Criminal Justice Act 1993

PART I E+W JURISDICTION

1 Offences to which this Part applies. E+W

(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 M1 Theft Act 1968—

• section 1 (theft);

• section 15 (obtaining property by deception);

• [F1 section 15A (obtaining a money transfer by deception);]

• section 16 (obtaining pecuniary advantage by deception);

• section 17 (false accounting);

• section 19 (false statements by company directors, etc.);

• section 20(2) (procuring execution of valuable security by deception);

• section 21 (blackmail);

• section 22 (handling stolen goods);

• [F2 section 24A (retaining credits from dishonest sources, etc.]

(b) an offence under either of the following provisions of the M2 Theft Act 1978—

• section 1 (obtaining services by deception);

• section 2 (avoiding liability by deception);

(c) an offence under any of the following provisions of the M3 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.);

• [F3 section 14 (offences of counterfeiting notes and coins);

• F3 section 15 (offences of passing etc counterfeit notes and coins);

• F3 section 16 (offences involving the custody or control of counterfeit notes and coins);

• F3 section 17 (offences involving the making or custody or control of counterfeiting materials and implements);

• F3 section 20 (prohibition of importation of counterfeit notes and coins);

• F3 section 21 (prohibition of exportation of counterfeit notes and coins);]

(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.

Textual Amendments

F1 S. 1(2): entry relating to s. 15A inserted (18.12.1996) by 1996 c. 62, s. 3(2)

F2 S. 1(2): entry relating to s. 24A inserted (18.12.1996) by 1996 c. 62, s. 3(3)

F3 Entries in s. 1(2)(c) inserted (1.8.2000) by S.I. 2000/1878, art. 2

Marginal Citations

M1 1968 c. 60.

M2 1978 c. 31.

M3 1981 c. 45.

2 Jurisdiction in respect of Group A offences. E+W

(1) For the purposes of this Part, “relevant event”, in relation to any Group A offence, means 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.

(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. E+W

(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 M4 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 M5 Criminal Attempts Act 1981 brought by virtue of section 1A of that Act.

Marginal Citations

M4 1977 c. 45.

M5 1981 c. 47.

4 Rules for determining certain jurisdictional questions relating to the location of events. E+W

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.

5 Conspiracy, attempt and incitement. E+W

F4 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The following section shall be inserted in the M6 Criminal Attempts Act 1981, after section 1—

“1A Extended jurisdiction in relation to certain attempts.

(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.”.

(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.

Textual Amendments

F4 S. 5(1) repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 7(1), Sch. 2 Pt. II (with s. 9(3))

Commencement Information

I1 S. 5 partly in force; s. 5 not in force at Royal Assent see s. 78; s. 5(2) in force at (1.6.1999) by S.I. 1999/1189, art. 2; s. 5(3)-(5) in force at (1.6.1999) by S.I. 1999/1499, art. 2

Marginal Citations

M6 1981 c. 47.

6 Relevance of external law. E+W

(1) A person is guilty of an offence triable F5 . . . 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 M7 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 M8 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);”.

Textual Amendments

F5 Words in s. 6(1) repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 7(2), Sch. 2 Pt. II (with s. 9(3))

Marginal Citations

M7 1981 c. 47.

M8 1987 c. 38.

Part II U.K. DRUG TRAFFICKING OFFENCES

Confiscation orders E+W+S

F6 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F6 S. 7 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

F7 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F7 S. 8 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

F8 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F8 S. 9 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

F9 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F9 S. 10 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

F10 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F10 S. 11 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

F11 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F11 S. 12 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

F12 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F12 S. 13 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

Death or absence of defendant E+W

F13 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F13 S. 14 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

F14 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F14 S. 15 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

Offences U.K.

F15 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F15 S. 16 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

17 Acquisition, possession or use of proceeds of drug trafficking: Scotland. S

(1) The following section shall be inserted in the M9 Criminal Justice (Scotland) Act 1987, after section 42—

“42A Acquisition, possession or use of proceeds of drug trafficking.

(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.”.

(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 ”.

Marginal Citations

M9 1987 c. 41.

F16 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F16 S. 18 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

19 Offences in connection with laundering money from drug trafficking: Scotland. S

(1) The following sections shall be inserted after section 43 of the M10 Criminal Justice (Scotland) Act 1987—

“43A Failure to disclose knowledge or suspicion of money laundering.

(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 M11 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.

43B Tipping-off.

(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.”.

(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.”.

Marginal Citations

M10 1987 c. 41.

M11 1990 c. 5.

20 Prosecution by order of the Commissioners of Customs and Excise. E+W+S

F17 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The following section shall be inserted in the M12 Criminal Justice (Scotland) Act 1987, after section 40—

“40A Prosecution by order of the Commissioners of Customs and Excise.

(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 M13 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—

  (a)

  an offence under section 42, 42A, 43, 43A or 43B of this Act or section 14 of the M14 Criminal Justice (International Co-operation) Act 1990 (concealing or transferring proceeds of drug trafficking);

  (b)

  attempting to commit, conspiracy to commit or incitement to commit, any such offence; or

  (c)

  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.”.

Extent Information

E1 S. 20 extends to England and Wales except for s. 20(2) which extends only to Scotland

Textual Amendments

F17 S. 20(1) repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

Marginal Citations

M12 1987 c. 41.

M13 1979 c. 2.

M14 1990 c. 5.

Enforcement U.K.

21 Enforcement of certain orders. U.K.

(1) In section 9 of the M15 Criminal Justice (International Co-operation) Act 1990 (enforcement of overseas forfeiture orders), in subsection (1)(b), the words “ or intended for use ” shall be inserted after “used”.

F18 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The same subsection as is inserted in section 24A of the Act of 1986 by subsection (2) shall be inserted in—

F18 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) section 29 of the M16 Criminal Justice (Scotland) Act 1987 (but in substitution for subsection (4));

(d) section 30 of the Act of 1987 (but in substitution for subsection (5));

(e) section 94 of the M17 Criminal Justice Act 1988 (but in substitution for subsection (4));

(f) section 95 of the Act of 1988 (but in substitution for subsection (3));

(g) section 96 of the Act of 1988 (but in substitution for subsection (5));

(h) section 9 of the M18 Criminal Justice (International Co-operation) Act 1990 (but in substitution for subsection (5)).

Extent Information

E2 For the extent of s. 21, see s. 79

Textual Amendments

F18 S. 21(2)(3)(a)(b) repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3 (with saving in Sch. 2 para. 8)

Marginal Citations

M15 1990 c. 5.

M16 1987 c. 41.

M17 1988 c. 33.

M18 1990 c. 5.

22 Enforcement of Northern Ireland orders: drug trafficking. E+W+S

F19 (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.”.

Extent Information

E3 S. 22 extends to E & W. except for s. 22(2) which extends only to Scotland

Textual Amendments

F19 S. 22(1) repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

23 Transfer of certain enforcement powers to the Commissioners of Customs and Excise. U.K.

(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.

Miscellaneous U.K.

24 Miscellaneous amendments. U.K.

F20 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) Section 1 of the M19 Criminal Justice (Scotland) Act 1987 (confiscation orders in relation to drug trafficking offences) shall be amended in accordance with subsections (13) to (15).

(13) In subsection (2) (offences in relation to which confiscation orders may be made), the following paragraph shall be inserted after paragraph (b)—

“(bb) an offence under section 42A of this Act;”.

(14) In subsection (6) (definition of “drug trafficking”), after paragraph (e) there shall be inserted the following paragraphs—

“(f) acquiring, having possession of or using property in contravention of section 42A of this Act;

(g) concealing or transferring the proceeds of drug trafficking in contravention of section 14 of the Act of 1990;

(h) using any ship for illicit traffic in controlled drugs in contravention of section 19 of the Act of 1990;”.

