functions of a receiver appointed under section 245E— (a) the receiver, (b) any party to the proceedings for the appointment of the receiver or the property freezing order concerned, (c) any person affected by any action taken by the receiver, (d) any person who may be affected by any action proposed to be taken by the receiver. (2) Before giving any directions under subsection (1), the court must give an opportunity to be heard to— (a) the receiver, (b) the parties to the proceedings for the appointment of the receiver and for the property freezing order concerned, (c) any person who may be interested in the application under subsection (1). (3) The court may at any time vary or set aside the appointment of a receiver under section 245E, any order under section 245F or any directions under this section. (4) Before exercising any power under subsection (3), the court must give an opportunity to be heard to— (a) the receiver, (b) the parties to the proceedings for the appointment of the receiver, for the order under section 245F or, as the case may be, for the directions under this section; (c) the parties to the proceedings for the property freezing order concerned, (d) any person who may be affected by the court's decision. (2) In sections 273(4)(b) and 277(7)(b) of that Act (recovery orders and consent orders: recovery of costs of pension scheme trustees or managers) after “enforcement authority,” insert “ receiver appointed under section 245E, ”. (3) In paragraph 1 of Schedule 10 to that Act (disapplication of special income tax and capital gains tax rules for receivers), after paragraph (c), insert— (ca) a receiver appointed under section 245E; .
Propose a change(1) After section 302 of the Proceeds of Crime Act 2002 (c. 29) (recovery of cash in summary proceedings: compensation) insert— Powers for prosecutors to appear in proceedings 302A (1) The Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland may appear for a constable in proceedings under this Chapter if the Director— (a) is asked by, or on behalf of, a constable to do so, and (b) considers it appropriate to do so. (2) The Director of Revenue and Customs Prosecutions may appear for the Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs in proceedings under this Chapter if the Director— (a) is asked by, or on behalf of, the Commissioners for Her Majesty's Revenue and Customs or (as the case may be) an officer of Revenue and Customs to do so, and (b) considers it appropriate to do so. (3) The Directors may charge fees for the provision of services under this section. (2) After section 2C(3) of that Act (prosecuting authorities) (as inserted by Schedule 8 to this Act) insert— (3A) Subsection (3) does not apply to the functions of the Director of Public Prosecutions for Northern Ireland and the Director of Revenue and Customs Prosecutions under section 302A. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) This section applies to information held as mentioned in section 18(1) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (confidentiality). (2) Information to which this section applies may be disclosed by or with the authority of the Commissioners of Revenue and Customs— (a) to the Criminal Assets Bureau in Ireland (“the CAB”) for the purpose of enabling or assisting the CAB to exercise any of its functions in connection with any matter within subsection (3); or (b) to any specified public authority (in the United Kingdom or elsewhere)— (i) for the purpose of enabling or assisting the public authority to exercise any of its functions in connection with any matter within subsection (3); or (ii) (if the specifying order so provides) for the purpose of enabling or assisting the public authority to exercise any of its functions in connection with any matter within that subsection that is specified, or of a description specified, in the order. (3) The matters within this subsection are— (a) the identification of proceeds of crime; (b) the bringing of civil proceedings for enforcement purposes in relation to proceeds of crime; and (c) the taking of other action in relation to proceeds of crime. (4) Information disclosed in accordance with subsection (2) must not be further disclosed except— (a) in connection with the exercise of any of the functions of the CAB or a specified public authority in connection with any matter within subsection (3) (or, in a subsection (2)(b)(ii) case, any such matter as is mentioned there); and (b) with the consent of the Commissioners of Revenue and Customs or an authorised officer of the Commissioners of Revenue and Customs. (5) For the purposes of this section any consent or authorisation may be general or specific. (6) If a person in the United Kingdom discloses, in contravention of subsection (4), any revenue and customs information relating to a person whose identity— (a) is specified in the disclosure; or (b) can be deduced from it; section 19 of the 2005 Act (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act. (7) Any reference in this section to a disclosure to the CAB or a specified public authority is a reference to a disclosure to such person, or to persons of such description, as may be specified in relation to the CAB or the public authority (as the case may be). (8) Nothing in this section authorises any disclosure of information which— (a) contravenes the data protection legislation; or (b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016. (9) In this section— “the 2005 Act” means the Commissioners for Revenue and Customs Act 2005 (c. 11); “assets” means property of any description, wherever situated; “civil proceedings” means civil proceedings of whatever nature and whether brought in the United Kingdom or elsewhere; “Commissioners of Revenue and Customs” means the Commissioners for Her Majesty's Revenue and Customs; “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act). “enforcement purposes”, in relation to the proceeds of crime, means with a view to— recovering, forfeiting or freezing assets constituting proceeds of crime; or otherwise depriving persons (to any extent) of, or of access to, such assets or the benefit of such assets; “functions” includes powers, duties and objectives, and references to the exercise of functions include the pursuit of objectives; “proceeds of crime” means assets derived, or suspected to be derived, directly or indirectly from criminal conduct (wherever occurring); “public authority” means any body or person discharging functions of a public nature; “revenue and customs information relating to a person” has the meaning given by section 19(2) of the 2005 Act; “specified” means specified in an order made by the Treasury; and “the specifying order”, in relation to a specified public authority, means the order specifying the authority for the purposes of this section.
Propose a changeIn section 387 of the Proceeds of Crime Act 2002 (c. 29) (issue of search warrants in Scotland in connection with certain investigations), after subsection (4), insert— (4A) A proper person may, if necessary, use reasonable force in executing a search warrant.
