Criminal Justice Act 1993
1993 c. 36
An Act to make provision about the jurisdiction of courts in England and Wales in relation to certain offences of dishonesty and blackmail; to amend the law about drug trafficking offences and to implement provisions of the Community Council Directive No. 91/308/EEC; to amend Part VI of the Criminal Justice Act 1988; to make provision with respect to the financing of terrorism, the proceeds of terrorist-related activities and the investigation of terrorist activities; to amend Part I of the Criminal Justice Act 1991; to implement provisions of the Community Council Directive No. 89/592/EEC and to amend and restate the law about insider dealing in securities; to provide for certain offences created by the Banking Coordination (Second Council Directive) Regulations 1992 to be punishable in the same way as offences under sections 39, 40 and 41 of the Banking Act 1987 and to enable regulations implementing Article 15 of the Community Council Directive No. 89/646/EEC and Articles 3, 6 and 7 of the Community Council Directive No. 92/30/EEC to create offences punishable in that way; to make provision with respect to the penalty for causing death by dangerous driving or causing death by careless driving while under the influence of drink or drugs; to make it an offence to assist in or induce certain conduct which for the purposes of, or in connection with, the provisions of EU law is unlawful in another member State; to provide for the introduction of safeguards in connection with the return of persons under backing of warrants arrangements; to amend the Criminal Procedure (Scotland) Act 1975 and Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993; and for connected purposes.
[27th July 1993]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1) This Part applies to two groups of offences—
(a) any offence mentioned in subsection (2) (a “Group A offence”); and
(b) any offence mentioned in subsection (3) (a “Group B offence”).
(2) The Group A offences are—
(a) an offence under any of the following provisions of the Theft Act 1968—
section 1 (theft);
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section 17 (false accounting);
section 19 (false statements by company directors, etc.);
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section 21 (blackmail);
section 22 (handling stolen goods);
section 24A (retaining credits from dishonest sources, etc.
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(bb) an offence under any of the following provisions of the Fraud Act 2006—
(i) section 1 (fraud);
(ii) section 6 (possession etc. of articles for use in frauds);
(iii) section 7 (making or supplying articles for use in frauds);
(iv) section 9 (participating in fraudulent business carried on by sole trader etc.);
(v) section 11 (obtaining services dishonestly).
(c) an offence under any of the following provisions of the Forgery and Counterfeiting Act 1981—
section 1 (forgery);
section 2 (copying a false instrument);
section 3 (using a false instrument);
section 4 (using a copy of a false instrument);
section 5 (offences which relate to money orders, share certificates, passports, etc.);
section 14 (offences of counterfeiting notes and coins);
section 15 (offences of passing etc counterfeit notes and coins);
section 16 (offences involving the custody or control of counterfeit notes and coins);
section 17 (offences involving the making or custody or control of counterfeiting materials and implements);
section 20 (prohibition of importation of counterfeit notes and coins);
section 21 (prohibition of exportation of counterfeit notes and coins);
(ca) an offence under any of sections 4 to 6 of the Identity Documents Act 2010;
(d) the common law offence of cheating in relation to the public revenue.
(3) The Group B offences are—
(a) conspiracy to commit a Group A offence;
(b) conspiracy to defraud;
(c) attempting to commit a Group A offence;
(d) incitement to commit a Group A offence.
(4) The Secretary of State may by order amend subsection (2) or (3) by adding or removing any offence.
(5) The power to make such an order shall be exercisable by statutory instrument.
(6) No order shall be made under subsection (4) unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
(1) For the purposes of this Part, “relevant event”, in relation to any Group A offence, means (subject to subsection (1A)) any act or omission or other event (including any result of one or more acts or omissions) proof of which is required for conviction of the offence.
(1A) In relation to an offence under section 1 of the Fraud Act 2006 (fraud), “relevant event” includes—
(a) if the fraud involved an intention to make a gain and the gain occurred, that occurrence;
(b) if the fraud involved an intention to cause a loss or to expose another to a risk of loss and the loss occurred, that occurrence.
(2) For the purpose of determining whether or not a particular event is a relevant event in relation to a Group A offence, any question as to where it occurred is to be disregarded.
(3) A person may be guilty of a Group A offence if any of the events which are relevant events in relation to the offence occurred in England and Wales.
3 Questions immaterial to jurisdiction in the case of certain offences.
(1) A person may be guilty of a Group A or Group B offence whether or not—
(a) he was a British citizen at any material time;
(b) he was in England and Wales at any such time.