(15) After subsection (6) there shall be inserted the following subsection—

“(7) In paragraphs (e) to (g) of subsection (6) above, references to conduct in contravention of the enactments mentioned in those paragraphs include conduct which would contravene the enactments if it took place in Scotland.”.

Extent Information

E4 S. 24 extends to U.K. but s. 24(12)-(15) extend only to Scotland

Textual Amendments

F20 S. 24(1)-(11) repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

Commencement Information

I2 S. 24 partly in force; S. 24 not in force at Royal Assent; S. 24(12)-(15) in force for S. at 3.2.1995 by S.I. 1995/43, arts. 2, 3(2)

Marginal Citations

M19 1987 c. 41.

F21 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F21 S. 25 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

26 Disclosure of information etc. received in privileged circumstances. E+W+S

F22 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The same subsections as are inserted in section 31 of the Act of 1986 by subsection (1) shall be inserted in section 42 of the M20 Criminal Justice (Scotland) Act 1987 (corresponding Scottish provision).

Extent Information

E5 S. 26 extends to E & W except for s 26(2) which extends only to Scotland

Textual Amendments

F22 S. 26(1) repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3 (with saving in Sch. 2 para. 9)

Marginal Citations

M20 1987 c. 41.

Part III U.K. PROCEEDS OF CRIMINAL CONDUCT

Confiscation orders E+W

27 Confiscation orders. E+W

(1) Section 71 of the M21 Criminal Justice Act 1988 (confiscation orders) shall be amended as follows.

(2) The following subsection shall be inserted after subsection (7)—

“(7A) The standard of proof required to determine any question arising under this Part of this Act as to—

(a) whether a person has benefited as mentioned in subsection (2)(b)(i) above;

(b) whether his benefit is at least the minimum amount; or

(c) the amount to be recovered in his case by virtue of section 72 below,

shall be that applicable in civil proceedings.”.

(3) The following subsection shall be inserted at the end—

“(10) Subsection (9) above is subject to section 93E below.”.

Marginal Citations

M21 1988 c. 33.

28 Postponed determinations. E+W

The following section shall be inserted in the Criminal Justice Act 1988, after section 72—

“72A Postponed determinations.

(1) Where a court is acting under section 71 above but considers that it requires further information before—

(a) determining whether the defendant has benefited as mentioned in section 71(2)(b)(i) above;

(b) determining whether his benefit is at least the minimum amount; or

(c) determining the amount to be recovered in his case by virtue of section 72 above,

it may, for the purpose of enabling that information to be obtained, postpone making that determination for such period as it may specify.

(2) More than one postponement may be made under subsection (1) above in relation to the same case.

(3) Unless it is satisfied that there are exceptional circumstances, the court shall not specify a period under subsection (1) above which—

(a) by itself; or

(b) where there have been one or more previous postponements under subsection (1) above or (4) below, when taken together with the earlier specified period or periods,

exceeds six months beginning with the date of conviction.

(4) Where the defendant appeals against his conviction, the court may, on that account—

(a) postpone making any of the determinations mentioned in subsection (1) above for such period as it may specify; or

(b) where it has already exercised its powers under this section to postpone, extend the specified period.

(5) A postponement or extension under subsection (1) or (4) above may be made—

(a) on application by the defendant or the prosecutor; or

(b) by the court of its own motion.

(6) Unless the court is satisfied that there are exceptional circumstances, any postponement or extension under subsection (4) above shall not exceed the period ending three months after the date on which the appeal is determined or otherwise disposed of.

(7) Where the court exercises its power under subsection (1) or (4) above, it may nevertheless proceed to sentence, or otherwise deal with, the defendant in respect of the offence or any of the offences concerned.

(8) Where the court has so proceeded, section 72 above shall have effect as if—

(a) in subsection (4), the words from “before sentencing” to “offences concerned” were omitted; and

(b) in subsection (5), after “determining” there were inserted “in relation to any offence in respect of which he has not been sentenced or otherwise dealt with”.

(9) In sentencing, or otherwise dealing with, the defendant in respect of the offence, or any of the offences, concerned at any time during the specified period, the court shall not—

(a) impose any fine on him; or

(b) make any such order as is mentioned in section 72(5)(b) or (c) above.

(10) In this section, references to an appeal include references to an application under section 111 of the M22 Magistrates’ Courts Act 1980 (statement of case by magistrates’ court).

(11) In this section “the date of conviction” means—

(a) the date on which the defendant was convicted of the offence concerned, or

(b) where he was convicted in the same proceedings, but on different dates, of two or more offences which may be taken together for the purposes of subsection (2) or, as the case may be, (3) of section 71 above, the date of the latest of those convictions.”.

Marginal Citations

M22 1980 c. 43.

Money laundering and other offences U.K.

29 Assisting another to retain the benefit of criminal conduct. E+W+S

(1) The following section shall be inserted in the M23 Criminal Justice Act 1988, after section 93—

“ Money laundering and other offences E+W+S

93A Assisting another to retain the benefit of criminal conduct.

(1) Subject to subsection (3) below, if a person enters into or is otherwise concerned in an arrangement whereby—

(a) the retention or control by or on behalf of another (“A”) of A’s proceeds of criminal conduct is facilitated (whether by concealment, removal from the jurisdiction, transfer to nominees or otherwise); or

(b) A’s proceeds of criminal conduct—

(i) are used to secure that funds are placed at A’s disposal; or

(ii) are used for A’s benefit to acquire property by way of investment,

knowing or suspecting that A is a person who is or has been engaged in criminal conduct or has benefited from criminal conduct, he is guilty of an offence.

(2) In this section, references to any person’s proceeds of criminal conduct include a reference to any property which in whole or in part directly or indirectly represented in his hands his proceeds of criminal conduct.

(3) Where a person discloses to a constable a suspicion or belief that any funds or investments are derived from or used in connection with criminal conduct or discloses to a constable 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 contravention of subsection (1) above and the disclosure relates to the arrangement concerned, 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

(ii) the disclosure is made after he does the act, but is made on his initiative and as soon as it is reasonable for him to make it.

(4) In proceedings against a person for an offence under this section, it is a defence to prove—

(a) that he did not know or suspect that the arrangement related to any person’s proceeds of criminal conduct; or

(b) that he did not know or suspect that by the arrangement the retention or control by or on behalf of A of any property was facilitated or, as the case may be, that by the arrangement any property was used, as mentioned in subsection (1) above; or

(c) that—

(i) he intended to disclose to a constable such a suspicion, belief or matter as is mentioned in subsection (3) above in relation to the arrangement; but

(ii) there is reasonable excuse for his failure to make disclosure in accordance with subsection (3)(b) above.

(5) 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.

(6) 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 fourteen years or a fine or to both.

(7) In this Part of this Act “criminal conduct” means conduct which constitutes an offence to which this Part of this Act applies or would constitute such an offence if it had occurred in England and Wales or (as the case may be) Scotland.”.

(2) In section 102(1) of the Act of 1988 (interpretation of Part VI), the following definition shall be inserted after the definition of “interest” —

““proceeds of criminal conduct”, in relation to any person who has benefited from criminal conduct, means that benefit;”.

(3) In section 102(2) of the Act of 1988, the following entry shall be inserted in the table after the entry relating to section 71(9)(a)—

“Criminal conduct

Section 93A(7)”.

Marginal Citations

M23 1988 c. 33.

30 Acquisition, possession or use of proceeds of criminal conduct. E+W+S

The following section shall be inserted in the M24 Criminal Justice Act 1988, after section 93A—

“93B Acquisition, possession or use of proceeds of criminal conduct.

