(1) The court before which a person is convicted of an offence under section 25 may order the forfeiture of anything in his possession at the time of the offence which the court considers to have been involved in the offence.
(2) Before making an order under subsection (1) in relation to anything the court must give an opportunity to make representations to any person (in addition to the convicted person) who claims to be the owner of that thing or otherwise to have an interest in it.
(3) An order under subsection (1) may not be made so as to come into force at any time before there is no further possibility (ignoring any power to appeal out of time) of the order being varied or set aside on appeal.
(4) Where the court makes an order under subsection (1), it may also make such other provision as it considers to be necessary for giving effect to the forfeiture.
(5) That provision may, in particular, include provision relating to the retention, handling, destruction or other disposal of what is forfeited.
(6) Provision made by virtue of this section may be varied at any time by the court that made it.
27 Powers to wind up companies etc: England and Wales ...
(1) The Director of Public Prosecutions ... or the Director of the Serious Fraud Office may present a petition to the court for the winding up of a company, partnership or relevant body if—
(a) the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
(b) the Director concerned considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up.
(1A) The chief officer of police of a police force in England and Wales may present a petition to the court for the winding up of a company, partnership or relevant body if—
(a) the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a police-initiated serious crime prevention order; and
(b) the chief officer of police concerned considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up.
A person mentioned in section 8(1)(a)(iii) to (vii) may present a petition to the court for the winding up of a company, partnership or relevant body if—
(a) the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order or an interim serious crime prevention order made on an application by a person of the same description, and
(b) the person considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up.
(2) The Insolvency Act 1986 (c. 45) applies in relation to—
(a) a petition under this section for the winding up of a company; and
(b) the company's winding up;
as it applies in relation to a petition under section 124A of the Act of 1986 for the winding up of a company and the company's winding up (winding up on grounds of public interest) but subject to the modifications in subsections (3) and (4).
(3) Section 124(4)(b) of the Act of 1986 (application for winding up) applies in relation to a petition under this section as if it permits the petition to be presented by the Director of Public Prosecutions ... , the Director of the Serious Fraud Office or the chief officer of police of a police force in England and Wales a person who is authorised to present a petition in accordance with subsection (1) or (1A).
(4) The court may make an order under section 125 of the Act of 1986 (powers of court on hearing of petition) to wind up the company only if—
(a) the company has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
(b) the court considers that it is just and equitable for the company to be wound up.
(5) Section 420 of the Act of 1986 (power to make provision about insolvent partnerships) applies for the purposes of this section as if the reference to an insolvent partnership were a reference to a partnership to which this section applies.
(6) The appropriate Minister may by order provide for the Act of 1986 to apply, with such modifications as that person considers appropriate, in relation to a petition under this section for the winding up of a relevant body and the relevant body's winding up.
(7) An order made by virtue of subsection (5) or (6) must ensure that the court may make an order to wind up the partnership or relevant body only if—
(a) the partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
(b) the court considers that it is just and equitable for the partnership or relevant body to be wound up.
(8) No petition may be presented to, or order to wind up made by, a court in Scotland by virtue of this section in respect of a company, partnership or relevant body whose estate may be sequestrated under the Bankruptcy (Scotland) Act 2016.
(9) No petition may be presented, or order to wind up made, by virtue of this section if—
(a) an appeal against conviction for the offence concerned has been made and not finally determined; or
(b) the period during which such an appeal may be made has not expired.
(10) No petition may be presented, or order to wind up made, by virtue of this section if the company, partnership or relevant body is already being wound up by the court.
(11) In deciding for the purposes of subsection (9) whether an appeal is finally determined or whether the period during which an appeal may be made has expired, any power to appeal out of time is to be ignored.
(12) In this section—
“appropriate Minister” means—
in relation to a relevant body falling within paragraphs (a) to (c) of the definition of “relevant body” below, the Treasury; and
in relation to any other relevant body, the Secretary of State;
“company” means—
a company registered under the Companies Act 2006 in England and Wales ..., or
an unregistered company within the meaning of Part 5 of the Insolvency Act 1986 (see section 220 of that Act),
but does not include a relevant body;
“the court”, in relation to a company, means a court in England and Wales ... having jurisdiction to wind up the company;
...
“partnership” does not include a relevant body;
“police-initiated serious crime prevention order” means a serious crime prevention order that was made on the application of the chief officer of police of a police force in England and Wales; and
“relevant body” means—
a building society (within the meaning of the Building Societies Act 1986 (c. 53));
an incorporated friendly society (within the meaning of the Friendly Societies Act 1992 (c. 40));
a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014;
a limited liability partnership; or
such other description of person as may be specified by order made by the Secretary of State;
and the references to sections 124 to 125 of the Insolvency Act 1986 (c. 45) include references to those sections as applied by section 221(1) of that Act (unregistered companies).
(1) The Scottish Ministers may present a petition to the court for the winding up of a company or relevant body, or the dissolution of a partnership, if—
(a) the company, relevant body or partnership has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
(b) the Scottish Ministers consider that it would be in the public interest for the company or (as the case may be) relevant body to be wound up or the partnership to be dissolved.
(1A) The chief constable of the Police Service of Scotland may present a petition to the court for the winding up of a company or relevant body, or the dissolution of a partnership, if—
(a) the company, relevant body or partnership has been convicted of an offence under section 25 in relation to a serious crime prevention order that was made on the application of the chief constable; and
(b) the chief constable considers that it would be in the public interest for the company or (as the case may be) relevant body to be wound up or the partnership to be dissolved.
(2) The Insolvency Act 1986 applies in relation to—
(a) a petition under this section for the winding up of a company; and
(b) the company's winding up;
as it applies in relation to a petition under section 124A of the Act of 1986 for the winding up of a company and the company's winding up (winding up on grounds of public interest) but subject to the modifications in subsections (3) and (4).
(3) Section 124(4)(b) of the Act of 1986 (application for winding up) applies in relation to a petition under this section as if it permits the petition to be presented by the Scottish Ministers or the chief constable of the Police Service of Scotland.
