Changes over time for: Serious Crime Act 2007 (Schedules only)

Version Superseded: 06/04/2008

Alternative versions:

Status:

Point in time view as at 12/01/2010.

Changes to legislation:

There are currently no known outstanding effects for the Serious Crime Act 2007.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

SCHEDULES

Sections 2 and 3

SCHEDULE 1E+W+N.I.Serious offences

Part 1 E+W+N.I.Serious offences in England and Wales

Drug traffickingE+W+N.I.

1(1)An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)—E+W+N.I.

(a)section 4(2) or (3) (unlawful production or supply of controlled drugs);

(b)section 5(3) (possession of controlled drug with intent to supply);

(c)section 8 (permitting etc. certain activities relating to controlled drugs);

(d)section 20 (assisting in or inducing the commission outside the United Kingdom of an offence punishable under a corresponding law).

(2)An offence under any of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971—

(a)section 50(2) or (3) (improper importation of goods);

(b)section 68(2) (exportation of prohibited or restricted goods);

(c)section 170 (fraudulent evasion of duty etc.).

(3)An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)—

(a)section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act);

(b)section 19 (using a ship for illicit traffic in controlled drugs).

Commencement Information

I1Sch. 1 para. 1 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

People traffickingE+W+N.I.

2(1)An offence under section 25, 25A or 25B of the Immigration Act 1971 (c. 77) (assisting unlawful immigration etc.).E+W+N.I.

(2)An offence under any of sections 57 to 59 of the Sexual Offences Act 2003 (c. 42) (trafficking for sexual exploitation).

(3)An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (trafficking people for exploitation).

Commencement Information

I2Sch. 1 para. 2 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Arms traffickingE+W+N.I.

3(1)An offence under either of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a firearm or ammunition—E+W+N.I.

(a)section 68(2) (exportation of prohibited or restricted goods);

(b)section 170 (fraudulent evasion of duty etc.).

(2)An offence under section 3(1) of the Firearms Act 1968 (c. 27) (dealing etc. in firearms or ammunition by way of trade or business without being registered).

(3)In this paragraph “firearm” and “ammunition” have the same meanings as in section 57 of the Firearms Act 1968.

Commencement Information

I3Sch. 1 para. 3 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Prostitution and child sexE+W+N.I.

4(1)An offence under section 33A of the Sexual Offences Act 1956 (c. 69) (keeping a brothel used for prostitution).E+W+N.I.

(2)An offence under any of the following provisions of the Sexual Offences Act 2003 (c. 42)—

(a)section 14 (arranging or facilitating commission of a child sex offence);

(b)section 48 (causing or inciting child prostitution or pornography);

(c)section 49 (controlling a child prostitute or a child involved in pornography);

(d)section 50 (arranging or facilitating child prostitution or pornography);

(e)section 52 (causing or inciting prostitution for gain);

(f)section 53 (controlling prostitution for gain).

Commencement Information

I4Sch. 1 para. 4 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Armed robbery etc.E+W+N.I.

5(1)An offence under section 8(1) of the Theft Act 1968 (c. 60) (robbery) where the use or threat of force involves a firearm, an imitation firearm or an offensive weapon.E+W+N.I.

(2)An offence at common law of an assault with intent to rob where the assault involves a firearm, imitation firearm or an offensive weapon.

(3)In this paragraph—

“firearm” has the meaning given by section 57(1) of the Firearms Act 1968;
“imitation firearm” has the meaning given by section 57(4) of that Act;
“offensive weapon” means any weapon to which section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) applies.

Commencement Information

I5Sch. 1 para. 5 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Money launderingE+W+N.I.

6E+W+N.I.An offence under any of the following provisions of the Proceeds of Crime Act 2002 (c. 29)—

(a)section 327 (concealing etc. criminal property);

(b)section 328 (facilitating the acquisition etc. of criminal property by or on behalf of another);

(c)section 329 (acquisition, use and possession of criminal property).

Commencement Information

I6Sch. 1 para. 6 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

FraudE+W+N.I.

7(1)An offence under section 17 of the Theft Act 1968 (c. 60) (false accounting).E+W+N.I.

(2)An offence under any of the following provisions of the Fraud Act 2006 (c. 35)—

(a)section 1 (fraud by false representation, failing to disclose information or abuse of position);

(b)section 6 (possession etc. of articles for use in frauds);

(c)section 7 (making or supplying articles for use in frauds);

(d)section 9 (participating in fraudulent business carried on by sole trader etc.);

(e)section 11 (obtaining services dishonestly).

(3)An offence at common law of conspiracy to defraud.

Commencement Information

I7Sch. 1 para. 7 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Offences in relation to public revenueE+W+N.I.

8(1)An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty etc.) so far as not falling within paragraph 1(2)(c) or 3(1)(b) above.E+W+N.I.

(2)An offence under section 72 of the Value Added Tax Act 1994 (c. 23) (fraudulent evasion of VAT etc.).

(3)An offence under section 144 of the Finance Act 2000 (c. 17) (fraudulent evasion of income tax).

(4)An offence under section 35 of the Tax Credits Act 2002 (c. 21) (tax credit fraud).

(5)An offence at common law of cheating in relation to the public revenue.

Commencement Information

I8Sch. 1 para. 8 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Corruption and briberyE+W+N.I.

9(1)An offence under section 1 of the Public Bodies Corrupt Practices Act 1889 (c. 69) (corruption in public office).E+W+N.I.

(2)An offence which is the first or second offence under section 1(1) of the Prevention of Corruption Act 1906 (c. 34) (corrupt transactions with agents other than those of giving or using false etc. documents which intended to mislead principal).

(3)An offence at common law of bribery.

Commencement Information

I9Sch. 1 para. 9 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

CounterfeitingE+W+N.I.

10E+W+N.I.An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981 (c. 45)—

(a)section 14 (making counterfeit notes or coins);

(b)section 15 (passing etc. counterfeit notes or coins);

(c)section 16 (having custody or control of counterfeit notes or coins);

(d)section 17 (making or having custody or control of counterfeiting materials or implements).

Commencement Information

I10Sch. 1 para. 10 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

BlackmailE+W+N.I.

11(1)An offence under section 21 of the Theft Act 1968 (c. 60) (blackmail).E+W+N.I.

(2)An offence under section 12(1) or (2) of the Gangmasters (Licensing) Act 2004 (c. 11) (acting as a gangmaster other than under the authority of a licence, possession of false documents, etc.).

Commencement Information

I11Sch. 1 para. 11 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Intellectual propertyE+W+N.I.

12(1)An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)—E+W+N.I.

(a)section 107(1)(a), (b), (d)(iv) or (e) (making, importing or distributing an article which infringes copyright);

(b)section 198(1)(a), (b) or (d)(iii) (making, importing or distributing an illicit recording);

(c)section 297A (making or dealing etc. in unauthorised decoders).

(2)An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (c. 26) (unauthorised use of trade mark etc.).

Commencement Information

I12Sch. 1 para. 12 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

EnvironmentE+W+N.I.

13(1)An offence under section 1 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (fishing F1...with prohibited implements etc.).E+W+N.I.

(2)An offence under section 14 of the Wildlife and Countryside Act 1981 (c. 69) (introduction of new species etc.).

(3)An offence under section 33 of the Environmental Protection Act 1990 (c. 43) (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste).

(4)An offence under regulation 8 of the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (S.I. 1997/1372) (purchase and sale etc. of endangered species and provision of false statements and certificates).

Textual Amendments

F1Words in Sch. 1 para. 13(1) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 5(B); S.I. 2009/3345, art. 2, Sch. para. 27(b)

Commencement Information

I13Sch. 1 para. 13 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Inchoate offencesE+W+N.I.

14(1)An offence of attempting or conspiring the commission of an offence specified or described in this Part of this Schedule.E+W+N.I.

(2)An offence under Part 2 of this Act (encouraging or assisting) where the offence (or one of the offences) which the person in question intends or believes would be committed is an offence specified or described in this Part of this Schedule.

(3)An offence of aiding, abetting, counselling or procuring the commission of an offence specified or described in this Part of this Schedule.

(4)The references in sub-paragraphs (1) to (3) to offences specified or described in this Part of this Schedule do not include the offence at common law of conspiracy to defraud.

Commencement Information

I14Sch. 1 para. 14 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Earlier offencesE+W+N.I.

15(1)This Part of this Schedule (apart from paragraph 14(2)) has effect, in its application to conduct before the passing of this Act, as if the offences specified or described in this Part included any corresponding offences under the law in force at the time of the conduct.E+W+N.I.

(2)Paragraph 14(2) has effect, in its application to conduct before the passing of this Act or before the coming into force of section 59 of this Act, as if the offence specified or described in that provision were an offence of inciting the commission of an offence specified or described in this Part of this Schedule.

Commencement Information

I15Sch. 1 para. 15 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Scope of offencesE+W+N.I.

16E+W+N.I.Where this Part of this Schedule refers to offences which are offences under the law of England and Wales and another country, the reference is to be read as limited to the offences so far as they are offences under the law of England and Wales.

Commencement Information

I16Sch. 1 para. 16 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Part 2 E+W+N.I.Serious offences in Northern Ireland

Drug traffickingE+W+N.I.

17(1)An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)—E+W+N.I.