(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 criminal conduct, 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 criminal conduct shall not be treated as consideration for the purposes of subsection (2) above.

(5) Where a person discloses to a constable a suspicion or belief that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of criminal conduct or discloses to a constable 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 that 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

(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 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.

(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 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 a fine or to both.

(10) No constable 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 criminal conduct or the proceeds of such conduct.”.

Marginal Citations

M24 1988 c. 33.

31 Concealing or transferring proceeds of criminal conduct. E+W+S

The following section shall be inserted in the M25 Criminal Justice Act 1988, after section 93B—

“93C Concealing or transferring proceeds of criminal conduct.

(1) A person is guilty of an offence if he—

(a) conceals or disguises any property which is, or in whole or in part directly or indirectly represents, his proceeds of criminal conduct; or

(b) converts or transfers that property or removes it from the jurisdiction,

for the purpose of avoiding prosecution for an offence to which this Part of this Act applies or the making or enforcement in his case of a confiscation order.

(2) A person is guilty of an offence if, knowing or having reasonable grounds to suspect that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of criminal conduct, he—

(a) conceals or disguises that property; or

(b) converts or transfers that property or removes it from the jurisdiction,

for the purpose of assisting any person to avoid prosecution for an offence to which this Part of this Act applies or the making or enforcement in his case of a confiscation order.

(3) In subsections (1) and (2) above, the references to concealing or disguising any property include references to concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it.

(4) 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 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 a fine or to both.”.

Marginal Citations

M25 1988 c. 33.

32 Tipping-off. E+W+S

The following section shall be inserted in the M26 Criminal Justice Act 1988, after section 93C—

“93D Tipping-off.

(1) A person is guilty of an offence if—

(a) he knows or suspects that a constable is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted into money laundering; 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 (“the disclosure”) has been made to a constable under section 93A or 93B above; 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 93A(5) or 93B(8) above (“the disclosure”) 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) In this section “money laundering” means doing any act which constitutes an offence under section 93A, 93B or 93C above or, in the case of an act done otherwise than in England and Wales or Scotland, would constitute such an offence if done in England and Wales or (as the case may be) 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) 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.

(10) No constable 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 an offence to which this Part of this Act applies.”.

Marginal Citations

M26 1988 c. 33.

33 Application to Scotland of sections 93A to 93D of 1988 Act. S

The following section shall be inserted in the M27 Criminal Justice Act 1988, after section 93D—

“93E Application of sections 93A to 93D to Scotland.

In the application of sections 93A to 93D above to Scotland—

• “offence to which this Part of this Act applies” means an offence triable on indictment (whether or not such offence is also triable summarily) other than—

  (a)

  an offence to which section 1 of the M28 Criminal Justice (Scotland) Act 1987 (confiscation of proceeds of drug trafficking) relates; or

  (b)

  an offence under Part III of the M29 Prevention of Terrorism (Temporary Provisions) Act 1989; and

• “proceeds of criminal conduct” does not include—

  (a)

  proceeds of drug trafficking (“drug trafficking” having the meaning assigned by section 1(6) of the said Act of 1987); or

  (b)

  terrorist funds within the meaning of section 11 of the said Act of 1989.”.

Marginal Citations

M27 1988 c. 33.

M28 1987 c. 41.

M29 1989 c. 4.

34 Enforcement of Northern Ireland orders: proceeds of criminal conduct. S+N.I.

(1) In section 94 of the M30 Criminal Justice Act 1988 (enforcement of Northern Ireland orders), in subsection (1), for “89” there shall be substituted “ 88 ” and 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 M31 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.”.

(2) In section 95 of the Act of 1988 (enforcement of Northern Ireland orders in Scotland), the following subsection shall be inserted after subsection (2)—

“(2A) 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.”.

Extent Information

E6 S. 34(1) extends to Great Britain and s. 34(2) extends to Scotland and Northern Ireland only

Marginal Citations

M30 1988 c. 33.

M31 1982 c. 27.

35 Prosecution by order of the Commissioners of Customs and Excise. E+W+S

The following section shall be inserted in the Criminal Justice Act 1988, after section 93E—

“93F Prosecution by order of the Commissioners of Customs and Excise.

(1) Proceedings for an offence to which this section applies (“a specified offence”) may be instituted by order of the Commissioners.

(2) Any proceedings for a specified offence which are so instituted shall be commenced in the name of an officer.

(3) 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.

(4) 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 M32 Customs and Excise Management Act 1979.

(5) 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.

(6) In this section—

• “the Commissioners” means the Commissioners of Customs and Excise;

• “officer” means a person commissioned by the Commissioners;

• “proceedings”, as respects Scotland, means summary proceedings; and

• “specified offence” means—

  (a)

  any offence under sections 93A to 93D above;

  (b)

  attempting to commit, conspiracy to commit or incitement to commit any such offence; or

  (c)

  any other offence of a kind prescribed in regulations made by the Secretary of State for the purposes of this section.

(7) The power to make regulations under subsection (6) above shall be exercisable by statutory instrument.

(8) Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

Marginal Citations

M32 1979 c. 2.

Part IV U.K. FINANCING ETC. OF TERRORISM

Amendments of the 1991 Act U.K.

F23 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F23 S. 36 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F24 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F24 S. 37 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F25 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F25 S. 38 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F26 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F26 S. 39 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F27 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F27 S. 40 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F28 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F28 S. 41 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F29 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F29 S. 42 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F30 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F30 S. 43 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F31 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F31 S. 44 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F32 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F32 S. 45 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F33 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F33 S. 46 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F34 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F34 S. 47 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F35 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F35 S. 48 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

Amendments of the 1989 Act U.K.

49 Financial assistance for terrorism. U.K.

(1) In section 9 of the M33 Prevention of Terrorism (Temporary Provisions) Act 1989 (contributions towards acts of terrorism), the following shall be inserted at the end of subsection (1)(b)—

“or

(c) uses or has possession of, whether for consideration or not, any money or other property,”.

(2) In section 10 of that Act (contributions to the resources of proscribed organisations), in subsection (1)(b), after the words “or accepts” there shall be inserted “ or uses or has possession of ”.

(3) In section 12 of that Act (disclosure of information about terrorist funds) for the word “contract”, in subsection (1), there shall be substituted “ statute or otherwise ”.

(4) In section 12 of that Act, the following subsection shall be inserted after subsection (2)—

“(2A) For the purposes of subsection (2) above a person who uses or has possession of money or other property shall be taken to be concerned in a transaction or arrangement.”.

(5) In section 12(3) of that Act, after “section 9(1)(b)” there shall be inserted “ or (c) ”.

(6) The following subsections shall be added at the end of section 12 of that Act—

“(4) In the case of a person who was in employment at the relevant time, subsections (1) to (3) 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.

(5) No constable or other person shall be guilty of an offence under section 9(1)(b) or (c) or (2) or 10(1)(b) or (c) above 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 terrorism or the proceeds or resources of terrorism.

(6) For the purposes of subsection (5) above, having possession of any property shall be taken to be doing an act in relation to it.”.

Marginal Citations

M33 1989 c. 4.

50 Investigation of terrorist activities. U.K.

(1) Section 17 (investigation of terrorist activities) of the M34 Prevention of Terrorism (Temporary Provisions) Act 1989 shall be amended as follows.

(2) In subsection (1)(a)(ii)—

(a) for “or 11 above” there shall be substituted “ 11, 18 or 18A of this Act ”; and

F36 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For subsection (2) there shall be substituted—

“(2) A person is guilty of an offence if, knowing or having reasonable cause to suspect that a constable is acting, or is proposing to act, in connection with a terrorist investigation which is being, or is about to be, conducted, he—

(a) discloses to any other person information or any other matter which is likely to prejudice the investigation or proposed investigation, or

(b) falsifies, conceals or destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, material which is or is likely to be relevant to the investigation, or proposed investigation.