(4) The court may make an order under section 125 of the Act of 1986 (powers of court on hearing of petition) to wind up the company only if—
(a) the company has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
(b) the court considers that it is just and equitable for the company to be wound up.
(5) Where a petition is made to the court under this section for the dissolution of a partnership, the court may make an order to dissolve the partnership only if—
(a) the partnership has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
(b) the court considers that it is just and equitable for the partnership to be dissolved.
(6) Where the court makes an order to dissolve a partnership under this section, the Partnership Act 1890 applies in respect of the dissolution as if it were a dissolution under section 35 of that Act.
(7) The appropriate Minister may by order provide for the Act of 1986 to apply, with such modifications as that person considers appropriate, in relation to a petition under this section for the winding up of a relevant body and the relevant body's winding up.
(8) An order made by virtue of subsection (7) must ensure that the court may make an order to wind up the relevant body only if—
(a) the relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
(b) the court considers that it is just and equitable for the relevant body to be wound up.
(9) No petition may be presented, or order to wind up or dissolve made, by virtue of this section if—
(a) an appeal against conviction for the offence concerned has been made and not finally determined; or
(b) the period during which such an appeal may be made has not expired.
(10) No petition may be presented, or order to wind up or dissolve made, by virtue of this section if—
(a) the company or relevant body is already being wound up by the court, or
(b) the partnership is already being dissolved by the court.
(11) In deciding for the purposes of subsection (9) whether an appeal is finally determined or whether the period during which an appeal may be made has expired, any power to appeal out of time is to be ignored.
(12) In this section—
“appropriate Minister” means—
in relation to a relevant body falling within paragraphs (a) to (c) of the definition of “relevant body” below, the Treasury; and
in relation to any other relevant body, the Scottish Ministers;
“company” means—
a company registered under the Companies Act 2006 in Scotland, or
an unregistered company within the meaning of Part 5 of the Insolvency Act 1986 (see section 220 of that Act),
but does not include a relevant body;
“the court”, in relation to a company, means a court in Scotland having jurisdiction to wind up the company;
“partnership” does not include a relevant body; and
“relevant body” means—
a building society (within the meaning of the Building Societies Act 1986);
an incorporated friendly society (within the meaning of the Friendly Societies Act 1992);
a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014;
a limited liability partnership; or
such other description of person as may be specified by order made by the Scottish Ministers;
and the references to sections 124 to 125 of the Insolvency Act 1986 include references to those sections as applied by section 221(1) of that Act (unregistered companies).
28 Powers to wind up companies etc: Northern Ireland
(1) The Director of Public Prosecutions for Northern Ireland may present a petition to the court for the winding up of a company, partnership or relevant body if—
(a) the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
(b) the Director of Public Prosecutions for Northern Ireland considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up.
(1A) The Chief Constable of the Police Service of Northern Ireland may present a petition to the court for the winding up of a company, partnership or relevant body if—
(a) the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order that was made on the application of the Chief Constable; and
(b) the Chief Constable considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up.
(2) The Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) applies in relation to—
(a) a petition under this section for the winding up of a company; and
(b) the company's winding up;
as it applies in relation to a petition under Article 104A of the Order of 1989 for the winding up of a company and the company's winding up (winding up on grounds of public interest) but subject to the modifications in subsections (3) and (4).
(3) Article 104(5)(b) of the Order of 1989 (application for winding up) applies in relation to a petition under this section as if it permits the petition to be presented by the Director of Public Prosecutions for Northern Ireland or the Chief Constable of the Police Service of Northern Ireland.
(4) The court may make an order under Article 105 of the Order of 1989 (powers of court on hearing of petition) to wind up the company only if—
(a) the company has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
(b) the court considers that it is just and equitable for the company to be wound up.
(5) Article 364 of the Order of 1989 (power to make provision about insolvent partnerships) applies for the purposes of this section as if the reference to an insolvent partnership were a reference to a partnership to which this section applies.
(6) The appropriate Minister may by order provide for the Order of 1989 to apply, with such modifications as that person considers appropriate, in relation to a petition under this section for the winding up of a relevant body and the relevant body's winding up.
(7) An order made by virtue of subsection (5) or (6) must ensure that the court may make an order to wind up the partnership or relevant body only if—
(a) the partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
(b) the court considers that it is just and equitable for the partnership or relevant body to be wound up.
(8) No petition may be presented, or order to wind up made, by virtue of this section if—
(a) an appeal against conviction for the offence concerned has been made and not finally determined; or
(b) the period during which such an appeal may be made has not expired.
(9) No petition may be presented, or order to wind up made, by virtue of this section if the company, partnership or relevant body is already being wound up by the court.
(10) In deciding for the purposes of subsection (8) whether an appeal is finally determined or whether the period during which an appeal may be made has expired, any power to appeal out of time is to be ignored.
(11) In this section—
“appropriate Minister” means—
in relation to a relevant body falling within paragraph (a) or (b) of the definition of “relevant body” below, the Treasury; and
in relation to any other relevant body, the Department of Justice in Northern Ireland;
“company” means—
a company registered under the Companies Act 2006 in Northern Ireland, or
an unregistered company within the meaning of Part 6 of the Insolvency (Northern Ireland) Order 1989 (see Article 184 of that Order),
“ the court ” means the High Court in Northern Ireland;
“ an industrial and provident society ” means a society registered under the Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24) or a society deemed by virtue of section 4 of that Act to be so registered;
“ partnership ” does not include a relevant body; and
“ relevant body ” means—
a building society (within the meaning of the Building Societies Act 1986 (c. 53));
an incorporated friendly society (within the meaning of the Friendly Societies Act 1992 (c. 40));
an industrial and provident society;
a limited liability partnership; or
such other description of person as may be specified by order made by the Department of Justice in Northern Ireland;
and the references to Articles 104 to 105 of the Insolvency (Northern Ireland) Order 1989 ( S.I. 1989/2405 (N.I.19)) include references to those Articles as applied by Article 185(1) of that Order (unregistered companies).