(a)section 4(2) or (3) (unlawful production or supply of controlled drugs);

(b)section 5(3) (possession of controlled drug with intent to supply);

(c)section 8 (permitting etc. certain activities relating to controlled drugs);

(d)section 20 (assisting in or inducing the commission outside the United Kingdom of an offence punishable under a corresponding law).

(a)section 50(2) or (3) (improper importation of goods);

(b)section 68(2) (exportation of prohibited or restricted goods);

(c)section 170 (fraudulent evasion of duty etc.).

(3)An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)—

(a)section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act);

(b)section 19 (using a ship for illicit traffic in controlled drugs).

Commencement Information

I17Sch. 1 para. 17 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

People traffickingE+W+N.I.

18(1)An offence under section 25, 25A or 25B of the Immigration Act 1971 (c. 77) (assisting unlawful immigration etc.).E+W+N.I.

(2)An offence under any of sections 57 to 59 of the Sexual Offences Act 2003 (c. 42) (trafficking for sexual exploitation).

(3)An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (trafficking people for exploitation).

Commencement Information

I18Sch. 1 para. 18 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Arms traffickingE+W+N.I.

19(1)An offence under either of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a firearm or ammunition—E+W+N.I.

(a)section 68(2) (exportation of prohibited or restricted goods);

(b)section 170 (fraudulent evasion of duty etc.).

(2)An offence under Article 24 of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I.3)) (dealing etc. in firearms or ammunition by way of trade or business without being registered).

(3)In this paragraph “firearm” and “ammunition” have the same meanings as in Article 2(2) of the Firearms (Northern Ireland) Order 2004.

Commencement Information

I19Sch. 1 para. 19 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Prostitution and child sexE+W+N.I.

20(1)An offence under section 13(1) of the Criminal Law Amendment Act 1885 (c. 69) (keeping a brothel used for prostitution).E+W+N.I.

(2)An offence under any of the following provisions of the Sexual Offences Act 2003—

(a)section 48 (causing or inciting child prostitution or pornography);

(b)section 49 (controlling a child prostitute or a child involved in pornography);

(c)section 50 (arranging or facilitating child prostitution or pornography);

(d)section 52 (causing or inciting prostitution for gain);

(e)section 53 (controlling prostitution for gain).

Commencement Information

I20Sch. 1 para. 20 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Armed robbery etc.E+W+N.I.

21(1)An offence under section 8(1) of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) (robbery) where the use or threat of force involves a firearm, an imitation firearm or an offensive weapon.E+W+N.I.

(2)An offence at common law of an assault with intent to rob where the assault involves a firearm, imitation firearm or an offensive weapon.

(3)In this paragraph—

“firearm” and “imitation firearm” have the meaning given by Article 2(2) of the Firearms (Northern Ireland) Order 2004;
“offensive weapon” means any weapon to which section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) applies.

Commencement Information

I21Sch. 1 para. 21 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Money launderingE+W+N.I.

22E+W+N.I.An offence under any of the following provisions of the Proceeds of Crime Act 2002 (c. 29)—

(a)section 327 (concealing etc. criminal property);

(b)section 328 (facilitating the acquisition etc. of criminal property by or on behalf of another);

(c)section 329 (acquisition, use and possession of criminal property).

Commencement Information

I22Sch. 1 para. 22 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

FraudE+W+N.I.

23(1)An offence under section 17 of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) (false accounting).E+W+N.I.

(2)An offence under any of the following provisions of the Fraud Act 2006 (c. 35)—

(a)section 1 (fraud by false representation, failing to disclose information or abuse of position);

(b)section 6 (possession etc. of articles for use in frauds);

(c)section 7 (making or supplying articles for use in frauds);

(d)section 9 (participating in fraudulent business carried on by sole trader etc.);

(e)section 11 (obtaining services dishonestly).

(3)An offence at common law of conspiracy to defraud.

Commencement Information

I23Sch. 1 para. 23 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Offences in relation to public revenueE+W+N.I.

24(1)An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty etc.) so far as not falling within paragraph 17(2)(c) or 19(1)(b) above.E+W+N.I.

(2)An offence under section 72 of the Value Added Tax Act 1994 (c. 23) (fraudulent evasion of VAT etc.).

(3)An offence under section 144 of the Finance Act 2000 (c. 17) (fraudulent evasion of income tax).

(4)An offence under section 35 of the Tax Credits Act 2002 (c. 21) (tax credit fraud).

(5)An offence at common law of cheating in relation to the public revenue.

Commencement Information

I24Sch. 1 para. 24 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Corruption and briberyE+W+N.I.

25(1)An offence under section 1 of the Public Bodies Corrupt Practices Act 1889 (c. 69) (corruption in public office).E+W+N.I.

(3)An offence at common law of bribery.

Commencement Information

I25Sch. 1 para. 25 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

CounterfeitingE+W+N.I.

26E+W+N.I.An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981 (c. 45)—

(a)section 14 (making counterfeit notes or coins);

(b)section 15 (passing etc. counterfeit notes or coins);

(c)section 16 (having custody or control of counterfeit notes or coins);

(d)section 17 (making or having custody or control of counterfeiting materials or implements).

Commencement Information

I26Sch. 1 para. 26 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

BlackmailE+W+N.I.

27(1)An offence under section 20 of the Theft Act (Northern Ireland) 1969 (c. 16) (blackmail).E+W+N.I.

(2)An offence under section 12(1) or (2) of the Gangmasters (Licensing) Act 2004 (c. 11) (acting as a gangmaster other than under the authority of a licence, possession of false documents, etc.).

Commencement Information

I27Sch. 1 para. 27 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Intellectual propertyE+W+N.I.

28(1)An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)—E+W+N.I.

(a)section 107(1)(a), (b), (d)(iv) or (e) (making, importing or distributing an article which infringes copyright);

(b)section 198(1)(a), (b) or (d)(iii) (making, importing or distributing an illicit recording);

(c)section 297A (making or dealing etc. in unauthorised decoders).

(2)An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (c. 26) (unauthorised use of trade mark etc.).

Commencement Information

I28Sch. 1 para. 28 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

EnvironmentE+W+N.I.

29(1)An offence under section 62 or 63 of the Fisheries Act (Northern Ireland) 1966 (c. 17 (N.I.)) (prohibition of certain methods of fishing).E+W+N.I.

(2)An offence under Article 15 of the Wildlife (Northern Ireland) Order 1985 (S.I. 1985/171 (N.I.2)) (introduction of new species, etc.).

(3)An offence under Article 4 of the Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I.19)) (prohibition on unauthorised or harmful deposit, treatment or disposal, etc. of waste).

Commencement Information

I29Sch. 1 para. 29 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Inchoate offencesE+W+N.I.

30(1)An offence of attempting or conspiring the commission of an offence specified or described in this Part of this Schedule.E+W+N.I.

(3)An offence of aiding, abetting, counselling or procuring the commission of an offence specified or described in this Part of this Schedule.

(4)The references in sub-paragraphs (1) to (3) to offences specified or described in this Part of this Schedule do not include the offence at common law of conspiracy to defraud.

Commencement Information

I30Sch. 1 para. 30 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Earlier offencesE+W+N.I.

31(1)This Part of this Schedule (apart from paragraph 30(2)) has effect, in its application to conduct before the passing of this Act, as if the offences specified or described in this Part included any corresponding offences under the law in force at the time of the conduct.E+W+N.I.

(2)Paragraph 30(2) has effect, in its application to conduct before the passing of this Act or before the coming into force of section 59 of this Act, as if the offence specified or described in that provision were an offence of inciting the commission of an offence specified or described in this Part of this Schedule.

Commencement Information

I31Sch. 1 para. 31 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Scope of offencesE+W+N.I.

32E+W+N.I.Where this Part of this Schedule refers to offences which are offences under the law of Northern Ireland and another country, the reference is to be read as limited to the offences so far as they are offences under the law of Northern Ireland.

Commencement Information

I32Sch. 1 para. 32 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Section 37

SCHEDULE 2U.K.Functions of applicant authorities under Part 1

Director of Public ProsecutionsE+W+N.I.

1E+W+N.I.The functions of the Director of Public Prosecutions under this Part are—

(a)to have the conduct of applications for serious crime prevention orders in England and Wales or for their variation or discharge;

(b)to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in England and Wales;

(c)to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders (whether proceedings on appeal, by virtue of section 27 or otherwise);

(d)to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders; and

(e)to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

Commencement Information

I33Sch. 2 para. 1 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

2(1)The Director may, to such extent as he may decide, delegate the exercise of his functions under this Part to a Crown Prosecutor.E+W+N.I.

(2)References in this Part to the Director are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Director or any Crown Prosecutor.

Commencement Information

I34Sch. 2 para. 2 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

3E+W+N.I.The functions of the Director under this Part are exercisable under the superintendence of the Attorney General.

Commencement Information

I35Sch. 2 para. 3 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

4(1)The Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (c. 23) (guidelines for Crown Prosecutors) may include guidance by the Director on general principles to be applied by Crown Prosecutors in determining in any case—E+W+N.I.

(a)whether to make an application for a serious crime prevention order in England and Wales or for the variation or discharge of such an order;

(b)whether to present a petition by virtue of section 27 of this Act; or

(c)where such an application has been made or petition presented, whether the proceedings concerned should be discontinued.