Propose a change(1) In section 60(1) of the Criminal Justice and Public Order Act 1994 (c. 33) (powers to authorise stop and search if reasonable belief that there may be incidents involving serious violence etc.), before the word “or” at the end of paragraph (a), insert— (aa) that— (i) an incident involving serious violence has taken place in England and Wales in his police area; (ii) a dangerous instrument or offensive weapon used in the incident is being carried in any locality in his police area by a person; and (iii) it is expedient to give an authorisation under this section to find the instrument or weapon; . (2) In section 60(9) of that Act (authorisation must be in writing), at the beginning, insert “ Subject to subsection (9ZA), ”. (3) After section 60(9) of that Act insert— (9ZA) An authorisation under subsection (1)(aa) need not be given in writing where it is not practicable to do so but any oral authorisation must state the matters which would otherwise have to be specified under subsection (9) and must be recorded in writing as soon as it is practicable to do so. (4) In section 60(9A) of that Act (application to British Transport Police)— (a) after “place” insert “ in England and Wales ”; and (b) after “2003” insert “ and as if the reference in subsection (1)(aa)(i) above to his police area were a reference to any place falling within section 31(1)(a) to (f) of the Act of 2003 ”. (5) In section 60(11) of that Act (definitions), in the definition of “offensive weapon”, after “1995” insert “ ; but in subsections (1)(aa), (4), (5) and (6) above and subsection (11A) below includes, in the case of an incident of the kind mentioned in subsection (1)(aa)(i) above, any article used in the incident to cause or threaten injury to any person or otherwise to intimidate ”. (6) In the heading to section 60 of that Act after “of” insert “ , or after, ”.
Propose a changeSchedule 12 (which makes provision about the regulation of investigatory powers of Her Majesty's Revenue and Customs) has effect.
Propose a change(1) Any power of the Secretary of Stateor the Treasury to make an order or regulations under this Act is exercisable by statutory instrument. (2) Any power of the Secretary of State , the Treasury or the Scottish Ministers to make an order or regulations under this Act— (a) may be exercised so as to make different provision for different cases or descriptions of case or different purposes; (b) includes power to make such supplementary, incidental, consequential, transitional, transitory or saving provision as the Secretary of State or (as the case may be) the Treasury considers appropriateor the Scottish Ministers consider appropriate. (3) No order is to be made by statutory instrument under section 4(4), 49(6), 63(3), 69 or 90, or paragraph 102 of Schedule 8, unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament. A statutory instrument containing an order or regulations under any of the following provisions may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament— section 4(4); section 49(6); section 63(3); section 69; section 90; paragraph 2(5)(j) of Schedule 1A; paragraph 102 of Schedule 8. (4) Subsection (3) does not apply to an order under section 90 which does not amend or repeal any provision of an Act. (5) An order under section 90 which does not amend or repeal any provision of an Act is subject to annulment in pursuance of a resolution of either House of Parliament. (6) An order made by the Secretary of State or the Treasury under section 7(1), 24(9), 27(6) or (12),, 27A(7) 28(6) ..., 29, 33, 40, 68 or 85 is subject to annulment in pursuance of a resolution of either House of Parliament. (6A) An order under section 4(4A) is subject to the affirmative procedure. (6B) An order made by the Scottish Ministers under section 7(1A), 27A(7) or (12), 29(1ZA) or (3ZA) or 40 is subject to the negative procedure. (7) Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979. (8) Any power of the Department of Justice to make an order under this Act— (a) may be exercised so as to make different provision for different cases or descriptions of case or different purposes; (b) includes power to make such supplementary, incidental, consequential, transitional, transitory or saving provision as the Department considers appropriate. (9) No order is to be made by the Department of Justice under section 4(5), 49(6) or 63(4) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly. (10) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (9) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment. (11) An order made by the Department of Justice under section 7(2), 24(9), 28(6) or (11), 29 or 40 is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
Propose a change(1) The Secretary of State may by order make such supplementary, incidental or consequential provision as he considers appropriate for the general purposes, or any particular purpose, of this Act or in consequence of any provision made by or under this Act or for giving full effect to this Act or any such provision. (2) The power conferred by this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (including this Act and any Act passed in the same Session as this Act). (3) The power conferred by this section does not include the power to make provision which would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.
Propose a change(1) Schedule 13 (transitional and transitory provisions and savings) has effect. (2) The Secretary of State may by order make such transitional, transitory or saving provision as he considers appropriate in connection with the coming into force of any provision of this Act (other than the provisions specified in section 94(4)). (3) The Scottish Ministers may by order make such transitional, transitory or saving provision as they consider appropriate in connection with the coming into force of the provisions of this Act specified in section 94(4).
Propose a changeSchedule 14 (which contains repeals and revocations) has effect.
Propose a change(1) The following provisions extend to England and Wales only— (a) section 78(1) and (2); (b) section 82(1) and (2); (c) section 87; and (d) Parts 1 and 2 of Schedule 7 and section 73 so far as relating to those Parts. (2) The following provisions extend to England and Wales and Northern Ireland only— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) Part 2 (including Schedules 3 and 4 and Part 1 of Schedule 6) but excluding sections 60 and 61, Schedule 5 and Part 2 of Schedule 6; (c) section 75(2) and (3); (d) section 76(1) to (3); (e) section 80; (f) section 81(2); and (g) section 83(1) and (2). (3) The following provisions extend to Scotland only— (a) section 68(5) and (6); (b) section 69(3); (c) section 71(4); (d) section 75(4) and (5); (e) section 76(4) to (6); and (f) section 86. (4) The following provisions extend to Northern Ireland only— (a) section 78(3) and (4); (b) section 82(3) and (4); and (c) Part 3 of Schedule 7 and section 73 so far as relating to that Part. (5) Any provision of section 61 or Part 2 of Schedule 6 (and any corresponding entry in Schedule 14) has the same extent as the enactment amended, repealed or revoked by it except that— (a) it does not extend to Scotland; and (b) paragraph 53 of Schedule 6 does not extend to Northern Ireland. (6) Any amendment, repeal or revocation by Schedule 5, 8, 10 or 14 of an enactment has (subject to subsection (5)) the same extent as the enactment amended, repealed or revoked. (7) Subject as above, this Act extends to England and Wales, Scotland and Northern Ireland.