(1) The Secretary of State may by order make such modifications as he considers appropriate to the application of—
(a) the Insolvency Act 1986 (c. 45) by virtue of section 27(2); or
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1ZA) The Scottish Ministers may by order make such modifications as they consider appropriate to the application of the Insolvency Act 1986 by virtue of section 27A(2).
(1A) The Department of Justice in Northern Ireland may by order make such modifications as the Department considers appropriate to the application of the Insolvency (Northern Ireland) Order 1989 by virtue of section 28(2).
(2) Any modifications made by virtue of subsection (1), (1ZA) or (1A) are in addition to the modifications made by section 27(3) and (4), 27A(3) and (4) or (as the case may be) section 28(3) and (4).
(3) The Secretary of State may by order make such consequential or supplementary provision, applying with or without modifications any provision made by or under an enactment, as he considers appropriate in connection with section 27(2) to (4) ....
(3ZA) The Scottish Ministers may by order make such consequential or supplementary provision, applying with or without modifications any provision made by or under an enactment including an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, as they consider appropriate in connection with section 27A(2) to (4).
(3A) The Department of Justice in Northern Ireland may by order make such consequential or supplementary provision, applying with or without modifications any provision made by or under an enactment, as the Department considers appropriate in connection with section 28(2) to (4).
(4) An order made by virtue of section 27(5) or (6), section 28(5) or (6), 27A(7) or subsection (1), (1ZA) or (1A) above may, in particular, contain consequential or supplementary provision applying, with or without modifications, any provision made by or under an enactmentincluding, in the case of an order made by virtue of section 27A(7) or subsection (1ZA) above, an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
30 Bodies corporate including limited liability partnerships
(1) For the purposes of section 10 in its application to a serious crime prevention order against a body corporate or to the variation of such an order—
(a) a notice setting out the terms of the order or variation—
(i) is delivered to the body corporate in person if it is delivered to an officer of the body corporate in person; and
(ii) is sent by recorded delivery to the body corporate at its last-known address if it is so sent to an officer of the body corporate at the address of the registered office of that body or at the address of its principal office in the United Kingdom; and
(b) the power conferred by subsection (3) of that section is a power to enter any premises where the person exercising the power has reasonable grounds for believing an officer of the body corporate to be and to search those premises for the officer.
(2) If an offence under section 25 committed by a body corporate is proved to have been committed with the consent or connivance of—
(a) an officer of the body corporate; or
(b) a person who was purporting to act in any such capacity;
he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.
(3) Nothing in this section prevents a serious crime prevention order from being made against an officer or employee of a body corporate or against any other person associated with a body corporate.
(4) In this section—
“body corporate” includes a limited liability partnership;
“director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate; and
“officer of a body corporate” means any director, manager, secretary or other similar officer of the body corporate.
(1) A serious crime prevention order against a partnership must be made in the name of the partnership (and not in that of any of the partners).
(2) An order made in the name of the partnership continues to have effect despite a change of partners provided that at least one of the persons who was a partner before the change remains a partner after it.
(3) For the purposes of this Part, a partnership is involved in serious crime in England and Wales, Scotland,, Northern Ireland or elsewhere if the partnership, or any of the partners, is so involved; and involvement in serious crime in England and Wales, Scotland, or Northern Ireland is to be read accordingly.
(4) For the purposes of section 10 in its application to a serious crime prevention order against a partnership or to the variation of such an order—
(a) a notice setting out the terms of the order or variation—
(i) is delivered to the partnership in person if it is delivered to any of the partners in person or to a senior officer of the partnership in person; and
(ii) is sent by recorded delivery to the partnership at its last-known address if it is so sent to any of the partners or to a senior officer of the partnership at the address of the principal office of the partnership in the United Kingdom; and
(b) the power conferred by subsection (3) of that section is a power to enter any premises where the person exercising the power has reasonable grounds for believing a partner or senior officer of the partnership to be and to search those premises for the partner or senior officer.
(5) Proceedings for an offence under section 25 alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of the partners).
(6) For the purposes of such proceedings—
(a) rules of court relating to the service of documents have effect as if the partnership were a body corporate; and
(b) the following provisions apply as they apply in relation to a body corporate—
(i) section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43);
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii) section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)).
(7) A fine imposed on the partnership on its conviction for an offence under section 25 is to be paid out of the partnership assets.
(8) If an offence under section 25 committed by a partnership is proved to have been committed with the consent or connivance of a partner or a senior officer of the partnership, he (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.
(9) For the purposes of subsection (8)—
(a) references to a partner or to a senior officer of a partnership include references to any person purporting to act in such a capacity; and
(b) subsection (5) is not to be read as prejudicing any liability of a partner under subsection (8).
(10) Nothing in this section prevents a serious crime prevention order from being made against—
(a) a particular partner; or
(b) a senior officer or employee of a partnership or any other person associated with a partnership.
(11) In this section—
“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; and
“partnership” does not include a limited liability partnership.
(1) A serious crime prevention order against an unincorporated association must be made in the name of the association (and not in that of any of its members).
(2) An order made in the name of the association continues to have effect despite a change in the membership of the association provided that at least one of the persons who was a member of the association before the change remains a member after it.
(3) For the purposes of section 10 in its application to a serious crime prevention order against an unincorporated association or to the variation of such an order—
(a) a notice setting out the terms of the order or variation—
(i) is delivered to the association in person if it is delivered to an officer of the association in person; and
(ii) is sent by recorded delivery to the association at its last-known address if it is so sent to an officer of the association at the address of the principal office of the association in the United Kingdom; and
(b) the power conferred by subsection (3) of that section is a power to enter any premises where the person exercising the power has reasonable grounds for believing an officer of the association to be and to search those premises for the officer.
(4) Proceedings for an offence under section 25 alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).
(5) For the purposes of such proceedings—
(a) rules of court relating to the service of documents have effect as if the association were a body corporate; and
(b) the following provisions apply as they apply in relation to a body corporate—
(i) section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43);
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii) section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)).