(2)Section 10(2) and (3) of that Act (power to make alterations in the Code and duty to set out alterations in Director's report) are to be read accordingly.

Commencement Information

I36Sch. 2 para. 4 in force at 1.3.2008 by S.I. 2008/219, art. 3(c)

5E+W+N.I.Section 14 of that Act (power of Attorney General to make regulations about fees of legal representatives and costs and expenses of witnesses) applies in relation to proceedings in connection with serious crime prevention orders and attendance for the purposes of such cases as it applies in relation to criminal proceedings and attendance for the purposes of such cases.

Commencement Information

I37Sch. 2 para. 5 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

Director of Revenue and Customs ProsecutionsU.K.

6E+W+N.I.The functions of the Director of Revenue and Customs Prosecutions under this Part are—

(a)to have the conduct of applications for serious crime prevention orders in England and Wales or for their variation or discharge;

(b)to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in England and Wales;

(d)to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders; and

(e)to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

Commencement Information

I38Sch. 2 para. 6 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

7(1)The Director may, to such extent as he may decide, delegate the exercise of his functions under this Part to a Revenue and Customs Prosecutor.E+W+N.I.

(2)References in this Part to the Director are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Director or any Revenue and Customs Prosecutor.

Commencement Information

I39Sch. 2 para. 7 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

8E+W+N.I.The functions of the Director under this Part are exercisable under the superintendence of the Attorney General.

Commencement Information

I40Sch. 2 para. 8 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

9E+W+N.I.The Director must have regard to the Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (guidelines for Crown Prosecutors) so far as it applies in relation to serious crime prevention orders in England and Wales, and petitions and proceedings by virtue of section 27 of this Act, by virtue of paragraph 4 above.

Commencement Information

I41Sch. 2 para. 9 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

10U.K.Section 21 of the Commissioners for Revenue and Customs Act 2005 (c. 11) (disclosure to prosecuting authority) has effect as if the purpose mentioned in subsection (1)(b) included the purpose of enabling the Director to exercise his functions under this Part.

Commencement Information

I42Sch. 2 para. 10 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

11U.K.Section 41(1) of the Act of 2005 (disclosure of information to Director) applies in relation to a purpose connected with a serious crime prevention order or possible serious crime prevention order as it applies in relation to a purpose connected with a specified investigation or prosecution.

Commencement Information

I43Sch. 2 para. 11 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

Director of Serious Fraud OfficeE+W+N.I.

12E+W+N.I.The functions of the Director of the Serious Fraud Office under this Part are—

(a)to have the conduct of applications for serious crime prevention orders in England and Wales or for their variation or discharge;

(b)to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in England and Wales;

(d)to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders; and

(e)to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

Commencement Information

I44Sch. 2 para. 12 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

13(1)The Director may, to such extent as he may decide, delegate the exercise of his functions under this Part to a member of the Serious Fraud Office designated under section 1(7) of the Criminal Justice Act 1987 (c. 38).E+W+N.I.

(2)References in this Part to the Director are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1) above, as references to the Director or any member of the Serious Fraud Office so designated.

Commencement Information

I45Sch. 2 para. 13 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

14E+W+N.I.The functions of the Director under this Part are exercisable under the superintendence of the Attorney General.

Commencement Information

I46Sch. 2 para. 14 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

15E+W+N.I.Paragraph 8 of Schedule 1 to the Criminal Justice Act 1987 (power of Attorney General to make regulations about fees of counsel and costs and expenses of witnesses) applies in relation to proceedings in connection with serious crime prevention orders and attendance for the purposes of such cases as it applies in relation to criminal proceedings and attendance for the purposes of such cases.

Commencement Information

I47Sch. 2 para. 15 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

Director of Public Prosecutions for Northern IrelandU.K.

16E+W+N.I.The functions of the Director of Public Prosecutions for Northern Ireland under this Part are—

(a)to have the conduct of applications for serious crime prevention orders in Northern Ireland or for their variation or discharge;

(b)to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in Northern Ireland;

(d)to give advice in connection with any proceedings or possible proceedings about serious crime prevention orders; and

(e)to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

Commencement Information

I48Sch. 2 para. 16 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

17E+W+N.I.References in this Part to the Director are to be read, so far as necessary for the purposes of functions delegated by him to Public Prosecutors, as references to the Director or any Public Prosecutor.

Commencement Information

I49Sch. 2 para. 17 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

18(1)The Code for Public Prosecutors issued under section 37 of the Justice (Northern Ireland) Act 2002 (c. 26) (guidelines for Public Prosecutors) may include guidance by the Director on general principles to be applied by Public Prosecutors in determining in any case—E+W+N.I.

(a)whether to make an application for a serious crime prevention order in Northern Ireland or for the variation or discharge of such an order;

(b)whether to present a petition by virtue of section 28 of this Act; or

(c)where such an application has been made or petition presented, whether the proceedings concerned should be discontinued.

(2)Sections 37(4) and 39(2) of that Act (power to make alterations in the Code and duty to set out alterations in Director's report) are to be read accordingly.

Commencement Information

I50Sch. 2 para. 18 in force at 1.3.2008 by S.I. 2008/219, art. 3(c)

19U.K.Sections 75(1) and (2) and 76(1) of, and Schedule 9 to, the Northern Ireland Act 1998 (c. 47) (duties of public authorities) do not apply to the functions of the Director of Public Prosecutions for Northern Ireland under this Part.

Commencement Information

I51Sch. 2 para. 19 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

20E+W+N.I.Section 1 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10 (N.I.)) (expenses of prosecution) applies in relation to proceedings in connection with serious crime prevention orders and attendance for the purposes of such cases as it applies in relation to criminal proceedings and attendance for the purposes of such cases.

Commencement Information

I52Sch. 2 para. 20 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

InterpretationE+W+N.I.

21E+W+N.I.In this Schedule references to having the conduct of proceedings include references to starting or discontinuing proceedings.

Commencement Information

I53Sch. 2 para. 21 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

Section 49(5)

SCHEDULE 3E+W+N.I.Listed Offences

Part 1 E+W+N.I.Offences common to England and Wales and Northern Ireland

Offences against the Person Act 1861 (c. 100)E+W+N.I.

1E+W+N.I.An offence under section 4 of the Offences against the Person Act 1861 (solicitation etc. of murder).

Commencement Information

I54Sch. 3 para. 1 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

2E+W+N.I.An offence under section 21 of that Act (attempting to choke etc. in order to commit or assist in the committing of any indictable offence) so far as it may be committed with the intention of enabling any other person to commit, or assisting any other person in the commission of, an indictable offence.

Commencement Information

I55Sch. 3 para. 2 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

3E+W+N.I.An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence) so far as it may be committed with the intention of enabling any other person to commit, or assisting any other person in the commission of, an indictable offence.

Commencement Information

I56Sch. 3 para. 3 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

4E+W+N.I.But references in paragraphs 2 and 3 to any other person do not include reference to the person whose act is capable of encouraging or assisting the commission of the offence under section 21 or, as the case may be, section 22 of that Act.

Commencement Information

I57Sch. 3 para. 4 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Aliens Restriction (Amendment) Act 1919 (c. 92)E+W+N.I.

5E+W+N.I.An offence under section 3(1) of the Aliens Restriction (Amendment) Act 1919 (acts calculated or likely to cause sedition or disaffection amongst HM forces etc.) consisting in attempting an act calculated or likely to cause sedition or disaffection in contravention of that subsection.

Commencement Information

I58Sch. 3 para. 5 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

6E+W+N.I.An offence under section 3(2) of that Act (promoting or attempting to promote industrial unrest) consisting in attempting to promote industrial unrest in contravention of that subsection.

Commencement Information

I59Sch. 3 para. 6 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Official Secrets Act 1920 (c. 75)E+W+N.I.

7E+W+N.I.An offence under section 7 of the Official Secrets Act 1920 (soliciting etc. commission of an offence under that Act or the Official Secrets Act 1911 (c. 28)).

Commencement Information

I60Sch. 3 para. 7 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Incitement to Disaffection Act 1934 (c. 56)E+W+N.I.

8E+W+N.I.An offence under section 1 of the Incitement to Disaffection Act 1934 (endeavouring to seduce members of HM forces from their duty or allegiance).

Commencement Information

I61Sch. 3 para. 8 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Misuse of Drugs Act 1971 (c. 38)E+W+N.I.

9E+W+N.I.An offence under section 19 of the Misuse of Drugs Act 1971 (inciting any other offence under that Act).

Commencement Information

I62Sch. 3 para. 9 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

10E+W+N.I.An offence under section 20 of that Act (assisting or inducing commission outside United Kingdom of offence punishable under corresponding law).

Commencement Information

I63Sch. 3 para. 10 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Immigration Act 1971 (c. 77)E+W+N.I.

11E+W+N.I.An offence under section 25 of the Immigration Act 1971 (assisting unlawful immigration to a member State).

Commencement Information

I64Sch. 3 para. 11 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

12E+W+N.I.An offence under section 25B of that Act (assisting entry to the United Kingdom in breach of deportation or exclusion order).

Commencement Information

I65Sch. 3 para. 12 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Representation of the People Act 1983 (c. 2)E+W+N.I.

13E+W+N.I.An offence under section 97(1) of the Representation of the People Act 1983 (public meetings) consisting in the incitement of others to act in a disorderly manner for the purpose of preventing at a lawful public meeting to which that section applies the transaction of the business for which the meeting was called.