(2A) A person is guilty of an offence if, knowing or having reasonable cause to suspect that a disclosure (“the disclosure”) has been made to a constable under section 12, 18 or 18A of this Act or section 53, 54 or 54A of the M35 Northern Ireland (Emergency Provisions) Act 1991, he—

(a) discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure; or

(b) falsifies, conceals or destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, material which is or is likely to be relevant to any such investigation.

(2B) A person is guilty of an offence if, knowing or having reasonable cause to suspect that a disclosure (“the disclosure”) of a kind mentioned in section 12(4) or 18A(5) of this Act or section 53(4A), 54(5D) or 54A(5) of the Act of 1991 has been made, he—

(a) discloses to any person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure; or

(b) falsifies, conceals or destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, material which is or is likely to be relevant to any such investigation.

(2C) Nothing in subsections (2) to (2B) 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.

(2D) Subsection (2C) above does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.

(2E) No constable 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 terrorism or the proceeds or resources of terrorism.”.

(4) In subsection (3) (defence in respect of disclosure), after “investigation” there shall be inserted “ or proposed investigation ”.

(5) The following shall be inserted after subsection (3)—

“(3A) In proceedings against a person for an offence under subsection (2A)(a) or (2B)(a) above it is a defence to prove—

(a) that he did not know and had no reasonable cause to suspect that his disclosure was likely to prejudice the investigation in question; or

(b) that he had lawful authority or reasonable excuse for making his disclosure.”.

(6) In subsection (4) (defence in respect of falsifying material etc.), for the words from “the persons” to the end there shall be substituted “ any person conducting, or likely to be conducting, the investigation or proposed investigation ”.

(7) The following shall be inserted after subsection (4)—

“(4A) In proceedings against a person for an offence under subsection (2A)(b) or (2B)(b) above, it is a defence to prove that he had no intention of concealing any information contained in the material in question from any person who might carry out the investigation in question.”.

(8) In subsection (5) (penalties) after “(2)” there shall be inserted “ (2A) or (2B) ”.

(9) The following subsection shall be added at the end—

“(6) For the purposes of subsection (1) above, as it applies in relation to any offence under section 18 or 18A below or section 54A of the Act of 1991, “act” includes omission.”.

Textual Amendments

F36 S. 50(2)(b) repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

Marginal Citations

M34 1989 c. 4.

M35 1991 c. 24.

51 Failure to disclose knowledge or suspicion of financial assistance for terrorism. U.K.

The following section shall be inserted in the M36 Prevention of Terrorism (Temporary Provisions) Act 1989, after section 18—

“18A Failure to disclose knowledge or suspicion of offences under sections 9 to 11.

(1) A person is guilty of an offence if—

(a) he knows, or suspects, that another person is providing financial assistance for terrorism;

(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 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—

(a) his suspicion or belief that another person is providing financial assistance for terrorism; 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 “providing financial assistance for terrorism” means doing any act which constitutes an offence under section 9, 10 or 11 above or, in the case of an act done otherwise than in the United Kingdom, which would constitute such an offence if done in the United Kingdom.

(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.”.

Marginal Citations

M36 1989 c. 4.

Part V U.K. INSIDER DEALING

Modifications etc. (not altering text)

C1 Pt. V (ss. 52-64) applied (E.W.N.I) (1.12.2001) by 2000 c. 8, s. 402(1)(a); S.I. 2001/3538, art. 2(1)

The offence of insider dealing U.K.

52 The offence. U.K.

(1) An individual who has information as an insider is guilty of insider dealing if, in the circumstances mentioned in subsection (3), he deals in securities that are price-affected securities in relation to the information.

(2) An individual who has information as an insider is also guilty of insider dealing if—

(a) he encourages another person to deal in securities that are (whether or not that other knows it) price-affected securities in relation to the information, knowing or having reasonable cause to believe that the dealing would take place in the circumstances mentioned in subsection (3); or

(b) he discloses the information, otherwise than in the proper performance of the functions of his employment, office or profession, to another person.

(3) The circumstances referred to above are that the acquisition or disposal in question occurs on a regulated market, or that the person dealing relies on a professional intermediary or is himself acting as a professional intermediary.

(4) This section has effect subject to section 53.

53 Defences. U.K.

(1) An individual is not guilty of insider dealing by virtue of dealing in securities if he shows—

(a) that he did not at the time expect the dealing to result in a profit attributable to the fact that the information in question was price-sensitive information in relation to the securities, or

(b) that at the time he believed on reasonable grounds that the information had been disclosed widely enough to ensure that none of those taking part in the dealing would be prejudiced by not having the information, or

(c) that he would have done what he did even if he had not had the information.

(2) An individual is not guilty of insider dealing by virtue of encouraging another person to deal in securities if he shows—

(a) that he did not at the time expect the dealing to result in a profit attributable to the fact that the information in question was price-sensitive information in relation to the securities, or

(b) that at the time he believed on reasonable grounds that the information had been or would be disclosed widely enough to ensure that none of those taking part in the dealing would be prejudiced by not having the information, or

(c) that he would have done what he did even if he had not had the information.

(3) An individual is not guilty of insider dealing by virtue of a disclosure of information if he shows—

(a) that he did not at the time expect any person, because of the disclosure, to deal in securities in the circumstances mentioned in subsection (3) of section 52; or

(b) that, although he had such an expectation at the time, he did not expect the dealing to result in a profit attributable to the fact that the information was price-sensitive information in relation to the securities.

(4) Schedule 1 (special defences) shall have effect.

(5) The Treasury may by order amend Schedule 1.

(6) In this section references to a profit include references to the avoidance of a loss.

Interpretation U.K.

54 Securities to which Part V applies. U.K.

(1) This Part applies to any security which—

(a) falls within any paragraph of Schedule 2; and

(b) satisfies any conditions applying to it under an order made by the Treasury for the purposes of this subsection;

and in the provisions of this Part (other than that Schedule) any reference to a security is a reference to a security to which this Part applies.

(2) The Treasury may by order amend Schedule 2.

55 “Dealing” in securities. U.K.

(1) For the purposes of this Part, a person deals in securities if—

(a) he acquires or disposes of the securities (whether as principal or agent); or

(b) he procures, directly or indirectly, an acquisition or disposal of the securities by any other person.

(2) For the purposes of this Part, “acquire”, in relation to a security, includes—

(a) agreeing to acquire the security; and

(b) entering into a contract which creates the security.

(3) For the purposes of this Part, “dispose”, in relation to a security, includes—

(a) agreeing to dispose of the security; and

(b) bringing to an end a contract which created the security.

(4) For the purposes of subsection (1), a person procures an acquisition or disposal of a security if the security is acquired or disposed of by a person who is—

(a) his agent,

(b) his nominee, or

(c) a person who is acting at his direction,

in relation to the acquisition or disposal.

(5) Subsection (4) is not exhaustive as to the circumstances in which one person may be regarded as procuring an acquisition or disposal of securities by another.

56 “Inside information”, etc. U.K.

(1) For the purposes of this section and section 57, “inside information” means information which—

(a) relates to particular securities or to a particular issuer of securities or to particular issuers of securities and not to securities generally or to issuers of securities generally;

(b) is specific or precise;

(c) has not been made public; and

(d) if it were made public would be likely to have a significant effect on the price of any securities.