(6) A fine imposed on the association on its conviction for an offence under section 25 is to be paid out of the funds of the association.
(7) If an offence under section 25 committed by an unincorporated association is proved to have been committed with the consent or connivance of an officer of the association, he (as well as the association) is guilty of the offence and liable to be proceeded against and punished accordingly.
(8) For the purposes of subsection (7)—
(a) references to an officer of an unincorporated association include references to any person purporting to act in such a capacity; and
(b) subsection (4) is not to be read as prejudicing any liability of an officer of an unincorporated association under subsection (7).
(9) Nothing in this section prevents a serious crime prevention order from being made against—
(a) a member, officer or employee of an unincorporated association; or
(b) any other person associated with an unincorporated association.
(10) In this section—
“officer of an unincorporated association” means any officer of an unincorporated association or any member of its governing body; and
“unincorporated association” means any body of persons unincorporate but does not include a partnership.
The Secretary of State may by order modify section 30, 31 or 32 in its application to a body of persons formed under law having effect outside the United Kingdom.
(1) A serious crime prevention order may not include terms which restrict the freedom of a service provider who is established in an EEA state ... to provide information society services in relation to an EEA state unless the conditions in subsections (2) and (3) are met.
(2) The condition in this subsection is that the court concerned considers that the terms—
(a) are necessary for the objective of protecting the public by preventing, restricting or disrupting involvement in—
(i) in the case of an order in England and Wales, serious crime in England and Wales; ...
(ia) in the case of an order in Scotland, serious crime in Scotland;
(ii) in the case of an order in Northern Ireland, serious crime in Northern Ireland;
(b) relate to an information society service which prejudices that objective or presents a serious and grave risk of prejudice to it; and
(c) are proportionate to that objective.
(3) The conditions in this subsection are that—
(a) a law enforcement officer has requested the EEA state in which the service provider is established to take measures which the law enforcement officer considers to be of equivalent effect under the law of the EEA state to the terms and the EEA state has failed to take the measures; ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) It does not matter for the purposes of subsection (3) whether the request ... is made before or after the making of the application for the order.
(5) A serious crime prevention order may not include terms which impose liabilities on service providers of intermediary services so far as the imposition of those liabilities would result in a contravention of Article 12, 13 or 14 of the E-Commerce Directive (various protections for service providers of intermediary services) , reading those Articles as if the requirements imposed on a Member State were imposed on the court making the order.
(6) A serious crime prevention order may not include terms which impose a general obligation on service providers of intermediary services falling within the descriptions contained in Articles 12, 13 and 14 of the E-Commerce Directive—
(a) to monitor the information which they transmit or store when providing those services; or
(b) actively to seek facts or circumstances indicating illegal activity when providing those services.
(7) For the purposes of this section—
(a) a service provider is established in a particular EEA state if he effectively pursues an economic activity using a fixed establishment in that EEA state for an indefinite period and he is a national of an EEA state or a company or firm mentioned in Article 54 of the Treaty on the Functioning of the European Union;
(b) the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider;
(c) where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment where the service provider has the centre of his activities relating to the service;
and references to a person being established in an EEA state are to be read accordingly.
(8) In this section—
“the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce);
“information society services”—
has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations); and
is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;
“intermediary services” means an information society service which—
consists in the provision of access to a communication network or the transmission in a communication network of information provided by a recipient of the service;
consists in the transmission in a communication network of information which—
is provided by a recipient of the service; and
is the subject of automatic, intermediate and temporary storage which is solely for the purpose of making the onward transmission of the information to other recipients of the service at their request more efficient; or
consists in the storage of information provided by a recipient of the service;
“recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible; and
“service provider” means a person providing an information society service.
(9) For the purposes of paragraph (a) of the definition of “intermediary services”, the provision of access to a communication network and the transmission of information in a communication network includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is for the sole purpose of carrying out the transmission in the network.
(10) Subsection (9) does not apply if the information is stored for longer than is reasonably necessary for the transmission.
(1) Proceedings before the High Court in relation to serious crime prevention orders are civil proceedings.
(2) One consequence of this is that the standard of proof to be applied by the court in such proceedings is the civil standard of proof.
(1) Proceedings before the Crown Court arising by virtue of section 19, 20 , 21 or 22E are civil proceedings.
(2) One consequence of this is that the standard of proof to be applied by the court in such proceedings is the civil standard of proof.
(3) Two other consequences of this are that the court—
(a) is not restricted to considering evidence that would have been admissible in the criminal proceedings in which the person concerned was convicted; and
(b) may adjourn any proceedings in relation to a serious crime prevention order even after sentencing the person concerned.
(4) The Crown Court, when exercising its jurisdiction in England and Wales under this Part, is a criminal court for the purposes of Part 7 of the Courts Act 2003 (c. 39) (procedure rules and practice directions).
(5) A serious crime prevention order may be made as mentioned in section 19(7)(b) in spite of anything in sections 79, 80 and 82 of the Sentencing Code or (as the case may be) Articles 4 and 6 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24)) (which relate to orders discharging a person absolutely or conditionally and their effect).
(6) A variation of a serious crime prevention order may be made as mentioned in section 20(6)(b) or 21(6)(b) in spite of anything in sections 12 and 14 of the Act of 2000 or (as the case may be) Articles 4 and 6 of the Order of 1996.
36A Proceedings in the High Court of Justiciary and sheriff court
(1) Proceedings before the High Court of Justiciary (the “High Court”) or the sheriff arising by virtue of section 22A, 22B, 22C or 22E are civil proceedings.
(2) One consequence of this is that the standard of proof to be applied by the High Court or (as the case may be) the sheriff in such proceedings is the civil standard of proof.
(3) Two other consequences of this are that the High Court or (as the case may be) the sheriff—
(a) is not restricted to considering evidence that would have been admissible in the criminal proceedings in which the person concerned was convicted; and
(b) may adjourn any proceedings in relation to a serious crime prevention order even after sentencing the person concerned.