Commencement Information

I66Sch. 3 para. 13 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Computer Misuse Act 1990 (c. 18)E+W+N.I.

14E+W+N.I.An offence under section 3A(1) of the Computer Misuse Act 1990 (making etc. article intending it to be used to commit, or to assist in the commission of, an offence under section 1 or 3 of that Act).

Commencement Information

I67Sch. 3 para. 14 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

15E+W+N.I.An offence under section 3A(2) of that Act (supply or offer to supply article believing it is likely to be used to commit, or to assist in the commission of, an offence under section 1 or 3 of that Act).

Commencement Information

I68Sch. 3 para. 15 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

16E+W+N.I.An offence under section 3A(3) of that Act (obtaining an article with a view to its being supplied for use to commit, or to assist in the commission of, an offence under section 1 or 3 of that Act).

Commencement Information

I69Sch. 3 para. 16 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Criminal Justice Act 1993 (c. 36)E+W+N.I.

17E+W+N.I.An offence under section 52(2)(a) of the Criminal Justice Act 1993 (encouraging insider dealing).

Commencement Information

I70Sch. 3 para. 17 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Reserve Forces Act 1996 (c. 14)E+W+N.I.

18E+W+N.I.An offence under section 101 of the Reserve Forces Act 1996 (inducing a person to desert or absent himself).

Commencement Information

I71Sch. 3 para. 18 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Landmines Act 1998 (c. 33)E+W+N.I.

19E+W+N.I.An offence under section 2(2) of the Landmines Act 1998 (encouraging, assisting or inducing an offence under section 2(1) of that Act).

Commencement Information

I72Sch. 3 para. 19 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Terrorism Act 2006 (c. 11)E+W+N.I.

20E+W+N.I.An offence under section 1(2) of the Terrorism Act 2006 (encouraging terrorism).

Commencement Information

I73Sch. 3 para. 20 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

21E+W+N.I.An offence under section 2(1) of that Act (disseminating terrorist publications).

Commencement Information

I74Sch. 3 para. 21 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

22E+W+N.I.An offence under section 5 of that Act (engaging in conduct in preparation for giving effect to intention to commit or assisting another to commit acts of terrorism).

Commencement Information

I75Sch. 3 para. 22 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

23E+W+N.I.An offence under section 6(1) of that Act (provision of instruction or training knowing that a person trained or instructed intends to use the skills obtained for or in connection with the commission of acts of terrorism or for assisting the commission or preparation of such acts by others).

Commencement Information

I76Sch. 3 para. 23 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

24E+W+N.I.An offence under section 6(2) of that Act as a result of paragraph (b)(ii) of that subsection (receipt of instruction or training intending to use the skills obtained for assisting the commission or preparation of acts of terrorism by others).

Commencement Information

I77Sch. 3 para. 24 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Part 2 E+W+N.I.Offences under particular enactments: England and Wales

Public Meeting Act 1908 (c. 66)E+W+N.I.

25E+W+N.I.An offence under section 1(2) of the Public Meeting Act 1908 (inciting others to commit offences under that section).

Commencement Information

I78Sch. 3 para. 25 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Perjury Act 1911 (c. 6)E+W+N.I.

26E+W+N.I.An offence under section 7(2) of the Perjury Act 1911 (inciting a person to commit an offence under that Act).

Commencement Information

I79Sch. 3 para. 26 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Prison Act 1952 (c. 52)E+W+N.I.

27E+W+N.I.An offence under section 39(1) of the Prison Act 1952 (assisting a prisoner to escape).

Commencement Information

I80Sch. 3 para. 27 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Criminal Law Act 1967 (c. 58)E+W+N.I.

28E+W+N.I.An offence under section 4(1) of the Criminal Law Act 1967 (assisting persons who have committed an offence).

Commencement Information

I81Sch. 3 para. 28 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

29E+W+N.I.An offence under section 5(1) of that Act (accepting or agreeing to accept consideration for not disclosing information about an offence).

Commencement Information

I82Sch. 3 para. 29 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Greater London Council (General Powers) Act 1973 (c. xxx)E+W+N.I.

30E+W+N.I.An offence under section 13 of the Greater London Council (General Powers) Act 1973 (assaults etc. on officers) consisting in the aiding or inciting of any person to assault, resist or obstruct an officer of the Thames Water Authority duly exercising or performing any power or duty under a section or byelaw mentioned in that section.

Commencement Information

I83Sch. 3 para. 30 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Greater London Council (General Powers) Act 1974 (c. xxiv)E+W+N.I.

31E+W+N.I.An offence under section 21(6) of the Greater London Council (General Powers) Act 1974 (assaults etc. on officers of a borough council) consisting in the aiding or inciting of any person to assault, resist or obstruct an officer of a borough council duly exercising or performing any power or duty under section 21 of that Act.

Commencement Information

I84Sch. 3 para. 31 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Criminal Law Act 1977 (c. 45)E+W+N.I.

32E+W+N.I.An offence under section 1(1) of the Criminal Law Act 1977 (conspiracy).

Commencement Information

I85Sch. 3 para. 32 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Criminal Attempts Act 1981 (c. 47)E+W+N.I.

33E+W+N.I.An offence under section 1(1) of the Criminal Attempts Act 1981 (attempting to commit an offence).

Commencement Information

I86Sch. 3 para. 33 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Public Order Act 1986 (c. 64)E+W+N.I.

34E+W+N.I.An offence under section 12(6) of the Public Order Act 1986 (inciting commission of offences under section 12(5) of that Act).

Commencement Information

I87Sch. 3 para. 34 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

35E+W+N.I.An offence under section 13(9) of that Act (inciting commission of offences under section 13(8) of that Act).

Commencement Information

I88Sch. 3 para. 35 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

36E+W+N.I.An offence under section 14(6) of that Act (inciting commission of offences under section 14(5) of that Act).

Commencement Information

I89Sch. 3 para. 36 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

37E+W+N.I.An offence under section 14B(3) of that Act (inciting commission of offences under section 14B(2) of that Act).

Commencement Information

I90Sch. 3 para. 37 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Terrorism Act 2000 (c. 11)E+W+N.I.

38E+W+N.I.An offence under section 59 of the Terrorism Act 2000 (inciting in England and Wales the commission of acts of terrorism outside the United Kingdom).

Commencement Information

I91Sch. 3 para. 38 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Part 3 E+W+N.I.Other offences: England and Wales

39E+W+N.I.An offence of conspiracy falling within section 5(2) or (3) of the Criminal Law Act 1977 (c. 45) (forms of conspiracy not affected by abolition of offence of conspiracy at common law).

Commencement Information

I92Sch. 3 para. 39 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

40(1)An attempt under a special statutory provision.E+W+N.I.

(2)Sub-paragraph (1) is to be read with section 3 of the Criminal Attempts Act 1981 (c. 47).

Commencement Information

I93Sch. 3 para. 40 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Part 4 E+W+N.I.Offences under particular enactments: Northern Ireland

Prison Act (Northern Ireland) 1953 (c. 18)E+W+N.I.

41E+W+N.I.An offence under section 29(a) of the Prison Act (Northern Ireland) 1953 (rescuing or assisting a person sentenced to imprisonment for life, or in lawful custody for an offence carrying that sentence, to escape or attempt to escape) so far as it consists in assisting a person.

Commencement Information

I94Sch. 3 para. 41 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

42E+W+N.I.An offence under section 30(a) of that Act (rescuing or assisting a person sentenced to imprisonment for a term less than life, or in lawful custody for an offence carrying such a sentence, to escape or attempt to escape) so far as it consists in assisting a person.

Commencement Information

I95Sch. 3 para. 42 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Criminal Law Act (Northern Ireland) 1967 (c. 18)E+W+N.I.

43E+W+N.I.An offence under section 4(1) of the Criminal Law Act (Northern Ireland) 1967 (assisting persons who have committed an offence).

Commencement Information

I96Sch. 3 para. 43 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

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

44E+W+N.I.An offence under Article 12(2) of the Perjury (Northern Ireland) Order 1979 (inciting a person to commit an offence under that Order).

Commencement Information

I97Sch. 3 para. 44 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

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

45E+W+N.I.An offence under Article 3(1) of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (attempting to commit an offence).

Commencement Information

I98Sch. 3 para. 45 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

46E+W+N.I.An offence under Article 9(1) of that Order (conspiracy).

Commencement Information

I99Sch. 3 para. 46 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Public Processions (Northern Ireland) Act 1998 (c. 2)E+W+N.I.

47E+W+N.I.An offence under section 8(8) of the Public Processions (Northern Ireland) Act 1998 (inciting commission of offences under section 8(7) of that Act).

Commencement Information

I100Sch. 3 para. 47 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

48E+W+N.I.An offence under section 9A(8) of that Act (inciting commission of offences under section 9A of that Act).

Commencement Information

I101Sch. 3 para. 48 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Terrorism Act 2000 (c. 11)E+W+N.I.

49E+W+N.I.An offence under section 60 of the Terrorism Act 2000 (inciting in Northern Ireland the commission of acts of terrorism outside the United Kingdom).