(2) On a charge of conspiracy to commit a Group A offence, or on a charge of conspiracy to defraud in England and Wales, the defendant may be guilty of the offence whether or not—
(a) he became a party to the conspiracy in England and Wales;
(b) any act or omission or other event in relation to the conspiracy occurred in England and Wales.
(3) On a charge of attempting to commit a Group A offence, the defendant may be guilty of the offence whether or not—
(a) the attempt was made in England and Wales;
(b) it had an effect in England and Wales.
(4) Subsection (1)(a) does not apply where jurisdiction is given to try the offence in question by an enactment which makes provision by reference to the nationality of the person charged.
(5) Subsection (2) does not apply in relation to any charge under the Criminal Law Act 1977 brought by virtue of section 1A of that Act.
(6) Subsection (3) does not apply in relation to any charge under the Criminal Attempts Act 1981 brought by virtue of section 1A of that Act.
4 Rules for determining certain jurisdictional questions relating to the location of events.
In relation to a Group A or Group B offence—
(a) there is an obtaining of property in England and Wales if the property is either despatched from or received at a place in England and Wales; and
(b) there is a communication in England and Wales of any information, instruction, request, demand or other matter if it is sent by any means—
(i) from a place in England and Wales to a place elsewhere; or
(ii) from a place elsewhere to a place in England and Wales.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The following section shall be inserted in the Criminal Attempts Act 1981, after section 1—
Extended jurisdiction in relation to certain attempts.
1A (1) If this section applies to an act, what the person doing the act had in view shall be treated as an offence to which section 1(1) above applies.
(2) This section applies to an act if—
(a) it is done in England and Wales, and
(b) it would fall within section 1(1) above as more than merely preparatory to the commission of a Group A offence but for the fact that that offence, if completed, would not be an offence triable in England and Wales.
(3) In this section “Group A offence” has the same meaning as in Part 1 of the Criminal Justice Act 1993.
(4) Subsection (1) above is subject to the provisions of section 6 of the Act of 1993 (relevance of external law).
(5) Where a person does any act to which this section applies, the offence which he commits shall for all purposes be treated as the offence of attempting to commit the relevant Group A offence.
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(3) A person may be guilty of conspiracy to defraud if—
(a) a party to the agreement constituting the conspiracy, or a party’s agent, did anything in England and Wales in relation to the agreement before its formation, or
(b) a party to it became a party in England and Wales (by joining it either in person or through an agent), or
(c) a party to it, or a party’s agent, did or omitted anything in England and Wales in pursuance of it,
and the conspiracy would be triable in England and Wales but for the fraud which the parties to it had in view not being intended to take place in England and Wales.
(4) A person may be guilty of incitement to commit a Group A offence if the incitement—
(a) takes place in England and Wales; and
(b) would be triable in England and Wales but for what the person charged had in view not being an offence triable in England and Wales.
(5) Subsections (3) and (4) are subject to section 6.
(1) A person is guilty of an offence triable . . . by virtue of section 5(3), only if the pursuit of the agreed course of conduct would at some stage involve—
(a) an act or omission by one or more of the parties, or
(b) the happening of some other event,
constituting an offence under the law in force where the act, omission or other event was intended to take place.
(2) A person is guilty of an offence triable by virtue of section 1A of the Criminal Attempts Act 1981, or by virtue of section 5(4), only if what he had in view would involve the commission of an offence under the law in force where the whole or any part of it was intended to take place.
(3) Conduct punishable under the law in force in any place is an offence under that law for the purposes of this section, however it is described in that law.
(4) Subject to subsection (6), a condition specified in subsection (1) or (2) shall 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 with respect to the relevant conduct, 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.
(5) In subsection (4) “the relevant conduct” means—
(a) where the condition in subsection (1) is in question, the agreed course of conduct; and
(b) where the condition in subsection (2) is in question, what the defendant had in view.
(6) The court, if it thinks fit, may permit the defence to require the prosecution to show that the condition is satisfied without the prior service of a notice under subsection (4).
(7) In the Crown Court, the question whether the condition is satisfied shall be decided by the judge alone.
(8) The following paragraph shall be inserted in section 9(3) of the Criminal Justice Act 1987 (preparatory hearing in a case of serious fraud), before paragraph (b)—
(aa) a question arising under section 6 of the Criminal Justice Act 1993 (relevance of external law to certain charges of conspiracy, attempt and incitement);
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17 Acquisition, possession or use of proceeds of drug trafficking: Scotland.
(1) The following section shall be inserted in the Criminal Justice (Scotland) Act 1987, after section 42—
Acquisition, possession or use of proceeds of drug trafficking.
42A (1) A person is guilty of an offence if, knowing that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of drug trafficking, he acquires or uses that property or has possession of it.