(4) Despite subsection (1), an Act of Adjournal under section 305 of the Criminal Procedure (Scotland) Act 1995 (Acts of Adjournal) may be made in relation to proceedings before the High Court or the sheriff arising by virtue of section 22A, 22B, 22C or 22E.
(5) A serious crime prevention order may be made as mentioned in section 22A(6)(b) in spite of anything in sections 246 and 247 of the Criminal Procedure (Scotland) Act 1995 (which relate to orders discharging a person absolutely and their effect).
(6) A variation of a serious crime prevention order may be made as mentioned in section 22B(4)(b), or (as the case may be) a variation of or a new serious crime prevention order may be made as mentioned in section 22C(4)(b), in spite of anything in sections 246 and 247 of the Criminal Procedure (Scotland) Act 1995.
38 Disclosure of information in accordance with orders
(1) A person who complies with a requirement imposed by a serious crime prevention order to answer questions, provide information or produce documents does not breach—
(a) any obligation of confidence; or
(b) any other restriction on making the disclosure concerned (however imposed).
(2) But see sections 11 to 14 (which limit the requirements that may be imposed by serious crime prevention orders in connection with answering questions, providing information or producing documents).
(1) A serious crime prevention order against a body corporate, partnership or unincorporated association may authorise a law enforcement agency to enter into arrangements with—
(a) a specified person; or
(b) any person who falls within a specified description of persons;
to perform specified monitoring services or monitoring services of a specified description.
(2) A person with whom the agency has entered into arrangements in accordance with such an authorisation is known for the purposes of this section as an authorised monitor.
(3) A serious crime prevention order which provides for an authorised monitor may, for the purpose of enabling the performance of monitoring services, impose requirements of the type mentioned in section 5(5) as if the references in paragraph (a)(iv) and (b)(iv) of that provision to a law enforcement officer included references to an authorised monitor.
(4) A serious crime prevention order which provides for an authorised monitor may require any body corporate, partnership or unincorporated association which is the subject of the order to pay to the law enforcement agency concerned some or all of the costs incurred by the agency under the arrangements with the authorised monitor.
(5) Any such order—
(a) must specify the period, or periods, within which payments are to be made;
(b) may require the making of payments on account;
(c) may include other terms about the calculation or payment of costs.
(6) The tests for making or varying a serious crime prevention order in sections 1(1)(b), (2)(b) and (3), 17(1) and (2), 19(2), (4) and (5), 20(2) and (4) and 21(2) and (4) do not operate in relation to an order so far as the order contains terms of the kind envisaged by subsections (4) and (5) above (or by subsection (1) above for the purposes of those subsections).
(7) But a court must not include in a serious crime prevention order (whether initially or on a variation) terms of the kind envisaged by subsection (4) or (5) unless it considers that it is appropriate to do so having regard to all the circumstances including, in particular—
(a) the means of the body corporate, partnership or unincorporated association concerned;
(b) the expected size of the costs; and
(c) the effect of the terms on the ability of any body corporate, partnership or unincorporated association which is carrying on business to continue to do so.
(8) A law enforcement agency must inform the subject of a serious crime prevention order which provides for an authorised monitor of the name of, and an address for, any person with whom the agency has entered into arrangements in accordance with the authorisation in the order.
(9) Nothing in this section affects the ability of law enforcement agencies to enter into arrangements otherwise than in accordance with an authorisation under this section.
(10) In this section—
“law enforcement agency” means—
the chief constable of a police force maintained under section 2 of the Police Act 1996;
the Commissioner of Police of the Metropolis;
the Common Council of the City of London in its capacity as police authority;
the chief constable of the Police Service of Scotland;
... the Northern Ireland Policing Board;
the National Crime Agency;
the Commissioners for Her Majesty's Revenue and Customs; or
the Director of the Serious Fraud Office;
“monitoring services” means—
analysing some or all information received in accordance with a serious crime prevention order;
reporting to a law enforcement officer as to whether, on the basis of the information and any other information analysed for this purpose, the subject of the order appears to be complying with the order or any part of it; and
any related services; and
“specified”, in relation to a serious crime prevention order, means specified in the order.
(1) The appropriate authority may by order make provision about the practice and procedure for determining the amount of—
(a) any costs payable by virtue of section 39(4) and (5); and
(b) any interest payable in respect of those costs.
(2) Such provision may, in particular, include provision about appeals.
(3) Where any amounts required to be paid by virtue of section 39(4) and (5) have not been paid within a required period, the law enforcement agency concerned must take reasonable steps to recover them and any interest payable in respect of them.
(4) The appropriate authority must by order provide for what are reasonable steps for the purposes of subsection (3).
(5) Any amounts which have not been recovered despite the taking of the reasonable steps are recoverable—
(a) in England and Wales and Northern Ireland, as if due to the law enforcement agency concerned by virtue of a civil order or judgment.
(b) in Scotland, in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
(6) Where any amounts required to be paid by virtue of section 39(4) and (5) are, in the case of an order of the Crown Court, not paid within a required period, the unpaid balance from time to time carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (c. 110) (interest on civil judgment debts).
(6A) Where any amounts required to be paid by virtue of section 39(4) and (5) are, in the case of a serious crime prevention order made under section 22A, not paid within a required period, the unpaid balance from time to time carries interest at the rate payable under a decree of the Court of Session.
(7) For the purposes of section 25, a failure to comply with a requirement imposed by virtue of section 39(4) and (5) to make payments occurs when the amounts become recoverable as mentioned in subsection (5) above (and not before).
(8) In this section “law enforcement agency” has the same meaning as in section 39.
(9) In this section “the appropriate authority” means—
(a) in relation to serious crime prevention orders in England and Wales, the Secretary of State;
(aa) in relation to serious crime prevention orders in Scotland, the Scottish Ministers;
(b) in relation to serious crime prevention orders in Northern Ireland, the Department of Justice in Northern Ireland.
41 Powers of law enforcement officers to retain documents
(1) A law enforcement officer—
(a) may take and retain copies of, or extracts from, any document produced to a law enforcement officer in pursuance of a serious crime prevention order; and
(b) may retain any document so produced for as long as he considers that it is necessary to retain it (rather than any copy of it) for the purposes for which the document was obtained.