Commencement Information

I102Sch. 3 para. 49 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Part 5 E+W+N.I.Other offences: Northern Ireland

50E+W+N.I.An offence of conspiracy falling within Article 13(2) or (3) of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13)) (forms of conspiracy not affected by abolition of offence of conspiracy at common law).

Commencement Information

I103Sch. 3 para. 50 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Section 52(2)

SCHEDULE 4E+W+N.I.Extra-territoriality

1(1)This paragraph applies if—E+W+N.I.

(a)any relevant behaviour of D's takes place wholly or partly in England or Wales;

(b)D knows or believes that what he anticipates might take place wholly or partly in a place outside England and Wales; and

(c)either—

(i)the anticipated offence is one that would be triable under the law of England and Wales if it were committed in that place; or

(ii)if there are relevant conditions, it would be so triable if it were committed there by a person who satisfies the conditions.

(2)“Relevant condition” means a condition that—

(a)determines (wholly or in part) whether an offence committed outside England and Wales is nonetheless triable under the law of England and Wales; and

(b)relates to the citizenship, nationality or residence of the person who commits it.

Commencement Information

I104Sch. 4 para. 1 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

2(1)This paragraph applies if—E+W+N.I.

(a)paragraph 1 does not apply;

(b)any relevant behaviour of D's takes place wholly or partly in England or Wales;

(c)D knows or believes that what he anticipates might take place wholly or partly in a place outside England and Wales; and

(d)what D anticipates would amount to an offence under the law in force in that place.

(2)The condition in sub-paragraph (1)(d) is to be taken to be satisfied unless, not later than rules of court may provide, the defence serve on the prosecution a notice—

(a)stating that on the facts as alleged the condition is not in their opinion satisfied;

(b)showing their grounds for that opinion; and

(c)requiring the prosecution to show that it is satisfied.

(3)The court, if it thinks fit, may permit the defence to require the prosecution to show that the condition is satisfied without prior service of a notice under sub-paragraph (2).

(4)In the Crown Court, the question whether the condition is satisfied is to be decided by the judge alone.

(5)An act punishable under the law in force in any place outside England and Wales constitutes an offence under that law for the purposes of this paragraph, however it is described in that law.

Commencement Information

I105Sch. 4 para. 2 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

3(1)This paragraph applies if—E+W+N.I.

(a)any relevant behaviour of D's takes place wholly outside England and Wales;

(b)D knows or believes that what he anticipates might take place wholly or partly in a place outside England and Wales; and

(c)D could be tried under the law of England and Wales if he committed the anticipated offence in that place.

(2)For the purposes of sub-paragraph (1)(c), D is to be assumed to be able to commit the anticipated offence.

Commencement Information

I106Sch. 4 para. 3 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

4E+W+N.I.In relation to an offence under section 46, a reference in this Schedule to the anticipated offence is to be read as a reference to any of the offences specified in the indictment.

Commencement Information

I107Sch. 4 para. 4 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Section 60

SCHEDULE 5U.K.Amendments relating to service law

Criminal Justice Act 1982 (c. 48)U.K.

1U.K.In section 32 of the Criminal Justice Act 1982 (early release of prisoners), in subsection (2A) for “incitement” substitute “ encouragement and assistance ”.

Commencement Information

I108Sch. 5 para. 1 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Sexual Offences (Amendment) Act 1992 (c. 34)U.K.

2U.K.In section 6 of the Sexual Offences (Amendment) Act 1992 (interpretation), in subsection (1A) for “incitement” substitute “ encouragement and assistance ”.

Commencement Information

I109Sch. 5 para. 2 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)U.K.

3U.K.In section 114 of the Powers of Criminal Courts (Sentencing) Act 2000 (offences under service law), in subsection (3) for “incitement” substitute “ encouragement and assistance ”.

Commencement Information

I110Sch. 5 para. 3 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Sexual Offences Act 2003 (c. 42)U.K.

4(1)The Sexual Offences Act 2003 is amended as follows.U.K.

(2)In paragraph 93A of Schedule 3 (sexual offences for purposes of Part 2), in sub-paragraph (3) for “incitement” substitute “ encouragement and assistance ”.

(3)In paragraph 172A of Schedule 5 (other offences for purposes of Part 2), in sub-paragraph (2) for “incitement” substitute “ encouragement and assistance ”.

Commencement Information

I111Sch. 5 para. 4 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Criminal Justice Act 2003 (c. 44)U.K.

5U.K.In section 233 of the Criminal Justice Act 2003 (offences under service law), in subsection (2) for “incitement” substitute “ encouragement and assistance ”.

Commencement Information

I112Sch. 5 para. 5 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Gambling Act 2005 (c. 19)U.K.

6U.K.In Part 1 of Schedule 7 to the Gambling Act 2005 (relevant offences), in paragraph 22A for “incitement” substitute “ encouragement and assistance ”.

Commencement Information

I113Sch. 5 para. 6 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Armed Forces Act 2006 (c. 52)U.K.

7U.K.The Armed Forces Act 2006 is amended as follows.

Commencement Information

I114Sch. 5 para. 7 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

8U.K.In section 39 (attempts), in subsection (4)(b) for “inciting another person to commit” substitute “ encouraging or assisting the commission of ”.

Commencement Information

I115Sch. 5 para. 8 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

9U.K.For section 40 (incitement) substitute—

“40Encouraging and assisting

(1)A person subject to service law commits an offence if he encourages or assists the commission of a service offence (other than an offence under section 42).

(2)A civilian subject to service discipline commits an offence if he encourages or assists the commission of an offence mentioned in section 39(4).

(3)Reference in this section to encouraging or assisting the commission of an offence is to the doing of an act that would have constituted an offence under Part 2 of the Serious Crime Act 2007 if the offence encouraged or assisted had been an offence under the law of England and Wales.

(4)In determining whether an act would have constituted an offence under that Part, section 49(4) of that Act has effect as if for “offences under this Part and listed offences” it read “offences under sections 39 and 40 of the Armed Forces Act 2006”.

(5)Any requirement in that Part to specify matters in an indictment applies for the purposes of this section as it applies for the purposes of that Part, but with references to the indictment being read as references to the charge sheet.

(6)A person guilty of an offence under this section is liable to the same punishment as he would be liable to if guilty of—

(a)the service offence encouraged or assisted; or

(b)if convicted of the offence under this section by reference to more than one such service offence, any one of those service offences.”

Commencement Information

I116Sch. 5 para. 9 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

10U.K.Accordingly, in the heading immediately before section 39 for “incitement” substitute “ encouragement and assistance ”.

Commencement Information

I117Sch. 5 para. 10 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

11U.K.For section 46 (inciting criminal conduct) substitute—

“46Encouraging or assisting criminal conduct

(1)Subsection (2) applies if a person subject to service law, or a civilian subject to service discipline, encourages or assists the doing of an act (or one or more of a number of acts) that, if done in England or Wales, would be punishable by the law of England and Wales.

(2)Regardless of where that act (or those acts) might be done and of his state of mind with respect to that question, his encouragement or assistance shall be treated for the purposes of section 42(1) as an act that is punishable by the law of England and Wales (so far as it is not such an act in any event).

(3)Reference in this section to encouraging or assisting is to an act that would constitute an offence under Part 2 of the Serious Crime Act 2007 disregarding any provision in that Part about the place where the act (or acts) being encouraged or assisted might be done or the accused's state of mind with respect to that question.”

Commencement Information

I118Sch. 5 para. 11 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

12U.K.In section 48 (provision supplementary to sections 43 to 47), in subsection (1)(a) for “incitement” substitute “ encouragement or assistance ”.

Commencement Information

I119Sch. 5 para. 12 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

13U.K.In Schedule 2 (list of serious offences)—

(a)in paragraph 11 for “inciting another person to commit” substitute “ encouraging or assisting the commission of ”;

(b)in paragraph 13 for “of incitement to commit” substitute “ under Part 2 of the Serious Crime Act 2007 of encouraging or assisting the commission of ”.

Commencement Information

I120Sch. 5 para. 13 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Section 63(1) and (2)

SCHEDULE 6U.K.Minor and consequential amendments: Part 2

Part 1 E+W+N.I.References to common law offence of incitement

1E+W+N.I.Section 30(4) of the Theft Act 1968 (c. 60) (restriction of proceedings against spouses and civil partners).

Commencement Information

I121Sch. 6 para. 1 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

2E+W+N.I.Section 1B(2) of the Biological Weapons Act 1974 (c. 6) (Revenue and Customs prosecutions).

Commencement Information

I122Sch. 6 para. 2 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

3E+W+N.I.Section 17(1) of the Industry Act 1975 (c. 68) (no criminal proceedings to lie in respect of contravention of a prohibition order).

Commencement Information

I123Sch. 6 para. 3 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

4E+W+N.I.Section 7(2)(ix) of the Sexual Offences (Amendment) Act 1976 (c. 82) (meaning of “rape offence” in relation to court martial proceedings).

Commencement Information

I124Sch. 6 para. 4 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

5E+W+N.I.In the Magistrates' Courts Act 1980 (c. 43)—

(a)section 22(11)(b) (aggregation of value in relation to charges involving two or more scheduled offences);

(b)section 103(2)(d) (written statement of child admissible in committal proceedings for certain offences);

(c)paragraph 2 of Schedule 2 (offences for which the value involved is relevant to the mode of trial).