(2) It is a defence to a charge of committing an offence under this section that the person charged acquired or used the property or had possession of it for adequate consideration.
(3) For the purposes of subsection (2) above—
(a) a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property; and
(b) a person uses or has possession of property for inadequate consideration if the value of the consideration is significantly less than the value of his use or possession of the property.
(4) The provision for any person of services or goods which are of assistance to him in drug trafficking shall not be treated as consideration for the purposes of subsection (2) above.
(5) Where a person discloses to a constable or to a person commissioned by the Commissioners of Customs and Excise a suspicion or belief that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of drug trafficking, or discloses to a constable or a person so commissioned any matter on which such a suspicion or belief is based—
(a) the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise; and
(b) if he does any act in relation to the property in contravention of subsection (1) above, he does not commit an offence under this section if—
(i) the disclosure is made before he does the act concerned and the act is done with the consent of the constable or person so commissioned, or
(ii) the disclosure is made after he does the act, but on his initiative and as soon as it is reasonable for him to make it.
(6) For the purposes of this section having possession of any property shall be taken to be doing an act in relation to it.
(7) In proceedings against a person for an offence under this section, it is a defence to prove that—
(a) he intended to disclose to a constable or a person so commissioned such a suspicion, belief or matter as is mentioned in subsection (5) above; but
(b) there is reasonable excuse for his failure to make the disclosure in accordance with paragraph (b) of that subsection.
(8) In the case of a person who was in employment at the relevant time, subsections (5) and (7) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable or a person so commissioned.
(9) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; or
(b) on conviction on indictment, to imprisonment for a term not exceeding fourteen years or to a fine or to both.
(10) No constable, person so commissioned or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to drug trafficking or the proceeds of such trafficking.
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(2) In section 3(3) of the Act of 1987 (circumstances where assumptions are not to be made), after the word “section” where it first occurs there shall be inserted the words “ 42A or ”.
19 Offences in connection with laundering money from drug trafficking: Scotland.
(1) The following sections shall be inserted after section 43 of the Criminal Justice (Scotland) Act 1987—
Failure to disclose knowledge or suspicion of money laundering.
43A (1) A person is guilty of an offence if—
(a) he knows, or suspects, that another person is engaged in drug money laundering,
(b) the information, or other matter, on which that knowledge or suspicion is based came to his attention in the course of his trade, profession, business or employment, and
(c) he does not disclose the information or other matter to a constable or to a person commissioned by the Commissioners of Customs and Excise as soon as is reasonably practicable after it comes to his attention.
(2) Subsection (1) above does not make it an offence for a professional legal adviser to fail to disclose any information or other matter which has come to him in privileged circumstances.
(3) It is a defence to a charge of committing an offence under this section that the person charged had a reasonable excuse for not disclosing the information or other matter in question.
(4) Where a person discloses to a constable or a person so commissioned—
(a) his suspicion or belief that another person is engaged in drug money laundering, or
(b) any information or other matter on which that suspicion or belief is based,
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
(5) Without prejudice to subsection (3) or (4) above, in the case of a person who was in employment at the relevant time, it is a defence to a charge of committing an offence under this section that he disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.
(6) A disclosure to which subsection (5) above applies shall not be treated as a breach of any restriction imposed by statute or otherwise.
(7) In this section “drug money laundering” means doing any act which constitutes an offence under—
(a) section 42A or 43 of this Act; or
(b) section 14 of the Criminal Justice (International Co-operation) Act 1990 (concealing or transferring proceeds of drug trafficking),
or, in the case of an act done otherwise than in Scotland, would constitute such an offence if done in Scotland.
(8) For the purposes of subsection (7) above, having possession of any property shall be taken to be doing an act in relation to it.
(9) For the purposes of this section, any information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated, or given, to him—
(a) by, or by a representative of, a client of his in connection with the giving by the adviser of legal advice to the client;
(b) by, or by a representative of, a person seeking legal advice from the adviser; or
(c) by any person—
(i) in contemplation of, or in connection with, legal proceedings; and
(ii) for the purpose of those proceedings.
(10) No information or other matter shall be treated as coming to a professional legal adviser in privileged circumstances if it is communicated or given with a view to furthering any criminal purpose.
(11) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or to both, or
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine, or to both.
Tipping-off.
43B (1) A person is guilty of an offence if—
(a) he knows or suspects that a constable or a person commissioned by the Commissioners of Customs and Excise is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted into drug money laundering within the meaning of subsections (7) and (8) of section 43A of this Act; and
(b) he discloses to any other person information or any other matter which is likely to prejudice that investigation, or proposed investigation.