(2) A law enforcement officer may retain any document produced to a law enforcement officer in pursuance of a serious crime prevention order until the conclusion of any legal proceedings if he has reasonable grounds for believing that the document—
(a) may have to be produced for the purposes of those proceedings; and
(b) might be unavailable unless retained.
In this Part—
“act” and “conduct” include omissions and statements;
“country” includes territory;
“modifications” includes additions and omissions (and “modify” is to be read accordingly);
“the public” includes a section of the public or a particular member of the public.
In this Part, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.
Expression | Provision
act | section 42
appropriate court | section 1(5)
committed a serious offence | section 4(1)
conduct | section 42
conducts oneself in a way likely to facilitate the commission by oneself or another person of a serious offence | section 4(3)
country | section 42
Director of Public Prosecutions, ..., Director of the Serious Fraud Office and Director of Public Prosecutions for Northern Ireland | Paragraphs 2(2), ..., 13(2) and 17 of Schedule 2
document | section 5(7)
facilitates the commission by another person of a serious offence | section 4(2)
involvement in serious crime: England and Wales orders | sections 2, 4 and 31(3)
involvement in serious crime: Northern Ireland orders | sections 3, 4 and 31(3)
involvement in serious crime: Scotland orders | sections 2A, 4 and 31(3)
law enforcement officer | section 5(7)
modifications (and modify) | section 42
person who is the subject of a serious crime prevention order | section 1(6)
premises | section 5(7)
production of documents | section 5(8)
the public | section 42
relevant applicant authority | section 10(4)
serious crime prevention order | section 1(5)
serious offence in England and Wales | section 2(2)
serious offence in Northern Ireland | section 3(2)
serious offence in Scotland | section 2A(2)
terrorism-related | section 8A
44 Intentionally encouraging or assisting an offence
(1) A person commits an offence if—
(a) he does an act capable of encouraging or assisting the commission of an offence; and
(b) he intends to encourage or assist its commission.
(2) But he is not to be taken to have intended to encourage or assist the commission of an offence merely because such encouragement or assistance was a foreseeable consequence of his act.
45 Encouraging or assisting an offence believing it will be committed
A person commits an offence if—
(a) he does an act capable of encouraging or assisting the commission of an offence; and
(b) he believes—
(i) that the offence will be committed; and
(ii) that his act will encourage or assist its commission.
46 Encouraging or assisting offences believing one or more will be committed
(1) A person commits an offence if—
(a) he does an act capable of encouraging or assisting the commission of one or more of a number of offences; and
(b) he believes—
(i) that one or more of those offences will be committed (but has no belief as to which); and
(ii) that his act will encourage or assist the commission of one or more of them.
(2) It is immaterial for the purposes of subsection (1)(b)(ii) whether the person has any belief as to which offence will be encouraged or assisted.
(3) If a person is charged with an offence under subsection (1)—
(a) the indictment must specify the offences alleged to be the “number of offences” mentioned in paragraph (a) of that subsection; but
(b) nothing in paragraph (a) requires all the offences potentially comprised in that number to be specified.
(4) In relation to an offence under this section, reference in this Part to the offences specified in the indictment is to the offences specified by virtue of subsection (3)(a).
(1) Sections 44, 45 and 46 are to be read in accordance with this section.
(2) If it is alleged under section 44(1)(b) that a person (D) intended to encourage or assist the commission of an offence, it is sufficient to prove that he intended to encourage or assist the doing of an act which would amount to the commission of that offence.
(3) If it is alleged under section 45(b) that a person (D) believed that an offence would be committed and that his act would encourage or assist its commission, it is sufficient to prove that he believed—
(a) that an act would be done which would amount to the commission of that offence; and
(b) that his act would encourage or assist the doing of that act.
(4) If it is alleged under section 46(1)(b) that a person (D) believed that one or more of a number of offences would be committed and that his act would encourage or assist the commission of one or more of them, it is sufficient to prove that he believed—
(a) that one or more of a number of acts would be done which would amount to the commission of one or more of those offences; and
(b) that his act would encourage or assist the doing of one or more of those acts.
(5) In proving for the purposes of this section whether an act is one which, if done, would amount to the commission of an offence—
(a) if the offence is one requiring proof of fault, it must be proved that—
(i) D believed that, were the act to be done, it would be done with that fault;
(ii) D was reckless as to whether or not it would be done with that fault; or
(iii) D's state of mind was such that, were he to do it, it would be done with that fault; and
(b) if the offence is one requiring proof of particular circumstances or consequences (or both), it must be proved that—
(i) D believed that, were the act to be done, it would be done in those circumstances or with those consequences; or
(ii) D was reckless as to whether or not it would be done in those circumstances or with those consequences.
(6) For the purposes of subsection (5)(a)(iii), D is to be assumed to be able to do the act in question.
(7) In the case of an offence under section 44—
(a) subsection (5)(b)(i) is to be read as if the reference to “D believed” were a reference to “D intended or believed”; but
(b) D is not to be taken to have intended that an act would be done in particular circumstances or with particular consequences merely because its being done in those circumstances or with those consequences was a foreseeable consequence of his act of encouragement or assistance.
(8) Reference in this section to the doing of an act includes reference to—
(a) a failure to act;
(b) the continuation of an act that has already begun;
(c) an attempt to do an act (except an act amounting to the commission of the offence of attempting to commit another offence).
(9) In the remaining provisions of this Part (unless otherwise provided) a reference to the anticipated offence is—
(a) in relation to an offence under section 44, a reference to the offence mentioned in subsection (2); and
(b) in relation to an offence under section 45, a reference to the offence mentioned in subsection (3).
(1) This section makes further provision about the application of section 47 to an offence under section 46.
(2) It is sufficient to prove the matters mentioned in section 47(5) by reference to one offence only.
(3) The offence or offences by reference to which those matters are proved must be one of the offences specified in the indictment.