Commencement Information

I125Sch. 6 para. 5 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

6E+W+N.I.Article 8(1A) of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I.6)) (driving disqualification where vehicle used for the purposes of crime).

Commencement Information

I126Sch. 6 para. 6 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

7E+W+N.I.In the Betting and Gaming Duties Act 1981 (c. 63)—

(a)section 9(5) (prohibitions for protection of revenue);

(b)section 9A(4) (prohibitions for protection of revenue: overseas brokers).

Commencement Information

I127Sch. 6 para. 7 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

8E+W+N.I.In section 32(1) of the Criminal Justice Act 1982 (c. 48) (early release of prisoners)—

(a)paragraph (b)(iv) (imprisonment for excluded offence etc.);

(b)paragraph (c)(iv) (imprisonment for service offence corresponding to excluded offence etc.), inserted by paragraph 94(2) of Schedule 16 to the Armed Forces Act 2006 (c. 52).

Commencement Information

I128Sch. 6 para. 8 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

9E+W+N.I.Section 80(3)(c) of the Police and Criminal Evidence Act 1984 (c. 60) (compellability of accused's spouse or civil partner).

Commencement Information

I129Sch. 6 para. 9 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

10E+W+N.I.Section 49(4) of the Airports Act 1986 (c. 31) (no criminal proceedings to lie in respect of contravention of compliance order).

Commencement Information

I130Sch. 6 para. 10 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

11E+W+N.I.Section 12(6)(a) of the Outer Space Act 1986 (c. 38) (offences).

Commencement Information

I131Sch. 6 para. 11 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

12E+W+N.I.Section 30(4) of the Gas Act 1986 (c. 44) (no criminal proceedings to lie in respect of contravention of final or provisional order).

Commencement Information

I132Sch. 6 para. 12 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

13E+W+N.I.Section 7(1) of the Public Order Act 1986 (c. 64) (consent of DPP to prosecution).

Commencement Information

I133Sch. 6 para. 13 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

14E+W+N.I.Section 2(3)(ba) of the Ministry of Defence Police Act 1987 (c. 4) (jurisdiction of members of MoD police).

Commencement Information

I134Sch. 6 para. 14 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

15E+W+N.I.In the Road Traffic Offenders Act 1988 (c. 53)—

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

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

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

Commencement Information

I135Sch. 6 para. 15 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

16E+W+N.I.Paragraph 2(a) of Schedule 1 to the Football Spectators Act 1989 (c. 37) (offences).

Commencement Information

I136Sch. 6 para. 16 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

17E+W+N.I.Article 79(3)(c) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)) (compellability of accused's spouse or civil partner).

Commencement Information

I137Sch. 6 para. 17 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

18E+W+N.I.In the Aviation and Maritime Security Act 1990 (c. 31)—

(a)section 11(3)(b) (destroying ships or fixed platforms or endangering their safety);

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

Commencement Information

I138Sch. 6 para. 18 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

19E+W+N.I.In the Criminal Justice Act 1991 (c. 53)—

(a)section 53(7) (cases involving children in which notice of transfer may be given);

(b)section 86A(4) (offences in respect of which prisoner custody officers have powers in relation to persons other than prisoners).

Commencement Information

I139Sch. 6 para. 19 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

20E+W+N.I.In the Sexual Offences (Amendment) Act 1992 (c. 34)—

(a)subsections (1)(g) and (3)(k) of section 2 (offences to which Act applies);

(b)section 6(2A) (person who is to be treated as person against whom inchoate offences are committed).

Commencement Information

I140Sch. 6 para. 20 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

21E+W+N.I.In the Criminal Justice Act 1993 (c. 36)—

(a)section 1(3)(d) (Group B offences);

(b)section 5(4) (incitement to commit Group A offence).

Commencement Information

I141Sch. 6 para. 21 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

22E+W+N.I.Section 12(7) of the Finance Act 1994 (c. 9) (offences of fraud and dishonesty).

Commencement Information

I142Sch. 6 para. 22 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

23E+W+N.I.Section 27 of the Antarctic Act 1994 (c. 15) (references to offences under the Act).

Commencement Information

I143Sch. 6 para. 23 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

24E+W+N.I.Section 9A(4) of the Criminal Justice and Public Order Act 1994 (c. 33) (offences in respect of which custody officers at contracted out secure training centres have powers in relation to persons other than those detained in the centre).

Commencement Information

I144Sch. 6 para. 24 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

25E+W+N.I.Paragraph (b) of the definition of “specified offence” in section 60(6) of the Drug Trafficking Act 1994 (c. 37) (Revenue and Customs prosecutions).

Commencement Information

I145Sch. 6 para. 25 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

26E+W+N.I.Article 40(4) of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I.1)) (no criminal proceedings to lie in respect of contravention of compliance order).

Commencement Information

I146Sch. 6 para. 26 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

27E+W+N.I.Article 4(1A) and (7) of the Children's Evidence (Northern Ireland) Order 1995 (S.I. 1995/757 (N.I.3)) (cases involving children in which notice of transfer may be given).

Commencement Information

I147Sch. 6 para. 27 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

28E+W+N.I.Section 30A(2) of the Chemical Weapons Act 1996 (c. 6) (Revenue and Customs prosecutions).

Commencement Information

I148Sch. 6 para. 28 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

29E+W+N.I.Section 29(6)(i) of the Criminal Procedure and Investigations Act 1996 (c. 25) (meaning of “terrorism offence” for purpose of requirement to hold preparatory hearing).

Commencement Information

I149Sch. 6 para. 29 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

30E+W+N.I.In the Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)—

(a)section 2(1) and (2) (incitement to commit certain sexual acts outside the United Kingdom);

(b)section 3(8) (extended meaning of offence of incitement to commit a listed sexual offence).

Commencement Information

I150Sch. 6 para. 30 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

31E+W+N.I.In the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I.9))—

(a)paragraph (h) of the definition of “drug trafficking offence” in Article 2(2) (interpretation);

(b)paragraph (b) of the definition of “specified offence” in Article 55 (Revenue and Customs prosecutions).

Commencement Information

I151Sch. 6 para. 31 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

32E+W+N.I.In the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I.10))—

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

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

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

Commencement Information

I152Sch. 6 para. 32 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

33E+W+N.I.In the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24)) —

(a)Article 38(3)(d) (Group B offences);

(b)Article 42(2) (incitement to commit Group A offence).

Commencement Information

I153Sch. 6 para. 33 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

34E+W+N.I.Paragraph 8 of the Schedule to the Sexual Offences (Protected Material) Act 1997 (c. 39) (sexual offences for the purposes of that Act).

Commencement Information

I154Sch. 6 para. 34 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

35E+W+N.I.Section 14(2)(d) of the Northern Ireland (Sentences) Act 1998 (c. 35) (inadmissibility).

Commencement Information

I155Sch. 6 para. 35 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

36E+W+N.I.Section 51C(3)(e) of the Crime and Disorder Act 1998 (c. 37) (notices in certain cases involving children).

Commencement Information

I156Sch. 6 para. 36 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

37E+W+N.I.Section 62(2) of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (meaning of “sexual offence” and other references to offences).

Commencement Information

I157Sch. 6 para. 37 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

38E+W+N.I.Article 3(2) of the Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I.8)) (meaning of “sexual offence” and other references to offences).

Commencement Information

I158Sch. 6 para. 38 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

39E+W+N.I.Section 147(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (driving disqualification where vehicle used for purposes of crime).

Commencement Information

I159Sch. 6 para. 39 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

40E+W+N.I.Paragraph 3(t)(i) of Schedule 4 to the Criminal Justice and Court Services Act 2000 (c. 43) (meaning of “offence against a child”).

Commencement Information

I160Sch. 6 para. 40 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

41E+W+N.I.Section 34(1)(g) of the Criminal Justice and Police Act 2001 (c. 16) (meaning of “drug trafficking offence”).

Commencement Information

I161Sch. 6 para. 41 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

42E+W+N.I.Sections 55(1)(b) and 62(1)(b) of the International Criminal Court Act 2001 (c. 17) (meaning of “ancillary offence”).

Commencement Information

I162Sch. 6 para. 42 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

43E+W+N.I.Section 53(2) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (Revenue and Customs prosecutions).

Commencement Information

I163Sch. 6 para. 43 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

44E+W+N.I.In the Proceeds of Crime Act 2002 (c. 29)—

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

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

(c)section 447(9)(b) (interpretation of Part 11: national and international co-operation);

(d)section 451(6)(c) (Revenue and Customs prosecutions).

Commencement Information

I164Sch. 6 para. 44 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

45E+W+N.I.Section 4 of the Dealing in Cultural Objects (Offences) Act 2003 (c. 27) (Revenue and Customs prosecutions).

Commencement Information

I165Sch. 6 para. 45 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

46E+W+N.I.Section 142(7)(a) of the Extradition Act 2003 (c. 41) (extradition from category 1 territory to the United Kingdom).

Commencement Information

I166Sch. 6 para. 46 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

47E+W+N.I.Paragraph 3(a) of Schedule 2 to the Sexual Offences Act 2003 (c. 42) (sexual offences to which section 72 of that Act applies).