Propose a change(1) The preceding provisions of this Act (other than sections 89, 90, 91(2) and (3) and 93 and the provisions specified in subsection (4) but, subject to this, including the Schedules) come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes. (2) The Secretary of State must consult the Scottish Ministers before making an order under subsection (1) in relation to— (a) section 75(1); (b) paragraph 2 of Schedule 10; or (c) paragraph 24 of that Schedule. (3) The provisions of this Act specified in subsection (4) come into force on such day as the Scottish Ministers may by order appoint; and different days may be appointed for different purposes. (4) Those provisions are— (a) section 75(4) and (5); (b) section 76(4) to (6); (c) section 86; (d) paragraphs 14 to 23 and, so far as extending to Scotland, paragraph 25 of Schedule 10; and (e) so far as relating to the provisions falling within paragraph (d) above, paragraph 1 of that Schedule and section 77.
Propose a changeThis Act may be cited as the Serious Crime Act 2007.
Propose a changeSections 2 and 3 Part 1 Serious offences in England and Wales Drug trafficking 1 (1) An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)— (a) section 4(2) or (3) (unlawful production or supply of controlled drugs); (b) section 5(3) (possession of controlled drug with intent to supply); (ba) section 6 (restriction of cultivation of cannabis plant); (c) section 8 (permitting etc. certain activities relating to controlled drugs); (d) section 20 (assisting in or inducing the commission outside the United Kingdom of an offence punishable under a corresponding law). (2) An offence under any of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971— (a) section 50(2) or (3) (improper importation of goods); (b) section 68(2) (exportation of prohibited or restricted goods); (c) section 170 (fraudulent evasion of duty etc.). (3) An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)— (a) section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act); (b) section 19 (using a ship for illicit traffic in controlled drugs). 1ZA An offence under any of the following provisions of the Psychoactive Substances Act 2016— (a) section 4 (producing a psychoactive substance); (b) section 5 (supplying, or offering to supply, a psychoactive substance); (c) section 7 (possession of psychoactive substance with intent to supply); (d) section 8 (importing or exporting a psychoactive substance). Slavery etc 1A An offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour). People trafficking 2 (1) An offence under section 25 or 25A of the Immigration Act 1971 (c. 77) (assisting unlawful immigration etc.). (2) An offence under any of sections 57 to 59A of the Sexual Offences Act 2003 (c. 42) (trafficking for sexual exploitation). (3) An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (trafficking people for exploitation). (4) An offence under section 2 of the Modern Slavery Act 2015. Terrorism 2A An offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008 (offences to which Part 4 of that Act applies: terrorism offences). Firearms offences 3 (1) An offence under any of the following provisions of the Firearms Act 1968— (a) section 1(1) (possession etc of firearms or ammunition without certificate); (b) section 2(1) (possession etc of shot gun without certificate); (c) section 3(1) (dealing etc in firearms or ammunition by way of trade or business without being registered); (d) section 5(1), (1A) or (2A) (possession, manufacture etc of prohibited weapons). (2) An offence under either of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a firearm or ammunition— (a) section 68(2) (exportation of prohibited or restricted goods); (b) section 170 (fraudulent evasion of duty etc ). (3) In sub-paragraph (2) “ firearm ” and “ ammunition ” have the same meanings as in section 57 of the Firearms Act 1968. Prostitution and child sex 4 (1) An offence under section 33A of the Sexual Offences Act 1956 (c. 69) (keeping a brothel used for prostitution). (2) An offence under any of the following provisions of the Sexual Offences Act 2003 (c. 42)— (a) section 14 (arranging or facilitating commission of a child sex offence); (b) section 48 (causing or inciting sexual exploitation of a child); (c) section 49 (controlling a child in relation to sexual exploitation); (d) section 50 (arranging or facilitating sexual exploitation of a child); (e) section 52 (causing or inciting prostitution for gain); (f) section 53 (controlling prostitution for gain). Armed robbery etc. 5 (1) An offence under section 8(1) of the Theft Act 1968 (c. 60) (robbery) where the use or threat of force involves a firearm, an imitation firearm or an offensive weapon. (2) An offence at common law of an assault with intent to rob where the assault involves a firearm, imitation firearm or an offensive weapon. (3) In this paragraph— “firearm” has the meaning given by section 57(1) of the Firearms Act 1968; “imitation firearm” has the meaning given by section 57(4) of that Act; “offensive weapon” means any weapon to which section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) applies. Money laundering 6 An offence under any of the following provisions of the Proceeds of Crime Act 2002 (c. 29)— (a) section 327 (concealing etc. criminal property); (b) section 328 (facilitating the acquisition etc. of criminal property by or on behalf of another); (c) section 329 (acquisition, use and possession of criminal property). Fraud 7 (1) An offence under section 17 of the Theft Act 1968 (c. 60) (false accounting). (2) An offence under any of the following provisions of the Fraud Act 2006 (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); (d) section 9 (participating in fraudulent business carried on by sole trader etc.); (e) section 11 (obtaining services dishonestly). (2A) An offence under section 199 of the Economic Crime and Corporate Transparency Act 2023 (failure to prevent fraud offences). (3) An offence at common law of conspiracy to defraud. Offences in relation to public revenue etc 8 (1) An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty etc.) so far as not falling within paragraph 1(2)(c) or 3(1)(b) above. (2) An offence under section 72 of the Value Added Tax Act 1994 (c. 23) (fraudulent evasion of VAT etc.). (3) An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax). (4) An offence under section 35 of the Tax Credits Act 2002 (c. 21) (tax credit fraud). (5) An offence at common law of cheating in relation to the public revenue. (6) An offence under section 45 or 46 of the Criminal Finances Act 2017 (failure to prevent the facilitation of UK tax evasion offences or foreign tax evasion offences). Bribery 9 An offence under any of the following provisions of the Bribery Act 2010— (a) section 1 (offences of bribing another person); (b) section 2 (offences relating to being