(4) Subsection (3) does not affect any enactment or rule of law under which a person charged with one offence may be convicted of another and is subject to section 57.
(1) A person may commit an offence under this Part whether or not any offence capable of being encouraged or assisted by his act is committed.
(2) If a person's act is capable of encouraging or assisting the commission of a number of offences—
(a) section 44 applies separately in relation to each offence that he intends to encourage or assist to be committed; and
(b) section 45 applies separately in relation to each offence that he believes will be encouraged or assisted to be committed.
(3) A person may, in relation to the same act, commit an offence under more than one provision of this Part.
(4) In reckoning whether—
(a) for the purposes of section 45, an act is capable of encouraging or assisting the commission of an offence; or
(b) for the purposes of section 46, an act is capable of encouraging or assisting the commission of one or more of a number of offences;
offences under this Part and listed offences are to be disregarded.
(5) “Listed offence” means—
(a) in England and Wales, an offence listed in Part 1, 2 or 3 of Schedule 3; and
(b) in Northern Ireland, an offence listed in Part 1, 4 or 5 of that Schedule.
(6) The Secretary of State may by order amend Schedule 3.
(6A) The power to make an order under subsection (6) for the purposes of subsection (5)(b) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as the power may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).
(7) For the purposes of sections 45(b)(i) and 46(1)(b)(i) it is sufficient for the person concerned to believe that the offence (or one or more of the offences) will be committed if certain conditions are met.
(1) A person is not guilty of an offence under this Part if he proves—
(a) that he knew certain circumstances existed; and
(b) that it was reasonable for him to act as he did in those circumstances.
(2) A person is not guilty of an offence under this Part if he proves—
(a) that he believed certain circumstances to exist;
(b) that his belief was reasonable; and
(c) that it was reasonable for him to act as he did in the circumstances as he believed them to be.
(3) Factors to be considered in determining whether it was reasonable for a person to act as he did include—
(a) the seriousness of the anticipated offence (or, in the case of an offence under section 46, the offences specified in the indictment);
(b) any purpose for which he claims to have been acting;
(c) any authority by which he claims to have been acting.
50A Extra-territorial offences: defence for intelligence services and armed forces
(1) This section applies where a person is charged with an offence under this Part by reason of a provision of Schedule 4 (extra-territorial jurisdiction).
(2) It is a defence for the person to show that their act was necessary for—
(a) the proper exercise of a function of an intelligence service, or
(b) the proper exercise of a function of the armed forces relating to intelligence.
(3) A person is taken to have shown that their act was so necessary if—
(a) sufficient evidence of that fact is adduced to raise an issue with respect to it, and
(b) the contrary is not proved beyond reasonable doubt.
(4) The head of each intelligence service must ensure that the service has in place arrangements designed to ensure that acts of a member of the service to which a provision of Schedule 4 applies are necessary for the proper exercise of a function of the service.
(5) The Defence Council must ensure that the armed forces have in place arrangements designed to ensure that acts of—
(a) a member of the armed forces, or
(b) a civilian subject to service discipline when working in support of a member of the armed forces,
to which a provision of Schedule 4 applies are necessary for the proper exercise of a function of the armed forces relating to intelligence.
(6) The arrangements which must be in place by virtue of subsection (4) or (5) must be arrangements which the Secretary of State considers to be satisfactory.
(7) In this section—
“armed forces” means His Majesty’s forces (within the meaning of the Armed Forces Act 2006);
“civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006;
“GCHQ” has the meaning given by section 3(3) of the Intelligence Services Act 1994;
“head” means—
in relation to the Security Service, the Director General of the Security Service,
in relation to the Secret Intelligence Service, the Chief of the Secret Intelligence Service, and
in relation to GCHQ, the Director of GCHQ;
“intelligence service” means the Security Service, the Secret Intelligence Service or GCHQ.
(1) In the case of protective offences, a person does not commit an offence under this Part by reference to such an offence if—
(a) he falls within the protected category; and
(b) he is the person in respect of whom the protective offence was committed or would have been if it had been committed.
(2) “Protective offence” means an offence that exists (wholly or in part) for the protection of a particular category of persons (“the protected category”).
51A Exceptions to section 44 for encouraging or assisting suicide or serious self-harm
(1) Section 44 does not apply to an offence under section 2(1) of the Suicide Act 1961 or section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (offence of encouraging or assisting suicide).
(2) Section 44 does not apply to an offence under section 184(1) of the Online Safety Act 2023 (offence of encouraging or assisting serious self-harm).
(1) If a person (D) knows or believes that what he anticipates might take place wholly or partly in England or Wales, he may be guilty of an offence under section 44, 45 or 46 no matter where he was at any relevant time.
(2) If it is not proved that D knows or believes that what he anticipates might take place wholly or partly in England or Wales, he is not guilty of an offence under section 44, 45 or 46 unless paragraph 1, 2 or 3 of Schedule 4 applies.
(3) A reference in this section (and in any of those paragraphs) to what D anticipates is to be read as follows—
(a) in relation to an offence under section 44 or 45, it refers to the act which would amount to the commission of the anticipated offence;
(b) in relation to an offence under section 46, it refers to an act which would amount to the commission of any of the offences specified in the indictment.
(4) In their application to Northern Ireland, this section and Schedule 4 have effect as if references to—
(a) England or Wales; and
(b) England and Wales;
were references to Northern Ireland.
(5) Nothing in this section or Schedule 4 restricts the operation of any enactment by virtue of which an act constituting an offence under this Part is triable under the law of England and Wales or Northern Ireland.
53 Prosecution of offences triable by reason of Schedule 4
(1) No proceedings for an offence triable by reason of any provision of Schedule 4 may be instituted—
(a) in England and Wales, except by, or with the consent of, the Attorney General; or
(b) in Northern Ireland, except by, or with the consent of, the Advocate General for Northern Ireland.
(2) Subsection (1) does not apply to an offence under this Part to which section 10 of the Bribery Act 2010 applies by virtue of section 54(1) and (2) below (encouraging or assisting bribery).