(2) For the purposes of this Part, securities are “price-affected securities” in relation to inside information, and inside information is “price-sensitive information” in relation to securities, if and only if the information would, if made public, be likely to have a significant effect on the price of the securities.

(3) For the purposes of this section “price” includes value.

57 “Insiders”. U.K.

(1) For the purposes of this Part, a person has information as an insider if and only if—

(a) it is, and he knows that it is, inside information, and

(b) he has it, and knows that he has it, from an inside source.

(2) For the purposes of subsection (1), a person has information from an inside source if and only if—

(a) he has it through—

(i) being a director, employee or shareholder of an issuer of securities; or

(ii) having access to the information by virtue of his employment, office or profession; or

(b) the direct or indirect source of his information is a person within paragraph (a).

58 Information “made public”. U.K.

(1) For the purposes of section 56, “made public”, in relation to information, shall be construed in accordance with the following provisions of this section; but those provisions are not exhaustive as to the meaning of that expression.

(2) Information is made public if—

(a) it is published in accordance with the rules of a regulated market for the purpose of informing investors and their professional advisers;

(b) it is contained in records which by virtue of any enactment are open to inspection by the public;

(c) it can be readily acquired by those likely to deal in any securities—

(i) to which the information relates, or

(ii) of an issuer to which the information relates; or

(d) it is derived from information which has been made public.

(3) Information may be treated as made public even though—

(a) it can be acquired only by persons exercising diligence or expertise;

(b) it is communicated to a section of the public and not to the public at large;

(c) it can be acquired only by observation;

(d) it is communicated only on payment of a fee; or

(e) it is published only outside the United Kingdom.

59 “Professional intermediary”. U.K.

(1) For the purposes of this Part, a “professional intermediary” is a person—

(a) who carries on a business consisting of an activity mentioned in subsection (2) and who holds himself out to the public or any section of the public (including a section of the public constituted by persons such as himself) as willing to engage in any such business; or

(b) who is employed by a person falling within paragraph (a) to carry out any such activity.

(2) The activities referred to in subsection (1) are—

(a) acquiring or disposing of securities (whether as principal or agent); or

(b) acting as an intermediary between persons taking part in any dealing in securities.

(3) A person is not to be treated as carrying on a business consisting of an activity mentioned in subsection (2)—

(a) if the activity in question is merely incidental to some other activity not falling within subsection (2); or

(b) merely because he occasionally conducts one of those activities.

(4) For the purposes of section 52, a person dealing in securities relies on a professional intermediary if and only if a person who is acting as a professional intermediary carries out an activity mentioned in subsection (2) in relation to that dealing.

60 Other interpretation provisions. U.K.

(1) For the purposes of this Part, “regulated market” means any market, however operated, which, by an order made by the Treasury, is identified (whether by name or by reference to criteria prescribed by the order) as a regulated market for the purposes of this Part.

(2) For the purposes of this Part an “issuer”, in relation to any securities, means any company, public sector body or individual by which or by whom the securities have been or are to be issued.

(3) For the purposes of this Part—

(a) “company” means any body (whether or not incorporated and wherever incorporated or constituted) which is not a public sector body; and

(b) “public sector body” means—

(i) the government of the United Kingdom, of Northern Ireland or of any country or territory outside the United Kingdom;

(ii) a local authority in the United Kingdom or elsewhere;

(iii) any international organisation the members of which include the United Kingdom or another member state;

(iv) the Bank of England; or

(v) the central bank of any sovereign State.

(4) For the purposes of this Part, information shall be treated as relating to an issuer of securities which is a company not only where it is about the company but also where it may affect the company’s business prospects.

Miscellaneous U.K.

61 Penalties and prosecution. U.K.

(1) An individual guilty of insider dealing shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding six months or to both; or

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding seven years or to both.

(2) Proceedings for offences under this Part shall not be instituted in England and Wales except by or with the consent of—

(a) the Secretary of State; or

(b) the Director of Public Prosecutions.

(3) In relation to proceedings in Northern Ireland for offences under this Part, subsection (2) shall have effect as if the reference to the Director of Public Prosecutions were a reference to the Director of Public Prosecutions for Northern Ireland.

62 Territorial scope of offence of insider dealing. U.K.

(1) An individual is not guilty of an offence falling within subsection (1) of section 52 unless—

(a) he was within the United Kingdom at the time when he is alleged to have done any act constituting or forming part of the alleged dealing;

(b) the regulated market on which the dealing is alleged to have occurred is one which, by an order made by the Treasury, is identified (whether by name or by reference to criteria prescribed by the order) as being, for the purposes of this Part, regulated in the United Kingdom; or

(c) the professional intermediary was within the United Kingdom at the time when he is alleged to have done anything by means of which the offence is alleged to have been committed.

(2) An individual is not guilty of an offence falling within subsection (2) of section 52 unless—

(a) he was within the United Kingdom at the time when he is alleged to have disclosed the information or encouraged the dealing; or

(b) the alleged recipient of the information or encouragement was within the United Kingdom at the time when he is alleged to have received the information or encouragement.

63 Limits on section 52. U.K.

(1) Section 52 does not apply to anything done by an individual acting on behalf of a public sector body in pursuit of monetary policies or policies with respect to exchange rates or the management of public debt or foreign exchange reserves.

(2) No contract shall be void or unenforceable by reason only of section 52.

64 Orders. U.K.

(1) Any power under this Part to make an order shall be exercisable by statutory instrument.

(2) No order shall be made under this Part unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

(3) An order under this Part—

(a) may make different provision for different cases; and

(b) may contain such incidental, supplemental and transitional provisions as the Treasury consider expedient.

Part VI U.K. MISCELLANEOUS

65 Fixing of fines. E+W

(1) The following section shall be substituted for section 18 of the M37 Criminal Justice Act 1991 (fixing of certain fines by reference to units)—

“18 Fixing of fines.

(1) Before fixing the amount of any fine, a court shall inquire into the financial circumstances of the offender.

(2) The amount of any fine fixed by a court shall be such as, in the opinion of the court, reflects the seriousness of the offence.

(3) In fixing the amount of any fine, a court shall take into account the circumstances of the case including, among other things, the financial circumstances of the offender so far as they are known, or appear, to the court.

(4) Where—

(a) an offender has been convicted in his absence in pursuance of section 11 or 12 of the Magistrates’ Courts Act 1980 (non-appearance of accused),

(b) an offender—

(i) has failed to comply with an order under section 20(1) below; or

(ii) has otherwise failed to co-operate with the court in its inquiry into his financial circumstances, or

(c) the parent or guardian of an offender who is a child or young person—

(i) has failed to comply with an order under section 20(1B) below; or

(ii) has otherwise failed to co-operate with the court in its inquiry into his financial circumstances,

and the court considers that it has insufficient information to make a proper determination of the financial circumstances of the offender, it may make such determination as it thinks fit.

(5) Subsection (3) above applies whether taking into account the financial circumstances of the offender has the effect of increasing or reducing the amount of the fine.”.

(2) Section 19 of the Act of 1991 (fixing of fines in cases to which the unit fines system did not apply) shall cease to have effect.

(3) The further amendments made by Schedule 3 shall have effect.

(4) The amendments made by this section and that Schedule shall apply in relation to offenders convicted (but not sentenced) before the date on which this section comes into force as they apply in relation to offenders convicted after that date.

Marginal Citations

M37 1991 c. 53.

66 Powers of courts to deal with offenders. E+W

(1) In section 1 of the M38 Criminal Justice Act 1991 (restrictions on imposing custodial sentences), the following shall be substituted for subsection (2)(a)—

“(a) that the offence, or the combination of the offence and one or more offences associated with it, was so serious that only such a sentence can be justified for the offence; or”.