bribed); (c) section 6 (bribery of foreign public officials). Counterfeiting 10 An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981 (c. 45)— (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). Computer misuse 11A An offence under any of the following provisions of the Computer Misuse Act 1990— (a) section 1 (unauthorised access to computer material); (b) section 2 (unauthorised access with intent to commit or facilitate commission of further offences); (c) section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer etc ); (d) section 3ZA (unauthorised acts causing, or creating risk of, serious damage to human welfare etc ); (e) section 3A (making, supplying or obtaining articles for use in offence under section 1, 3 or 3ZA). Intellectual property 12 (1) An offence under any of the following provisions of the Copyright, Designs 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); (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 13 (1) An offence under section 1 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (fishing ...with prohibited implements etc.). (2) An offence under section 14 of the Wildlife and Countryside Act 1981 (c. 69) (introduction of new species etc.). (3) An offence under section 33 of the Environmental Protection Act 1990 (c. 43) (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste). (4) An offence under paragraph 1(2) of Schedule 1 to the Control of Trade in Endangered Species Regulations 2018 (S.I. 2018/703). (5) An offence under paragraph 2 of that Schedule which consists of the conduct specified in the table in that paragraph as the subject matter of Article 16(1)(c) or (d) of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein. Organised crime 13A An offence under section 45 of the Serious Crime Act 2015 (participating in activities of organised crime group). ... Sanctions legislation 13B (1) An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation. (2) An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution. (3) An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders). (4) An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule. (5) An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008. (5A) An offence under regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018. (6) In this paragraph— “EU financial sanctions Regulation” and “UN financial sanctions Resolution” have the same meanings as in Part 8 of the Policing and Crime Act 2017 (see section 143 of that Act); “subordinate legislation” has the same meaning as in the Interpretation Act 1978. Inchoate offences 14 (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 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 conspiracy to defraud. Earlier offences 15 (1) This Part of this Schedule (apart from paragraph 14(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 under the law in force at the time of the conduct. (2) Paragraph 14(2) has effect, in its application to conduct before the passing of this Act or before the coming into force of section 59 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. Scope of offences 16 Where this Part of this Schedule refers to offences which are offences under the law of England and Wales and another country, the reference is to be read as limited to the offences so far as they are offences under the law of England and Wales. PART 1A SERIOUS OFFENCES IN SCOTLAND Drug trafficking 16A (1) An offence under any of the following provisions of the Misuse of Drugs Act 1971— (a) section 4(2) or (3) (unlawful production or supply of controlled drugs); (b) section 5(3) (possession of controlled drug with intent to supply); (c) section 6 (restriction of cultivation of cannabis plant); (d) section 8 (permitting etc certain activities relating to controlled drugs); (e) section 20 (assisting in or inducing the commission outside the United Kingdom of an offence punishable under a corresponding law). (2) An offence under any of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971— (a) section 50(2) or (3) (improper importation of goods); (b) section 68(2) (exportation of prohibited or restricted goods); (c) section 170 (fraudulent evasion of duty etc ). (3) An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990— (a) section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act); (b) section 19 (using a ship for illicit traffic in controlled drugs). 16AA An offence under any of the following provisions of the Psychoactive Substances Act 2016— (a) section 4 (producing a psychoactive substance); (b) section 5 (supplying, or offering to supply, a psychoactive substance); (c) section 7 (possession of psychoactive substance with intent to supply); (d) section 8 (importing or exporting a psychoactive substance). People trafficking 16B (1) An offence under section 25 or 25A of the Immigration Act 1971 (assisting unlawful immigration etc). (2) An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation). Terrorism 16BA An offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008 (offences to which Part 4 of that Act applies: terrorism offences). Firearms offences 16C (1) An offence under any of the following provisions of the Firearms Act 1968— (a) section 1(1) (possession etc of firearms or ammunition without certificate); (b) section 2(1) (possession etc of shot gun without certificate); (c) section 3(1) (dealing etc in firearms or ammunition by way of trade or business without being registered); (d) section 5(1), (1A) or (2A) (possession, manufacture etc of prohibited weapons). (2) An offence under either of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a firearm or ammunition— (a) section 68(2) (exportation of prohibited or restricted goods); (b) section 170 (fraudulent evasion of duty etc). (3) In sub-paragraph (2) “firearm” and “ammunition” have the same meanings as in section 57 of the Firearms Act 1968. Prostitution, child sex and pornography 16D (1) An offence under any of the following provisions of the Criminal Law Consolidation (Scotland) Act 1995— (a) section 11(1) (living on earnings of prostitution or soliciting for immoral purposes); (b) section 11(4) (aiding, abetting or compelling prostitution for gain); (c) section 11(5) (running of brothels). (2) An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc). (3) An offence under any of the following provisions of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005— (a) section 10 (causing or inciting provision by child of sexual services or child pornography); (b) section 11 (controlling a child providing sexual services or involved in pornography); (c) section 12 (arranging or facilitating provision by child of sexual services or child pornography). (4) An offence under section 51(2) of the Civic Government (Scotland) Act 1982 (obscene material). Serious organised crime 16E (1) An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010— (a) section 