(2) A person is guilty of an offence if—
(a) he knows or suspects that a disclosure has been made to a constable, or a person so commissioned, under section 42A, 43 or 43A of this Act; and
(b) he discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.
(3) A person is guilty of an offence if—
(a) he knows or suspects that a disclosure of a kind mentioned in section 42A(8), 43(4A) or 43A(5) of this Act has been made; and
(b) he discloses to any person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.
(4) Nothing in subsections (1) to (3) above makes it an offence for a professional legal adviser to disclose any information or other matter—
(a) to, or to a representative of, a client of his in connection with the giving by the adviser of legal advice to the client; or
(b) to any person—
(i) in contemplation of, or in connection with, legal proceedings; and
(ii) for the purpose of those proceedings.
(5) Subsection (4) above does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.
(6) In proceedings against a person for an offence under subsection (1), (2) or (3) above, it is a defence to prove that he did not know or suspect that the disclosure was likely to be prejudicial in the way mentioned in that subsection.
(7) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or to both, or
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine, or to both.
(8) No constable, person so commissioned or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to drug trafficking or the proceeds of such trafficking.
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(2) In section 43 of the Act of 1987 (assisting another to retain the proceeds of drug trafficking)—
(a) in subsection (3), after the words “trafficking or” there shall be inserted the words “ discloses to a constable or a person so commissioned ”; and
(b) in paragraph (a) of subsection (3), for the word “contract” there shall be substituted “ statute or otherwise ”.
(3) After subsection (4) of that section, there shall be inserted the following subsection—
(4A) In the case of a person who was in employment at the relevant time, subsections (3) and (4) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable or a person commissioned as aforesaid.
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20 Prosecution by order of the Commissioners of Customs and Excise.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The following section shall be inserted in the Criminal Justice (Scotland) Act 1987, after section 40—
Prosecution by order of the Commissioners of Customs and Excise.
40A (1) Summary proceedings for a specified offence may be instituted by order of the Commissioners and shall, if so instituted, be commenced in the name of an officer.
(2) In the case of the death, removal, discharge or absence of the officer in whose name any proceedings for a specified offence were commenced, those proceedings may be continued by another officer.
(3) Where the Commissioners investigate, or propose to investigate, any matter with a view to determining—
(a) whether there are grounds for believing that a specified offence has been committed, or
(b) whether a person should be prosecuted for a specified offence,
that matter shall be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979.
(4) Nothing in this section shall be taken—
(a) to prevent any person (including any officer) who has power to arrest, detain or prosecute any person for a specified offence from doing so; or
(b) to prevent a court from proceeding to deal with a person brought before it following his arrest by an officer for a specified offence, even though the proceedings have not been instituted by an order made under subsection (1) above.
(5) In this section—
“the Commissioners” means the Commissioners of Customs and Excise;
“officer” means a person commissioned by the Commissioners; and
“specified offence” means—
an offence under section 42, 42A, 43, 43A or 43B of this Act or section 14 of the Criminal Justice (International Co-operation) Act 1990 (concealing or transferring proceeds of drug trafficking);
attempting to commit, conspiracy to commit or incitement to commit, any such offence; or
any other offence of a kind prescribed in regulations made by the Secretary of State for the purposes of this section.
(6) Regulations under subsection (5) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
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22 Enforcement of Northern Ireland orders: drug trafficking.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In section 29 of the Criminal Justice (Scotland) Act 1987 (enforcement of Northern Ireland orders), the following subsection shall be inserted after subsection (3)—
(3A) An Order in Council under this section may, in particular, provide for section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of United Kingdom judgments in other parts of the United Kingdom) not to apply in relation to such orders as may be prescribed by the Order.
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23 Transfer of certain enforcement powers to the Commissioners of Customs and Excise.
(1) The functions of the Secretary of State under section 20 of the Criminal Justice (International Co-operation) Act 1990 (enforcement powers in relation to ships) are transferred to the Commissioners of Customs and Excise.
(2) The following consequential amendments shall be made in the Act of 1990—
(a) in section 20, for “Secretary of State”, “he” and “his”, wherever they occur, there shall be substituted, respectively, “ Commissioners of Customs and Excise ”, “ they ” and “ their ”;
(b) in section 21(3), for “ Secretary of State”, where first occurring, there shall be substituted “ Commissioners of Customs and Excise ”; and
(c) in paragraph 2(2) of Schedule 3, for “Secretary of State” there shall be substituted “ Commissioners of Customs and Excise ”.
(3) The transfer of functions effected by this section shall not affect the validity of any action taken or begun under section 20 of the Act of 1990 before the coming into force of this section.