(2) In section 2 of the Act of 1991 (length of custodial sentences), in subsections (2)(a) and (3), for the word “other” there shall be substituted “ one or more ”.

(3) In section 3 of the Act of 1991 (procedural requirements for custodial sentences), in subsection (3)(a), the words “ or (as the case may be) of the offence and the offence or offences associated with it, ” shall be inserted after the word “offence”.

(4) In section 6 of the Act of 1991 (restrictions on imposing community sentences)—

(a) in subsection (1), for the words “other offence” there shall be substituted “ or more offences ”; and

(b) in subsection (2)(b), for the word “other” there shall be substituted “ one or more ”.

(5) In section 7 of the Act of 1991 (procedural requirements for community sentences), in subsection (1), the words “ or (as the case may be) of the offence and the offence or offences associated with it, ” shall be inserted after the word “offence”.

(6) For section 29 of the Act of 1991 (effect of previous convictions) there shall be substituted—

“29 Effect of previous convictions and of offending while on bail.

(1) In considering the seriousness of any offence, the court may take into account any previous convictions of the offender or any failure of his to respond to previous sentences.

(2) In considering the seriousness of any offence committed while the offender was on bail, the court shall treat the fact that it was committed in those circumstances as an aggravating factor.

(3) A probation order or conditional discharge order made before 1st October 1992 (which, by virtue of section 2 or 7 of the M39 Powers of Criminal Courts Act 1973, would otherwise not be a sentence for the purposes of this section) is to be treated as a sentence for those purposes.

(4) A conviction in respect of which a probation order or conditional discharge order was made before that date (which, by virtue of section 13 of that Act, would otherwise not be a conviction for those purposes) is to be treated as a conviction for those purposes.”.

(7) In subsection (1) of section 12D of the Children and Young Persons Act 1969 (duty of court to state in certain cases that requirement is in place of custodial sentence), in paragraph (ii)(a) for the words “other offence” there shall be substituted “ or more offences ”.

(8) In section 38 of the M40 Magistrates’ Courts Act 1980 (committal for sentence on summary trial of offence triable either way), in subsection (2)(a), for the word “other” there shall be substituted “ one or more ”.

(9) The amendments made by this section shall apply in relation to offenders convicted (but not sentenced) before the date on which this section comes into force as they apply in relation to offenders convicted after that date.

Marginal Citations

M38 1991 c. 53.

M39 1973 c. 62.

M40 1980 c. 43.

67 Penalty for causing death by dangerous driving or by careless driving. E+W+S

(1) In Part I of Schedule 2 to the M41 Road Traffic Offenders Act 1988 (prosecution and punishment of offences), in the entries relating to section 1 of the Road Traffic Act M42 1988 (causing death by dangerous driving) and section 3A of that Act (causing death by careless driving while under influence of drink or drugs), in column 4, for “5 years” there shall be substituted “ 10 years ”.

F37 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E7 S. 67(1) extends to Great Britain and s. 67(2) extends to England and Wales only.

Textual Amendments

F37 S. 67(2) repealed (9.1.1995) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1994/3192, art. 2, Sch.

Modifications etc. (not altering text)

C2 S. 67(1) restricted (S.) (11.8.1993) by S.I. 1993/2035, art. 2(2).

Marginal Citations

M41 1988 c. 53.

M42 1988 c. 52.

F38 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F38 S. 68 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 paras. 1, 3)

F39 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F39 S. 69 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 paras. 1, 3)

70 Penalties under implementation regulations. U.K.

(1) Paragraphs 8(3), 9(2) and 10(3) of Schedule 8 to the Banking Coordination (Second Council Directive) Regulations 1992 shall cease to have effect.

(2) Regulations under section 2(2) of the M43 European Communities Act 1972 for the purpose of implementing—

(a) Article 15 of the Second Banking Co-ordination Directive (which requires the United Kingdom to make provision for the exercise in the United Kingdom by supervisory authorities of other member States of information and inspection powers in relation to institutions authorised by them), or

(b) Articles 3, 6 and 7 of the Supervision of Credit Institutions Directive (which make similar provision in relation to the consolidated supervision of credit institutions),

may, notwithstanding paragraph 1(1)(d) of Schedule 2 to that Act, create offences punishable in the same way as offences under sections 39, 40 and 41 of the M44 Banking Act 1987.

(3) In this section—

• “the Second Banking Co-ordination Directive” means the M45 Community Council Directive No. 89/646/EEC on the co-ordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions and amending Directive 77/780/EEC; and

• “the Supervision of Credit Institutions Directive” means the M46 Community Council Directive No. 92/30/EEC on the supervision of credit institutions on a consolidated basis.

(4) Subsection (1) shall not affect the punishment for an offence committed before that subsection comes into force.

Marginal Citations

M43 1972 c. 68.

M44 1987 c. 22.

M45 O.J. No. L386/1.

M46 O.J. No. L110/52.

71 Offences in connection with taxation etc. in the EC. U.K.

(1) A person who, in the United Kingdom, assists in or induces any conduct outside the United Kingdom which involves the commission of a serious offence against the law of another member State is guilty of an offence under this section if—

(a) the offence involved is one consisting in or including the contravention of provisions of the law of that member State which relate to any of the matters specified in subsection (2);

(b) the offence involved is one consisting in or including the contravention of other provisions of that law so far as they have effect in relation to any of those matters; or

(c) the c onduct is such as to be calculated to have an effect in that member State in relation to any of those matters.

(2) The matters mentioned in subsection (1) are—

(a) the determination, discharge or enforcement of any liability for a Community duty or tax;

(b) the operation of arrangements under which reliefs or exemptions from any such duty or tax are provided or sums in respect of any such duty or tax are repaid or refunded;

(c) the making of payments in pursuance of Community arrangements made in connection with the regulation of the market for agricultural products and the enforcement of the conditions of any such payments;

(d) the movement into or out of any member State of anything in relation to the movement of which any Community instrument imposes, or requires the imposition of, any prohibition or restriction; and

(e) such other matters in relation to which provision is made by any Community instrument as the Secretary of State may by order specify.

(3) For the purposes of this section—

(a) an offence against the law of a member State is a serious offence if provision is in force in that member State authorising the sentencing, in some or all cases, of a person convicted of that offence to imprisonment for a maximum term of twelve months or more; and

(b) the question whether any conduct involves the commission of such an offence shall be determined according to the law in force in the member State in question at the time of the assistance or inducement.

(4) In any proceedings against any person for an offence under this section it shall be a defence for that person to show—

(a) that the conduct in question would not have involved the commission of an offence against the law of the member State in question but for circumstances of which he had no knowledge; and

(b) that he did not suspect or anticipate the existence of those circumstances and did not have reasonable grounds for doing so.

(5) For the purposes of any proceedings for an offence under this section, a certificate purporting to be issued by or on behalf of the government of another member State which contains a statement, in relation to such times as may be specified in the certificate—

(a) that a specified offence existed against the law of that member State,

(b) that an offence against the law of that member State was a serious offence within the meaning of this section,

(c) that such an offence consists in or includes the contravention of particular provisions of the law of that member State,

(d) that specified provisions of the law of that member State relate to, or are capable of having an effect in relation to, particular matters,

(e) that specified conduct involved the commission of a particular offence against the law of that member State, or

(f) that a particular effect in that member State in relation to any matter would result from specified conduct,

shall, in the case of a statement falling within paragraphs (a) to (d), be conclusive of the matters stated and, in the other cases, be evidence, and in Scotland sufficient evidence, of the matters stated.

(6) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a penalty of the statutory maximum or to imprisonment for a term not exceeding six months or to both; or

(b) on conviction on indictment, to a penalty of any amount or to imprisonment for a term not exceeding seven years or to both.