28(1) (involvement in serious organised crime); (b) section 30(1) or (2) (directing serious organised crime). (2) An offence aggravated by a connection with serious organised crime as mentioned in section 29(1) of the Criminal Justice and Licensing (Scotland) Act 2010 (offences aggravated by connection with serious organised crime). Money laundering 16F An offence under any of the following provisions of the Proceeds of Crime Act 2002— (a) section 327 (concealing etc criminal property); (b) section 328 (facilitating the acquisition etc of criminal property by or on behalf of another); (c) section 329 (acquisition, use and possession of criminal property). Offences in relation to public revenue etc 16G (1) An offence under section 170 of the Customs and Excise Management Act 1979 (fraudulent evasion of duty etc) so far as not falling within paragraph 16A(2)(c) or 16C(2)(b) above. (2) An offence under section 72 of the Value Added Tax Act 1994 (fraudulent evasion of VATetc). (3) An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax). (4) An offence under section 35 of the Tax Credits Act 2002 (tax credit fraud). (5) An offence under section 45 or 46 of the Criminal Finances Act 2017 (failure to prevent the facilitation of UK tax evasion offences or foreign tax evasion offences). Bribery 16H An offence under any of the following provisions of the Bribery Act 2010— (a) section 1 (offences of bribing another person); (b) section 2 (offences relating to being bribed); (c) section 6 (bribery of foreign public officials). Counterfeiting 16I An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981— (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). Fraud etc 16J (1) An offence under section 12(1) or (2) of the Gangmasters (Licensing) Act 2004 (acting as a gangmaster other than under the authority of a licence, possession of false documents, etc). (1A) An offence under section 199 of the Economic Crime and Corporate Transparency Act 2023 (failure to prevent fraud offences). (2) Fraud. (3) Conspiracy to defraud. (4) Theft. (5) Extortion. (6) Assault and robbery. Computer misuse 16K An offence under any of the following provisions of the Computer Misuse Act 1990— (a) section 1 (unauthorised access to computer material); (b) section 2 (unauthorised access with intent to commit or facilitate commission of further offences); (c) section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer etc); (d) section 3ZA (unauthorised acts causing, or creating risk of, serious damage to human welfare etc); (e) section 3A (making, supplying or obtaining articles for use in offence under section 1, 3 or 3ZA). Intellectual property 16L (1) An offence under section 297A of the Copyright, Designs and Patents Act 1988 (making or dealing etc in unauthorised decoders). (2) An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (unauthorised use of trade mark etc). Environment 16M (1) An offence under any of the following provisions of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003— (a) section 1 (fishing for salmon: methods); (b) section 2 (fishing for freshwater fish: methods); (c) section 5 (using explosive or other noxious substances for taking or destruction of fish etc). (2) An offence under section 14 of the Wildlife and Countryside Act 1981 (introduction of new species etc). (3) An offence under section 33 of the Environmental Protection Act 1990 (prohibition on unauthorised or harmful deposit, treatment or disposal etc of waste). (4) An offence under paragraph 1(2) of Schedule 1 to the Control of Trade in Endangered Species Regulations 2018 (S.I. 2018/703). (5) An offence under paragraph 2 of that Schedule which consists of the conduct specified in the table in that paragraph as the subject matter of Article 16(1)(c) or (d) of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein. ... Sanctions legislation 16MA (1) An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation. (2) An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution. (3) An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders). (4) An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule. (5) An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008. (5A) An offence under regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018. (6) In this paragraph— “EU financial sanctions Regulation” and “UN financial sanctions Resolution” have the same meanings as in Part 8 of the Policing and Crime Act 2017 (see section 143 of that Act); “subordinate legislation” has the same meaning as in the Interpretation Act 1978. Inchoate offences 16N An offence of attempting or conspiring to commit an offence specified or described in this Part of this Schedule. Earlier offences 16O This Part of this Schedule has effect, in its application to conduct before the coming into force of this Part, as if the offences specified or described in this Part included any corresponding offences under the law in force at the time of the conduct. Scope of offences 16P Where this Part of this Schedule refers to offences which are offences under the law of Scotland and another country, the reference is to be read as limited to the offences so far as they are offences under the law of Scotland. Part 2 Serious offences in Northern Ireland Drug trafficking 17 (1) An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)— (a) section 4(2) or (3) (unlawful production or supply of controlled drugs); (b) section 5(3) (possession of controlled drug with intent to supply); (ba) section 6 (restriction of cultivation of cannabis plant); (c) section 8 (permitting etc. certain activities relating to controlled drugs); (d) section 20 (assisting in or inducing the commission outside the United Kingdom of an offence punishable under a corresponding law). (2) An offence under any of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971— (a) section 50(2) or (3) (improper importation of goods); (b) section 68(2) (exportation of prohibited or restricted goods); (c) section 170 (fraudulent evasion of duty etc.). (3) An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)— (a) section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act); (b) section 19 (using a ship for illicit traffic in controlled drugs). 