Commencement Information

I167Sch. 6 para. 47 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

48E+W+N.I.In the Criminal Justice Act 2003 (c. 44)—

(a)in Schedule 15 (specified violent and sexual offences for the purposes of Chapter 5 of Part 12 of that Act), paragraphs 64(a) and 153(a);

(b)in Schedule 17 (Northern Ireland violent and sexual offences specified for the purposes of section 229(4) of that Act), paragraphs 61(a) and 110(a).

Commencement Information

I168Sch. 6 para. 48 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

49E+W+N.I.Paragraph 3(i)(i) of the Schedule to the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (S.I. 2003/417 (N.I.4)) (meaning of “offence against a child”).

Commencement Information

I169Sch. 6 para. 49 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

50E+W+N.I.Section 14 of the Gangmasters (Licensing) Act 2004 (c. 11) (enforcement officer's power of arrest).

Commencement Information

I170Sch. 6 para. 50 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

51E+W+N.I.Section 76(3)(p) of the Serious Organised Crime and Police Act 2005 (c. 15) (offences giving rise to financial reporting order).

Commencement Information

I171Sch. 6 para. 51 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

52E+W+N.I.In the Terrorism Act 2006 (c. 11)—

(a)section 17(2)(f) (commission of offences abroad);

(b)paragraph 12(b) of Schedule 1 (Convention offences).

Commencement Information

I172Sch. 6 para. 52 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Part 2 U.K.Other minor and consequential amendments

Misuse of Drugs Act 1971 (c. 38)U.K.

53U.K.In section 19 of the Misuse of Drugs Act 1971 for “such an offence” substitute “ an offence under any other provision of this Act ”.

Commencement Information

I173Sch. 6 para. 53 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Criminal Law Act 1977 (c. 45)U.K.

54U.K.In section 5 of the Criminal Law Act 1977 (effects of creation of statutory offence of conspiracy) omit subsection (7).

Commencement Information

I174Sch. 6 para. 54 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Magistrates' Courts Act 1980 (c. 43)U.K.

55(1)The Magistrates' Courts Act 1980 is amended as follows.U.K.

(2)In section 32(1) (penalties for offences triable either way as a result of Schedule 1 to that Act) omit paragraph (b).

(3)Omit section 45.

(4)In Schedule 1 (offences triable either way) omit paragraph 35.

Commencement Information

I175Sch. 6 para. 55 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26))U.K.

56U.K.Omit Article 60(1) of the Magistrates' Courts (Northern Ireland) Order 1981.

Commencement Information

I176Sch. 6 para. 56 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

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

57U.K.In Article 13 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (effects of creation of statutory offence of conspiracy) omit paragraph (8).

Commencement Information

I177Sch. 6 para. 57 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Public Order Act 1986 (c. 64)U.K.

58(1)The Public Order Act 1986 is amended as follows.U.K.

(2)In each of the provisions mentioned in sub-paragraph (3) omit the words from “notwithstanding” to the end.

(3)The provisions are—

(a)section 12(10);

(b)section 13(13);

(c)section 14(10);

(d)section 14B(7).

Commencement Information

I178Sch. 6 para. 58 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Computer Misuse Act 1990 (c. 18)U.K.

59(1)The Computer Misuse Act 1990 is amended as follows.U.K.

(2)In section 6 (incitement) omit subsection (3).

(3)In section 7 (territorial scope of inchoate offences related to offences under external law corresponding to offences under the Act) omit subsection (4).

(4)In section 8(3) (relevance of external law) omit “or by virtue of section 7(4) above”.

(5)In section 9(2) (offences in relation to which British citizenship is immaterial) omit paragraph (d).

(6)In section 16(4) (application to Northern Ireland) omit the words from “and any reference” to the end.

Commencement Information

I179Sch. 6 para. 59 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)U.K.

60U.K.In section 2(3) of the Sexual Offences (Conspiracy and Incitement) Act 1996 for “of incitement” substitute “ done ”.

Commencement Information

I180Sch. 6 para. 60 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

International Criminal Court Act 2001 (c. 17)U.K.

61(1)The International Criminal Court Act 2001 is amended as follows.U.K.

(2)In section 55 (meaning of ancillary offence: England and Wales) omit subsection (3).

(3)In section 62 (meaning of ancillary offence: Northern Ireland) omit subsection (3).

Commencement Information

I181Sch. 6 para. 61 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Proceeds of Crime Act 2002 (c. 29)U.K.

62U.K.After sub-paragraph (1) in each of paragraph 10 of Schedule 2 to the Proceeds of Crime Act 2002 and paragraph 10 of Schedule 5 to that Act (inchoate offences which are lifestyle offences) insert the following sub-paragraph—

“(1A)An offence under section 44 of the Serious Crime Act 2007 of doing an act capable of encouraging or assisting the commission of an offence specified in this Schedule.”

Commencement Information

I182Sch. 6 para. 62 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Sexual Offences Act 2003 (c. 42)U.K.

63(1)The Sexual Offences Act 2003 is amended as follows.U.K.

(2)In Schedule 3 (sexual offences for the purposes of Part 2 of that Act), after paragraph 94, insert—

“94AA reference in a preceding paragraph to an offence (“offence A”) includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed.”

(3)In Schedule 5 (other offences which are relevant for the purposes of Part 2 of the Act), after paragraph 173, insert—

“173AA reference in a preceding paragraph to an offence (“offence A”) includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed.”

Commencement Information

I183Sch. 6 para. 63 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

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

64(1)The Serious Organised Crime and Police Act 2005 is amended as follows.U.K.

(2)In section 136 (penalties in relation to demonstrations in the vicinity of Parliament) for subsection (4) substitute—

“(4)A person who is guilty of an offence under section 44 or 45 of the Serious Crime Act 2007 in relation to which an offence mentioned in subsection (1), (2) or (3) is the anticipated offence (as defined by section 47(9) of that Act) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 4 on the standard scale or to both.

(4A)If a person is guilty of an offence under section 46 of that Act by reference to an offence mentioned in subsection (1), (2) or (3), the maximum term of imprisonment applicable for the purposes of section 58(6) of that Act to the offence so mentioned is a term not exceeding 51 weeks.”

(3)In section 175(3) (transitional modification of penalties for summary offences in England and Wales) in the table, for the entry relating to section 136(4) substitute—

“section 136(4)	3 months
section 136(4A)	3 months”.

Commencement Information

I184Sch. 6 para. 64 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Section 73

SCHEDULE 7E+W+N.I.Data matching

Part 1 E+WData matching: England

1E+WThe Audit Commission Act 1998 (c. 18) is amended as follows.

Commencement Information

I185Sch. 7 para. 1 in force at 1.3.2008 for specified purposes by S.I. 2008/219, art. 3(h)

I186Sch. 7 para. 1 in force at 6.4.2008 in so far as not already in force by S.I. 2008/755, art. 16(a)

2E+WAfter Part 2 insert—

“Part 2A E+WData matching

32APower to conduct data matching exercises

(1)The Commission may conduct data matching exercises or arrange for them to be conducted on its behalf.

(2)A data matching exercise is an exercise involving the comparison of sets of data to determine how far they match (including the identification of any patterns and trends).

(3)The power in subsection (1) is exercisable for the purpose of assisting in the prevention and detection of fraud.

(4)That assistance may, but need not, form part of an audit.

(5)A data matching exercise may not be used to identify patterns and trends in an individual's characteristics or behaviour which suggest nothing more than his potential to commit fraud in the future.

(6)In the following provisions of this Part, reference to a data matching exercise is to an exercise conducted or arranged to be conducted under this section.

32BMandatory provision of data

(1)The Commission may require—

(a)any body mentioned in subsection (2), and

(b)any officer or member of such a body,

to provide the Commission or a person acting on its behalf with such data (and in such form) as the Commission or that person may reasonably require for the purpose of conducting data matching exercises.

(2)The bodies are—

(a)a body subject to audit,

(b)an English best value authority which is not a body subject to audit.

(3)A person who without reasonable excuse fails to comply with a requirement of the Commission under subsection (1)(b) is guilty of an offence and liable on summary conviction—

(a)to a fine not exceeding level 3 on the standard scale, and

(b)to an additional fine not exceeding £20 for each day on which the offence continues after conviction for that offence.

(4)Any expenses incurred by the Commission in connection with proceedings for an offence under subsection (3) alleged to have been committed by an officer or member of a body, so far as not recovered from any other source, are recoverable from that body.

(5)“English best value authority” means a best value authority other than—

(a)a county council, county borough council or community council in Wales,

(b)a National Park authority for a National Park in Wales,

(c)a police authority for a police area in Wales,

(d)a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to which section 4 of that Act applies.

32CVoluntary provision of data

(1)If the Commission thinks it appropriate to conduct a data matching exercise using data held by or on behalf of a body or person not subject to section 32B, the data may be disclosed to the Commission or a person acting on its behalf.

(2)A disclosure under subsection (1) does not breach—

(a)any obligation of confidence owed by a person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(3)But nothing in this section authorises a disclosure which—

(a)contravenes the Data Protection Act 1998 (c. 29), or

(b)is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).

(4)Data may not be disclosed under subsection (1) if the data comprise or include patient data.

(5)“Patient data” means data relating to an individual which are held for medical purposes (within the meaning of section 251 of the National Health Service Act 2006 (c. 41)) and from which the individual can be identified.

(6)This section does not limit the circumstances in which data may be disclosed apart from this section.

(7)Data matching exercises may include data provided by a body or person outside England and Wales.