(7) Sections 145 to 152 and 154 of the M47 Customs and Excise Management Act 1979 (general provisions as to legal proceedings) shall apply as if this section were contained in that Act; and an offence under this section shall be treated for all purposes as an offence for which a person is liable to be arrested under the customs and excise Acts.

(8) The power of the Secretary of State to make an order under subsection (2)(e) shall be exercisable by statutory instrument; and no such order shall be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(9) In this section—

• “another member State” means a member State other than the United Kingdom;

• “Community duty or tax” means any of the following, that is to say—

  (a)

  any Community customs duty;

  (b)

  an agricultural levy of the Economic Community;

  (c)

  value added tax under the law of another member State;

  (d)

  any duty or tax on tobacco products, alcoholic liquors or hydrocarbon oils which, in another member State, corresponds to any excise duty;

  (e)

  any duty, tax or other charge not falling within paragraphs (a) to (d) of this definition which is imposed by or in pursuance of any Community instrument on the movement of goods into or out of any member State;

• “conduct” includes acts, omissions and statements;

• “contravention” includes a failure to comply; and

• “the customs and excise Acts” has the same meaning as in the Customs and Excise Management Act 1979.

(10) References in this section, in relation to a Community instrument, to the movement of anything into or out of a member State include references to the movement of anything between member States and to the doing of anything which falls to be treated for the purposes of that instrument as involving the entry into, or departure from, the territory of the Community of any goods (within the meaning of that Act of 1979).

Marginal Citations

M47 1979 c. 2.

72 Backing of warrants: safeguards. U.K.

(1) The M48 Backing of Warrants (Republic of Ireland) Act 1965 shall be amended as follows.

(2) In section 2 (proceedings before magistrates’ courts), the following subsection shall be added at the end—

“(5) The Secretary of State may by order provide that an order may not be made under subsection (1) of this section if it is shown to the satisfaction of the court that no provision is made in the law of the Republic, in respect of a person delivered up to the Republic by the United Kingdom, corresponding to the provision made by or under sections 6A and 6B of this Act in respect of a person delivered up to the United Kingdom by the Republic.”.

(3) The following sections shall be inserted after section 6—

“6A Persons delivered up by the Republic: the rule of speciality.

(1) The Secretary of State may by order provide that, except in such cases as may be specified in the order, no person delivered up to the United Kingdom under corresponding arrangements in force in the Republic (“the defendant”) may be dealt with for, or in respect of, any offence committed before his surrender, other than the offence for which he was delivered up.

(2) In subsection (1) of this section, “corresponding” means corresponding to provisions contained in this Act.

(3) Any order under this section may, in particular, specify the following cases for the purposes of subsection (1) of this section—

(a) where consent is given by a Minister of the Republic;

(b) where the defendant, having had an opportunity to leave the United Kingdom, has not done so within 45 days of his final discharge in respect of the offence for which he was delivered up;

(c) where the defendant has, after being returned to the United Kingdom, left the United Kingdom and subsequently returned to it;

(d) where the description of the offence charged in the United Kingdom is altered in the course of proceedings but the offence under its new description is shown by its constituent elements to be an offence for which the defendant could have been delivered up under the corresponding legislation.

6B Extradition to third country.

(1) The Secretary of State may by order provide that, except in such cases as may be specified in the order, no person delivered up to the United Kingdom under corresponding arrangements in force in the Republic (“the defendant”) may be delivered up to a territory other than the Republic to be dealt with for, or in respect of, any offence committed before his surrender to the United Kingdom.

(2) In subsection (1) of this section “corresponding” means corresponding to provisions contained in this Act.

(3) Any order under this section may, in particular, specify the following cases for the purposes of subsection (1) of this section—

(a) where consent is given by a Minister of the Republic;

(b) where the defendant, having had an opportunity to leave the United Kingdom, has not done so within 45 days of his final discharge in respect of the offence for which he was delivered up;

(c) where the defendant has, after being returned to the United Kingdom, left the United Kingdom and subsequently returned to it.

6C Provisions supplementing sections 2(5), 6A and 6B.

(1) The power to make an order under section 2(5), 6A or 6B of this Act shall be exercisable by statutory instrument.

(2) Any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Any such order may—

(a) make different provision for different cases; and

(b) make such incidental or supplemental provision as the Secretary of State considers appropriate.

(4) Any incidental or supplemental provision may, in particular, include—

(a) in the case of an order under section 2(5) of this Act, provision as to the circumstances in which, and the presumptions which may be applied in considering whether, provision made by the law of the Republic is to be treated as corresponding to provision made by or under section 6A or 6B of this Act;

(b) in the case of an order under section 6A or 6B of this Act—

(i) provision as to the notification of any consent;

(ii) provision as to the drawing up of any document to support a request for consent.

(5) Where any consent is notified in accordance with the provisions of an order under section 6A or 6B of this Act—

(a) judicial notice shall be taken of that consent; and

(b) a certificate of the Secretary of State to the effect that that consent was given in accordance with those provisions shall be evidence without further proof (or in Scotland sufficient evidence).”.

Extent Information

E8 S. 72 extends to the United Kingdom and also to the Channel Islands and the Isle of Man, see s. 79(7)

Marginal Citations

M48 1965 c. 45.

73 Power of Secretary of State to make grants in relation to combating drug misuse. E+W+S

(1) The Secretary of State may, with the consent of the Treasury, pay such grants, to such persons, as he considers appropriate in connection with measures intended—

(a) to combat or deal with drug trafficking or the misuse of drugs; or

(b) to deal with consequences of the misuse of drugs.

(2) Any such grant may be made subject to such conditions as the Secretary of State may, with the agreement of the Treasury, see fit to impose.

(3) Payments under this section shall be made out of money provided by Parliament.

74 Persons not eligible for early release. E+W

(1) Part II of Schedule 1 to the M49 Criminal Justice Act 1982 (persons convicted of offences under certain enactments not eligible for early release) shall be amended as follows.

(2) In the entry relating to the M50 Drug Trafficking Offences Act 1986, the following paragraph shall be inserted before paragraph 26—

“25A Section 23A (acquisition, possession or use of proceeds of drug trafficking).”.

(3) In the entry relating to the M51 Criminal Justice Act 1988, the following paragraphs shall be inserted before paragraph 30—

“29A Section 93A (assisting another to retain the benefit of criminal conduct).

29B Section 93B (acquisition, possession or use of proceeds of criminal conduct).

29C Section 93C (concealing or transferring proceeds of criminal conduct).”.

Marginal Citations

M49 1982 c. 48.

M50 1986 c. 32.

M51 1988 c. 33.

75 Compassionate release of certain children and other persons in Scotland. S

(1) In section 7(5) of the M52 Prisoners and Criminal Proceedings (Scotland) Act 1993 (which applies provisions of that Act to certain children), for “Sections”, where it first occurs, substitute “ Without prejudice to section 6(1)(b)(ii) of this Act, sections 3, ”.

(2) In paragraph 2(2) of Schedule 6 to that Act (which makes transitional provision as respects release on licence on compassionate grounds) after “Act” insert “ , and sections 12 and 17 of this Act in so far as relating to a licence granted, or person released, by virtue of this sub-paragraph, ”.

Marginal Citations

M52 1993 c. 9.

76 Life prisoners transferred to Scotland. S

(1) The Prisoners and Criminal Proceedings (Scotland) Act 1993 shall be amended as follows.