17A An offence under any of the following provisions of the Psychoactive Substances Act 2016— (a) section 4 (producing a psychoactive substance); (b) section 5 (supplying, or offering to supply, a psychoactive substance); (c) section 7 (possession of psychoactive substance with intent to supply); (d) section 8 (importing or exporting a psychoactive substance). People trafficking 18 (1) An offence under section 25 or 25A of the Immigration Act 1971 (c. 77) (assisting unlawful immigration etc.). (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) An offence under section1 or 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 Terrorism 18A An offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008 (offences to which Part 4 of that Act applies: terrorism offences). Firearms offences 19 (1) An offence under either of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a firearm or ammunition— (a) section 68(2) (exportation of prohibited or restricted goods); (b) section 170 (fraudulent evasion of duty etc.). (2) An offence under any of the following provisions of the Firearms (Northern Ireland) Order 2004 ( S.I. 2004/702 (N.I. 3))— (a) Article 3 (possession etc of firearms or ammunition without certificate); (b) Article 24 (dealing etc in firearms or ammunition by way of trade or business without being registered); (c) Article 45 (possession, manufacture etc of prohibited weapons). (3) In this paragraph “firearm” and “ammunition” have the same meanings as in Article 2(2) of the Firearms (Northern Ireland) Order 2004. Prostitution and child sex 20 (1) An offence under section 13(1) of the Criminal Law Amendment Act 1885 (c. 69) (keeping a brothel used for prostitution). (2) An offence under any of the following provisions of the Sexual Offences Act 2003— (a) section 48 (causing or inciting child prostitution or pornography); (b) section 49 (controlling a child prostitute or a child involved in pornography); (c) section 50 (arranging or facilitating child prostitution or pornography); (d) section 52 (causing or inciting prostitution for gain); (e) section 53 (controlling prostitution for gain). Armed robbery etc. 21 (1) An offence under section 8(1) of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) (robbery) where the use or threat of force involves a firearm, an imitation firearm or an offensive weapon. (2) An offence at common law of an assault with intent to rob where the assault involves a firearm, imitation firearm or an offensive weapon. (3) In this paragraph— “firearm” and “imitation firearm” have the meaning given by Article 2(2) of the Firearms (Northern Ireland) Order 2004; “offensive weapon” means any weapon to which section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) applies. Money laundering 22 An offence under any of the following provisions of the Proceeds of Crime Act 2002 (c. 29)— (a) section 327 (concealing etc. criminal property); (b) section 328 (facilitating the acquisition etc. of criminal property by or on behalf of another); (c) section 329 (acquisition, use and possession of criminal property). Fraud 23 (1) An offence under section 17 of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) (false accounting). (2) An offence under any of the following provisions of the Fraud Act 2006 (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); (d) section 9 (participating in fraudulent business carried on by sole trader etc.); (e) section 11 (obtaining services dishonestly). (2A) An offence under section 199 of the Economic Crime and Corporate Transparency Act 2023 (failure to prevent fraud offences). (3) An offence at common law of conspiracy to defraud. Offences in relation to public revenue etc 24 (1) An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty etc.) so far as not falling within paragraph 17(2)(c) or 19(1)(b) above. (2) An offence under section 72 of the Value Added Tax Act 1994 (c. 23) (fraudulent evasion of VAT etc.). (3) An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax). (4) An offence under section 35 of the Tax Credits Act 2002 (c. 21) (tax credit fraud). (5) An offence at common law of cheating in relation to the public revenue. (6) An offence under section 45 or 46 of the Criminal Finances Act 2017 (failure to prevent the facilitation of UK tax evasion offences or foreign tax evasion offences). Bribery 25 An offence under any of the following provisions of the Bribery Act 2010— (a) section 1 (offences of bribing another person); (b) section 2 (offences relating to being bribed); (c) section 6 (bribery of foreign public officials). Counterfeiting 26 An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981 (c. 45)— (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). Blackmail 27 (1) An offence under section 20 of the Theft Act (Northern Ireland) 1969 (c. 16) (blackmail). (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.). Computer misuse 27A An offence under any of the following provisions of the Computer Misuse Act 1990— (a) section 1 (unauthorised access to computer material); (b) section 2 (unauthorised access with intent to commit or facilitate commission of further offences); (c) section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer etc ); (d) section 3ZA (unauthorised acts causing, or creating risk of, serious damage to human welfare etc ); (e) section 3A (making, supplying or obtaining articles for use in offence under section 1, 3 or 3ZA). Intellectual property 28 (1) An offence under any of the following provisions of the Copyright, Designs 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); (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 29 (1) An offence under section 62 or 63 of the Fisheries Act (Northern Ireland) 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 harmful deposit, treatment or disposal, etc. of waste). (4) An offence under paragraph 1(2) of Schedule 1 to the Control of Trade in Endangered Species Regulations 2018 (S.I. 2018/703). (5) An offence under paragraph 2 of that Schedule which consists of the conduct specified in the table in that paragraph as the subject matter of Article 16(1)(c) or (d) of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein. ... Sanctions legislation 29A (1) An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation. (2) An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution. (3) An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders). (4) An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule. (5) An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008. (5A) An offence under regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018. (6) In this paragraph— “EU financial sanctions Regulation” and “UN financial sanctions Resolution” have the same meanings as in Part 8 of the Policing and Crime Act 2017 (see section 143 of that Act); “subordinate legislation” has the same meaning as in the Interpretation Act 1978. Inchoate offences 30 (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 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 conspiracy to defraud. Earlier offences 31 (1) This Part of this Schedule (apart from paragraph 30(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 under the law in force at the time of the conduct. (2) Paragraph 30(2) has effect, in its application to conduct before the passing of this Act or before the coming into force of section 59 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. Scope of offences 32 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.