54 Institution of proceedings etc. for an offence under this Part
(1) Any provision to which this section applies has effect with respect to an offence under this Part as it has effect with respect to the anticipated offence.
(2) This section applies to provisions made by or under an enactment (whenever passed or made) that—
(a) provide that proceedings may not be instituted or carried on otherwise than by, or on behalf or with the consent of, any person (including any provision which also makes exceptions to the prohibition);
(b) confer power to institute proceedings;
(c) confer power to seize and detain property;
(d) confer a power of forfeiture, including any power to deal with anything liable to be forfeited.
(3) In relation to an offence under section 46—
(a) the reference in subsection (1) to the anticipated offence is to be read as a reference to any offence specified in the indictment; and
(b) each of the offences specified in the indictment must be an offence in respect of which the prosecutor has power to institute proceedings.
(4) Any consent to proceedings required as a result of this section is in addition to any consent required by section 53.
(5) No proceedings for an offence under this Part are to be instituted against a person providing information society services who is established in an EEA State ... unless the derogation condition is satisfied.
(6) The derogation condition is satisfied where the institution of proceedings—
(a) is necessary to pursue the public interest objective;
(b) relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to it; and
(c) is proportionate to that objective.
(7) The public interest objective is public policy.
(8) In this section “information society services” has the same meaning as in section 34, and subsection (7) of that section applies for the purposes of this section as it applies for the purposes of that section.
56 Persons who may be perpetrators or encouragers etc.
(1) In proceedings for an offence under this Part (“the inchoate offence”) the defendant may be convicted if—
(a) it is proved that he must have committed the inchoate offence or the anticipated offence; but
(b) it is not proved which of those offences he committed.
(2) For the purposes of this section, a person is not to be treated as having committed the anticipated offence merely because he aided, abetted, counselled or procured its commission.
(3) In relation to an offence under section 46, a reference in this section to the anticipated offence is to be read as a reference to an offence specified in the indictment.
(1) If in proceedings on indictment for an offence under section 44 or 45 a person is not found guilty of that offence by reference to the specified offence, he may be found guilty of that offence by reference to an alternative offence.
(2) If in proceedings for an offence under section 46 a person is not found guilty of that offence by reference to any specified offence, he may be found guilty of that offence by reference to one or more alternative offences.
(3) If in proceedings for an offence under section 46 a person is found guilty of the offence by reference to one or more specified offences, he may also be found guilty of it by reference to one or more other alternative offences.
(4) For the purposes of this section, an offence is an alternative offence if—
(a) it is an offence of which, on a trial on indictment for the specified offence, an accused may be found guilty; or
(b) it is an indictable offence, or one to which section 40 of the Criminal Justice Act 1988 (c. 33) applies (power to include count for common assault etc. in indictment), and the condition in subsection (5) is satisfied.
(5) The condition is that the allegations in the indictment charging the person with the offence under this Part amount to or include (expressly or by implication) an allegation of that offence by reference to it.
(6) Subsection (4)(b) does not apply if the specified offence, or any of the specified offences, is murder or treason.
(7) In the application of subsection (5) to proceedings for an offence under section 44, the allegations in the indictment are to be taken to include an allegation of that offence by reference to the offence of attempting to commit the specified offence.
(8) Section 49(4) applies to an offence which is an alternative offence in relation to a specified offence as it applies to that specified offence.
(9) In this section—
(a) in relation to a person charged with an offence under section 44 or 45, “the specified offence” means the offence specified in the indictment as the one alleged to be the anticipated offence;
(b) in relation to a person charged with an offence under section 46, “specified offence” means an offence specified in the indictment (within the meaning of subsection (4) of that section), and related expressions are to be read accordingly.
(10) A person arraigned on an indictment for an offence under this Part may plead guilty to an offence of which he could be found guilty under this section on that indictment.
(11) This section applies to an indictment containing more than one count as if each count were a separate indictment.
(12) This section is without prejudice to—
(a) section 6(1)(b) and (3) of the Criminal Law Act 1967 (c. 58);
(b) section 6(1)(b) and (2) of the Criminal Law Act (Northern Ireland) 1967 (c. 18).
(1) Subsections (2) and (3) apply if—
(a) a person is convicted of an offence under section 44 or 45; or
(b) a person is convicted of an offence under section 46 by reference to only one offence (“the reference offence”).
(2) If the anticipated or reference offence is murder, he is liable to imprisonment for life.
(3) In any other case he is liable to any penalty for which he would be liable on conviction of the anticipated or reference offence.
(4) Subsections (5) to (7) apply if a person is convicted of an offence under section 46 by reference to more than one offence (“the reference offences”).
(5) If one of the reference offences is murder, he is liable to imprisonment for life.
(6) If none of the reference offences is murder but one or more of them is punishable with imprisonment, he is liable—
(a) to imprisonment for a term not exceeding the maximum term provided for any one of those offences (taking the longer or the longest term as the limit for the purposes of this paragraph where the terms provided differ); or
(b) to a fine.
(7) In any other case he is liable to a fine.
(8) Subsections (3), (6) and (7) are subject to any contrary provision made by or under—
(a) an Act; or
(b) Northern Ireland legislation.
(9) In the case of an offence triable either way, the reference in subsection (6) to the maximum term provided for that offence is a reference to the maximum term so provided on conviction on indictment.
61 Repeal of offence of enabling unauthorised access to computer material
(1) The Police and Justice Act 2006 (c. 48) is amended as follows.
(2) In section 35 (unauthorised access to computer material), omit subsection (2).
(3) In section 36 (unauthorised acts with intent to impair operation of computer, etc.), in the section to be substituted for section 3 of the Computer Misuse Act 1990 (c. 18)—
(a) in subsection (2)—
(i) at the end of paragraph (b), insert “ or ”; and
(ii) omit paragraph (d) and the word “or” preceding it;
(b) in subsection (3) for “to (d)” substitute “ to (c) ”.
(4) In section 38 (transitional and saving provision), omit subsection (1).
(5) In Schedule 14 (minor and consequential amendments), omit paragraphs 19(2) and 29(2).