(2) In section 10 (life prisoners transferred to Scotland)—

(a) in subsection (1), the words “(whether before or after the commencement of this section)” shall cease to have effect;

(b) in subsection (2), after “life prisoner” insert “ , except such case as is mentioned in paragraph 7 of Schedule 6 to this Act, ”; and

(c) in subsection (4)—

(i) in paragraph (a), after “has” insert “ (whether before or after the commencement of this section) ”; and

(ii) in paragraph (b), after “Scotland” insert “ (whether before or after that commencement) ”.

(3) In Schedule 6 (transitional provisions and savings)—

(a) in paragraph 1, in the definition of “existing life prisoner”, after “person” insert “ (other than a transferred life prisoner) ”;

(b) in paragraph 2(1), for “paragraph 7 below” substitute “ to section 10(4) of this Act ”; and

(c) for paragraph 7 substitute—

In the case of a transferred life prisoner who is a discretionary life prisoner for the purposes of Part II of the M53 Criminal Justice Act 1991 by virtue of section 48 of or paragraph 9 of Schedule 12 to that Act, subsection (3) of section 10 of this Act applies and the certificate mentioned in paragraph (b) of that subsection is the certificate under the said section 48 or paragraph 9.”.

Marginal Citations

M53 1991 c. 53.

77 Power to extend certain offences to Crown servants and to exempt regulators etc. U.K.

Schedule 4, which confers power on the Secretary of State to make regulations extending certain provisions to Crown servants and to make regulations exempting persons from certain offences, shall have effect.

PART VII U.K. SUPPLEMENTARY

78 Commencement etc. U.K.

(1) Sections 70 and 71 shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

(2) Sections 68, 69, 75, 76 and 79(1) to (12), paragraph 2 of Schedule 5 and, in so far as relating to the M54 Criminal Procedure (Scotland) Act 1975 and the M55 Prisoners and Criminal Proceedings (Scotland) Act 1993, Schedule 6, shall come into force on the passing of this Act.

(3) The other provisions of this Act shall come into force on such day as may be appointed by the Secretary of State by an order made by statutory instrument.

(4) Different days may be appointed under subsection (3) for different provisions and different purposes.

(5) Nothing in any provision in Part I applies to any act, omission or other event occurring before the coming into force of that provision.

(6) Where a person is charged with a relevant offence which was committed before the coming into force of a provision of Part II, Part III, or (as the case may be) Part IV, that provision shall not affect the question whether or not that person is guilty of the offence [F40 and, where it confers a power on the court, shall not apply inm proceedings instituted befor the coming into force of that provision].

F41 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In subsection (6) “relevant offence” means an offence in relation to which provision is made by Part II, Part III or Part IV, other than an offence created by that Part.

(10) An order under subsection (3) may contain such transitional provisions and savings as the Secretary of State considers appropriate.

(11) For the purposes of section 27 of the M56 Prevention of Terrorism (Temporary Provisions) Act 1989 (temporary provisions), any amendment made in that Act by a provision of Part IV of, or paragraph 15 of Schedule 5 to, this Act shall be treated, as from the time when that provision comes into force, as having been continued in force by the order under subsection (6) of that section which has effect at that time.

F42 (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subordinate Legislation Made

P1 S. 78(3) power partly exercised (14.1.1994): 15.2.1994 appointed for specified provisions by S.I. 1994/71, arts. 2, 3, Sch., Appendix

S. 78(3) power partly exercised (4.2.1994): 1.3.1994 appointed for specified provisions by S.I. 1994/242, arts. 2, 3, Sch., Appendix

S. 78(3) power partly exercised (10.3.1994): 1.4.1994 appointed for specified provisions by S.I. 1994/242, arts. 2, 3, Sch.

S. 78(3) power partly exercised (22.7.1995): 14.8.1995 appointed for specified provisions by S.I. 1995/1958, arts. 2, 3

S. 78(3) power partly exercised (20.7.1994): 22.8.1994 appointed for specified provisions by S.I. 1994/1951, art. 2

S. 78(3) power partly exercised (11.1.1995): 3.2.1995 appointed for specified provisions by S.I. 1995/43, art. 2, 3, Sch.

S. 78(3)(4) power partly exercised (19.4.1999): 1.6.1999 appointed for specified provisions by S.I. 1999/1189, art. 2

S. 78(3)(4) power partly exercised (26.5.1999): 1.6.1999 appointed for specified provisions by S.I.1999/1499, art. 2

Textual Amendments

F40 Words in s. 78(6) substituted (retrospective to 27.7.1993) by 1994 c. 33, s. 168(1), Sch. 9 para. 53

F41 S. 78(7) repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

F42 S. 78(8)(12) repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

Marginal Citations

M54 1975 c. 21.

M55 1993 c. 9.

M56 1989 c. 4.

79 Short title, extent etc. U.K.

(1) This Act may be cited as the Criminal Justice Act 1993.

(2) The following provisions of this Act extend to the United Kingdom—

Part V;

sections 21(1) and (3)(h), 23, 24, 45 to 51, 70 to 72, 77, 78 and this section;

Schedules 1 and 2; and

paragraphs 4 F43 . . . and 6 of Schedule 4.

(3) The following provisions of this Act extend only to Great Britain—

sections F44 . . .21(3)(e), F44 . . .29 to 32, 34(1), 35, 67(1) and 73; and

paragraph 3 of Schedule 4.

(4) The following provisions of this Act extend only to Scotland—

sections 17, 19, 20(2), 21(3)(c) and (d), 22(2), 24(12) to (15), 26(2), 33, 68, 69, 75 and 76; and

paragraph 2 of Schedule 4.

(5) Sections 21(3)(f) and 34(2) [F45 and paragraph 5 of Schedule 4]extend to Scotland and Northern Ireland only.

F46 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Section 72 also extends to the Channel Islands and the Isle of Man.

(8) The provisions of Schedules 5 and 6 have the same extent as the provisions on which they operate.

(9) Otherwise, this Act extends to England and Wales only.

(10) Her Majesty may by Order in Council direct that such provisions of this Act as may be specified in the Order shall extend, with such exceptions and modifications as appear to Her Majesty to be appropriate, to any colony.

F47 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M57 Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to purposes of any of sections 16, 18 and 29 to 32—

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(13) Schedule 5 (consequential amendments) shall have effect.

(14) The repeals and revocations set out in Schedule 6 (which include the repeal of two enactments which are spent) shall have effect.

Textual Amendments

F43 It is provided that the references to s. 25 nd Sch. 4 para. 5 in s. 79(2) are repealed (3.2.1995) by 1994 c. 37, ss. 65, 69(2), Sch. 1 para. 30(2), Sch. 3

F44 Words in s. 79(3) repealed (3.2.1995) by 1994 c. 37, ss. 65, 69(2), Sch. 1 para. 30(3), Sch. 3

F45 Words in s. 79(5) inserted (3.2.1995) by 1994 c. 37, ss. 65, 69(2), Sch. 1 para. 30(4)

F46 S. 79(6) repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F47 S. 79(11) repealed (2.12.1999) by 1998 c. 47, ss. 100(2), Sch. 15; S.I. 1999/3209, art. 2

Commencement Information

I3 S. 79 partly in force; s. 79(1)-(12) in force at Royal Assent see s. 78(2); s. 79(14) in force at 20.9.1993 in relation to specified provisions of Sch. 6 by S.I. 1993/1968, art. 2(2), Sch. 2, Appendix; s. 79(13)(14) in force at 15.2.1994 for specified purposes by S.I. 1994/71, arts. 2, 3, Sch., Appendix; s. 79(13)(14) in force at 1.3.1994 for further specified purposes by S.I. 1994/242, arts. 2, 3, Sch., Appendix; S. 79(13) in force at 1.4.1994 for further specified purposes by S.I. 1994/700, arts. 2, 3, Sch.

Marginal Citations

M57 1974 c. 28.