Propose a changeSection 15A Notification requirements for persons other than individuals 1 (1) Where a person other than an individual is subject to a relevant order that person (“P”) must, within the period of three days beginning with the first day on which any provision of the order comes into force, notify the specified person of the name of an authorised individual. (2) In this paragraph “authorised individual” means an individual who— (a) is authorised by P to communicate with the specified person in relation to P’s compliance with the order, and (b) has consented to act in that capacity. (3) P may, at any time after notifying the specified person of the name of an authorised individual under this paragraph, notify the specified person of the name of a replacement authorised individual. (4) Where an individual whose name is notified by P under this paragraph ceases to be an authorised individual P must, within the period of 28 days beginning with the day on which the individual ceases to be an authorised individual, notify the specified person of the name of a replacement authorised individual. Notification requirements for individuals 2 (1) An individual who is subject to a relevant order must, within the period of three days beginning with the first day on which any of the provisions of the order comes into force, notify the specified person of the notifiable information relating to the individual. (2) If there is a change in any of the notifiable information relating to an individual who has given a notification under this paragraph the individual must, within the period of three days beginning with the day on which the change occurs, notify the specified person of the change. (3) A requirement to notify information under sub-paragraph (1) or (2) does not apply to an individual by virtue of a relevant order whilst the individual is required to notify that information to that person by virtue of an earlier relevant order. (4) If the earlier order ceases to be in force on a day on which the later order remains in force, the reference in sub-paragraph (1) to the first day on which any of the provisions of the order comes into force is to be read as a reference to that day. (5) In this paragraph “the notifiable information” relating to an individual means— (a) their name and, if they use one or more other names, each of those names; (b) the address of their sole or main residence in the United Kingdom and the address of any other premises in the United Kingdom at which they regularly reside or stay; (c) each of their telephone numbers and email addresses (if any); (d) any name which they use to access a social media service or the function of which is to identify the user of such a service; (e) any name— (i) which they use to access a video game that is a user-to-user service or that is available as part of a user-to-user service, or (ii) the function of which is to identify them as the user of such a game; (f) identifying information relating to any motor vehicle of which they are the registered keeper, or which they have a right to use (whether routinely or on specific occasions or for specific purposes); (g) specified financial information; (h) specified information about identification documents; (i) the name and address of each of their employers (if any); (j) any information of a description specified in regulations made by the Secretary of State. (6) For the purposes of sub-paragraph (5)— (a) where the individual does not have a sole or main residence in the United Kingdom, paragraph (b) of that sub-paragraph is to be read as if it refers to the address or location of a place in the United Kingdom where they can regularly be found (and, if there is more than one such place, the address or location of each of those places); (b) “social media service” means an online service that meets the following conditions— (i) the main purpose, or one of the main purposes, of the service is to promote interaction between users (including interaction between users and user-generated content), and (ii) making content generated by users available to other users is a significant feature of the service; (c) “specified financial information” means the information specified in paragraph 1(1)(a) and (b) of Schedule 3A to the Counter-Terrorism Act 2008; (d) “specified information about identification documents” means the information specified in paragraph 2(a) and (b) of that Schedule; (e) “user-to-user service” has the meaning given by section 3 of the Online Safety Act 2023. Offences 3 (1) A person commits an offence under the law of England and Wales if the person fails, without reasonable excuse, to comply with a requirement imposed by paragraph 1(1) or (4). (2) A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to a fine. (3) A person commits an offence under the law of England and Wales if the person— (a) fails, without reasonable excuse, to comply with a requirement imposed by paragraph 2; (b) gives a notification, in purported compliance with such a requirement, of any information which the person knows to be false. (4) A person guilty of an offence under sub-paragraph (3) is liable— (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine, or both.
Propose a changeSection 37 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 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 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 (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 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 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 order; (b) whether to present a petition by virtue of section 27 of this Act; or (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 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. 5A. Section 21 of the Commissioners for Revenue and Customs Act 2005 (disclosure to prosecuting authority) has effect as if the purpose mentioned in subsection (1)(b) included the purpose of enabling the Director to exercise the Director’s functions under this Part. ... 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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; (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 (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 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 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 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. Director General of the National Crime Agency 15ZA The functions of the Director General of the National Crime Agency under this Part are— (a) to have the conduct of applications for serious crime prevention orders and interim 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 person for the variation or discharge of a serious crime prevention order or an interim 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 or interim 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 or interim serious crime prevention orders, and (e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d). Commissioners for His Majesty’s Revenue and Customs 15ZB The functions of the Commissioners for His Majesty’s Revenue and Customs under this Part are— (a) to have the conduct of applications for serious crime prevention orders and interim 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 person for the variation or discharge of a serious crime prevention order or an interim 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 or interim 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 or interim serious crime prevention orders, and (e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d). Chief officers of police in England and Wales 15A The functions of a chief officer of police of a police force in England and Wales (referred to in this paragraph and paragraph 15B as a “chief officer”) are— (a) to have the conduct of applications for serious crime prevention orders in England and Wales that are terrorism-related 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 that is terrorism-related; (c) to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders in England and Wales that are terrorism-related (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 in England and Wales that are terrorism-related; and (e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d). 15B (1) A chief officer may, to such extent as they may decide, delegate the exercise of their functions under this Part to any police officer of at least the rank of superintendent. (2) References in this Part to a chief officer are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to a chief officer or any police officer of at least the rank of superintendent. Chief Constable of British Transport Police Force 15BA The functions of the Chief Constable of the British Transport Police Force under this Part are— (a) to have the conduct of applications for serious crime prevention orders and interim 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 person for the variation or discharge of a serious crime prevention order or an interim 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 or interim serious crime prevention orders in England and Wales (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 or interim serious crime prevention orders in England and Wales, and (e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d). 15BB (1) The Chief Constable of the British Transport Police Force may, to such extent as they may decide, delegate the exercise of their functions under this Part to any member of the British Transport Police Force of at least the rank of superintendent. (2) References in this Part to the Chief Constable of the British Transport Police Force are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Chief Constable or any member of the British Transport Police Force of at least the rank of superintendent. Chief Constable of the Ministry of Defence Police 15BC The functions of the Chief Constable of the Ministry of Defence Police under this Part are— (a) to have the conduct of applications for serious crime prevention orders and interim 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 person for the variation or discharge of a serious crime prevention order or an interim 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 or interim serious crime prevention orders in England and Wales (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 or interim serious crime prevention orders in England and Wales, and (e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d). 15BD (1) The Chief Constable of the Ministry of Defence Police may, to such extent as they may decide, delegate the exercise of their functions under this Part to any member of the Ministry of Defence Police of at least the rank of superintendent. (2) References in this Part to the Chief Constable of the Ministry of Defence Police are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Chief Constable or any member of the Ministry of Defence Police of at least the rank of superintendent. The chief constable of the Police Service of Scotland 15C The functions of the chief constable of the Police Service of Scotland are— (a) to have the conduct of applications for serious crime prevention orders in Scotland that are terrorism-related and are made to the Court of Session, 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 Scotland that is terrorism-related; (c) to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders in Scotland that are terrorism-related (whether proceedings on appeal, by virtue of section 27A or otherwise); (d) to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders in Scotland that are terrorism-related; and (e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d). 15D (1) The chief constable of the Police Service of Scotland (“the chief constable”) may, to such extent as they may decide, delegate the exercise of their functions under this Part to any police officer of at least the rank of superintendent. (2) References in this Part to the chief constable are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the chief constable or any police officer of at least the rank of superintendent. 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; (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 (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 functions in paragraphs (a) to (d). 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 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 (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. 19 Sections 75(1) and (2) and 76(1) of, and Schedule 9 to, the Northern Ireland Act 1998 (c. 47) (duties of public authorities) do not apply to the functions of the Director of Public Prosecutions for Northern Ireland under this Part. 20 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. The Chief Constable of the Police Service of Northern Ireland 20A The functions of the Chief Constable of the Police Service of Northern Ireland are— (a) to have the conduct of applications for serious crime prevention orders in Northern Ireland that are terrorism-related 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 Northern Ireland that is terrorism-related; (c) to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders in Northern Ireland that are terrorism-related (whether proceedings on appeal, by virtue of section 28 or otherwise); (d) to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders in Northern Ireland that are terrorism-related; and (e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d). 20B (1) The Chief Constable of the Police Service of Northern Ireland (“the Chief Constable”) may, to such extent as they may decide, delegate the exercise of their functions under this Part to any police officer of at least the rank of superintendent. (2) References in this Part to the Chief Constable are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Chief Constable or any police officer of at least the rank of superintendent. Interpretation 21 In this Schedule references to having the conduct of proceedings include references to starting or discontinuing proceedings.
Propose a changeSection 49(5) 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). 2 An offence under section 21 of that Act (attempting to choke etc. in order 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. 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 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 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 unrest in contravention of that subsection. Official Secrets Act 1920 (c. 75) 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Incitement to Disaffection Act 1934 (c. 56) 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 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 immigration to a member State or the United Kingdom). 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Representation of the People Act 1983 (c. 2) 13 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 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) 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 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). 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 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 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 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 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). Cluster Munitions (Prohibitions) Act 2010 (c. 11) 24A An offence under section 2(2) of the Cluster Munitions (Prohibitions) Act 2010 (assisting, encouraging or inducing another to engage in conduct mentioned in section 2(1) of that Act). Online Safety Act 2023 24B An offence under section 184(1) of the Online Safety Act 2023 (encouraging or assisting serious self-harm). National Security Act 2023 (c. 32) 24C An offence under section 18 of the National Security Act 2023. 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). 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 escape). Suicide Act 1961 (c. 60) 27A An offence under section 2(1) of the Suicide Act 1961 (encouraging or assisting suicide). 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 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 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 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). Criminal Attempts Act 1981 (c. 47) 33 An offence under section 1(1) of the Criminal Attempts Act 1981 (attempting to commit an offence). 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). 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) 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). Sexual Offences Act 2003 38ZA An offence under section 66F of the Sexual Offences Act 2003 (requesting the creation of purported intimate image of adult). Serious Crime Act 2015 38A An offence under section 45 of the Serious Crime Act 2015 (participating in activities of organised crime group). Part 3 Other offences: England and Wales 39 An offence of conspiracy falling within section 5(2) or (3) of the Criminal 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). 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 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 it consists in assisting a person. Criminal Justice Act (Northern Ireland) 1966 (c. 20) 42A An offence under section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (encouraging or assisting suicide). 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)) 44 An offence under Article 12(2) of the Perjury (Northern Ireland) Order 1979 (inciting a person to commit an offence under that Order). 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) 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) 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 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).
Propose a changeSection 52(2) 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 (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 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 England and Wales; and (b) relates to the citizenship, nationality or residence of the person who commits it. 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 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 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. (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. (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 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. (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 46, 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.
Propose a changeSection 60 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 ”. 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) 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. (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 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 ”. 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. 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— Encouraging and assisting 40 (1) A person subject to service law commits an offence if he encourages 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). (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 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 49(4) of that Act has effect as if for “offences under this Part and listed offences” it read “offences under sections 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. (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 offences. 10 Accordingly, in the heading immediately before section 39 for “incitement” substitute “ encouragement and assistance ”. 11 For section 46 (inciting criminal conduct) substitute— Encouraging or assisting criminal conduct 46 (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 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 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 (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 2 of the Serious Crime Act 2007 of encouraging or assisting the commission of ”.
Propose a change