32DDisclosure of results of data matching etc

(1)This section applies to the following information—

(a)information relating to a particular body or person obtained by or on behalf of the Commission for the purpose of conducting a data matching exercise,

(b)the results of any such exercise.

(2)Information to which this section applies may be disclosed by or on behalf of the Commission if the disclosure is—

(a)for or in connection with a purpose for which the data matching exercise is conducted,

(b)to a body mentioned in subsection (3) (or a related party) for or in connection with a function of that body corresponding or similar to the functions of an auditor under Part 2 or the functions of the Commission under this Part, or

(c)in pursuance of a duty imposed by or under a statutory provision.

(3)The bodies are—

(a)the Auditor General for Wales,

(b)the Auditor General for Scotland,

(c)the Accounts Commission for Scotland,

(d)Audit Scotland,

(e)the Comptroller and Auditor General for Northern Ireland,

(f)a person designated as a local government auditor under Article 4 of the Local Government (Northern Ireland) Order 2005 (S.I. 2005/1968 (N.I.18)).

(4)“Related party”, in relation to a body mentioned in subsection (3), means—

(a)a body or person acting on its behalf,

(b)a body whose accounts are required to be audited by it or by a person appointed by it,

(c)a person appointed by it to audit those accounts.

(5)If the data used for a data matching exercise include patient data—

(a)subsection (2)(a) applies only so far as the purpose for which the disclosure is made relates to a relevant NHS body,

(b)subsection (2)(b) applies only so far as the function for or in connection with which the disclosure is made relates to such a body.

(6)In subsection (5)—

(a)“patient data” has the same meaning as in section 32C,

(b)“relevant NHS body” means—

(i)a health service body,

(ii)a Welsh NHS body,

(iii)an NHS body as defined in section 22(1) of the Community Care and Health (Scotland) Act 2002 (asp 5),

(iv)a body to which Article 90 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)) applies.

(7)Information disclosed under subsection (2) may not be further disclosed except—

(a)for or in connection with the purpose for which it was disclosed under paragraph (a) or the function for which it was disclosed under paragraph (b) of that subsection,

(b)for the investigation or prosecution of an offence (so far as the disclosure does not fall within paragraph (a)), or

(c)in pursuance of a duty imposed by or under a statutory provision.

(8)Except as authorised by subsections (2) and (7), a person who discloses information to which this section applies is guilty of an offence and liable—

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

(b)on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both.

(9)Section 49 does not apply to information to which this section applies.

(10)In this section, “body” includes office.

32EPublication

(1)Nothing in section 32D prevents the Commission from publishing a report on a data matching exercise (including on the results of the exercise).

(2)But the report may not include information relating to a particular body or person if—

(a)the body or person is the subject of any data included in the data matching exercise,

(b)the body or person can be identified from the information, and

(c)the information is not otherwise in the public domain.

(3)A report published under this section may be published in such manner as the Commission considers appropriate for bringing it to the attention of those members of the public who may be interested.

(4)Section 51 does not apply to information to which section 32D applies.

(5)This section does not affect any powers of an auditor where the data matching exercise in question forms part of an audit under Part 2.

32FFees for data matching

(1)The Commission must prescribe a scale or scales of fees in respect of data matching exercises.

(2)A body required under section 32B(1) to provide data for a data matching exercise must pay to the Commission the fee applicable to that exercise in accordance with the appropriate scale.

(3)But if it appears to the Commission that the work involved in the exercise was substantially more or less than that envisaged by the appropriate scale, the Commission may charge the body a fee which is larger or smaller than that referred to in subsection (2).

(4)Before prescribing a scale of fees under this section, the Commission must consult—

(a)the bodies mentioned in section 32B(2), and

(b)such other bodies or persons as the Commission thinks fit.

(5)If the Secretary of State considers it necessary or desirable to do so, he may by regulations prescribe a scale or scales of fees to have effect, for such period as is specified in the regulations, in place of any scale or scales of fees prescribed by the Commission and, if he does so, references in this section to the appropriate scale are to be read as respects that period as references to the appropriate scale prescribed by the Secretary of State.

(6)Before making any regulations under subsection (5), the Secretary of State must consult—

(a)the Commission, and

(b)such other bodies or persons as he thinks fit.

(7)In addition to the power under subsection (2), the Commission may charge a fee to any other body or person providing data for or receiving the results of a data matching exercise, such fee to be payable in accordance with terms agreed between the Commission and that body or person.

32GCode of data matching practice

(1)The Commission must prepare, and keep under review, a code of practice with respect to data matching exercises.

(2)Regard must be had to the code in conducting and participating in any such exercise.

(3)Before preparing or altering the code, the Commission must consult the bodies mentioned in section 32B(2), the Information Commissioner and such other bodies or persons as the Commission thinks fit.

(4)The Commission must—

(a)send a copy of the code, and of any alterations made to the code, to the Secretary of State, who must lay the copy before Parliament, and

(b)from time to time publish the code as for the time being in force.

32HPowers of Secretary of State

(1)The Secretary of State may by order amend this Part—

(a)to add any purpose mentioned in subsection (2) to the purposes for which data matching exercises may be conducted,

(b)to modify the application of this Part in relation to a purpose so added.

(2)The purposes which may be added are—

(a)to assist in the prevention and detection of crime (other than fraud),

(b)to assist in the apprehension and prosecution of offenders,

(c)to assist in the recovery of debt owing to public bodies.

(3)The Secretary of State may by order amend this Part—

(a)to add a public body to the list of bodies in section 32B(2),

(b)to modify the application of this Part in relation to a body so added,

(c)to remove a body from that list.

(4)An order under this section may include such incidental, consequential, supplemental or transitional provision as the Secretary of State thinks fit.

(5)In this section, “public body” means a body or person whose functions—

(a)are functions of a public nature, or

(b)include functions of that nature,

but, in the latter case, the body or person is a public body to the extent only of those functions.”

Commencement Information

I187Sch. 7 para. 2 in force at 1.3.2008 for specified purposes by S.I. 2008/219, art. 3(h)

I188Sch. 7 para. 2 in force at 6.4.2008 in so far as not already in force by S.I. 2008/755, art. 16(a)

3E+WIn section 52 (orders and regulations), after subsection (1) insert—

“(1A)No order shall be made under section 32H unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.”

Commencement Information

I189Sch. 7 para. 3 in force at 6.4.2008 by S.I. 2008/755, art. 16(a)

Part 2 E+WData matching: Wales

4E+WAfter Part 3 of the Public Audit (Wales) Act 2004 (c. 23) insert—

“Part 3A E+WData matching

64APower to conduct data matching exercises

(1)The Auditor General for Wales may conduct data matching exercises or arrange for them to be conducted on his behalf.

(2)A data matching exercise is an exercise involving the comparison of sets of data to determine how far they match (including the identification of any patterns and trends).

(3)The power in subsection (1) is exercisable for the purpose of assisting in the prevention and detection of fraud in or with respect to Wales.

(4)That assistance may, but need not, form part of an audit.

(6)In the following provisions of this Part, reference to a data matching exercise is to an exercise conducted or arranged to be conducted under this section.

64BMandatory provision of data

(1)The Auditor General for Wales may require—

(a)any body mentioned in subsection (2), and

(b)any officer or member of such a body,

to provide the Auditor General or a person acting on his behalf with such data (and in such form) as the Auditor General or that person may reasonably require for the purpose of conducting data matching exercises.

(2)The bodies are—

(a)a local government body in Wales (as defined in section 12(1));

(b)a Welsh NHS body (as defined in section 60).

(3)A person who without reasonable excuse fails to comply with a requirement of the Auditor General under subsection (1)(b) is guilty of an offence and liable on summary conviction—

(a)to a fine not exceeding level 3 on the standard scale, and

(b)to an additional fine not exceeding £20 for each day on which the offence continues after conviction for that offence.

(4)If an officer or member of a body is convicted of an offence under subsection (3), any expenses incurred by the Auditor General in connection with proceedings for the offence, so far as not recovered from any other source, are recoverable from that body.

64CVoluntary provision of data

(1)If the Auditor General for Wales thinks it appropriate to conduct a data matching exercise using data held by or on behalf of a body or person not subject to section 64B, the data may be disclosed to the Auditor General or a person acting on his behalf.

(2)A disclosure under subsection (1) does not breach—

(a)any obligation of confidence owed by a person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(3)But nothing in this section authorises a disclosure which—

(a)contravenes the Data Protection Act 1998 (c. 29), or

(b)is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).

(4)Data may not be disclosed under subsection (1) if the data comprise or include patient data.

(6)This section does not limit the circumstances in which data may be disclosed apart from this section.

(7)Data matching exercises may include data provided by a body or person outside England and Wales.

64DDisclosure of results of data matching etc

(1)This section applies to the following information—

(a)information relating to a particular body or person obtained by or on behalf of the Auditor General for Wales for the purpose of conducting a data matching exercise,

(b)the results of any such exercise.

(2)Information to which this section applies may be disclosed by or on behalf of the Auditor General for Wales if the disclosure is—

(a)for or in connection with a purpose for which the data matching exercise is conducted,

(b)to a body mentioned in subsection (3) (or a related party) for or in connection with a function of that body corresponding or similar to the functions of an auditor under Chapter 1 of Part 2 or the functions of the Auditor General under Part 3 or this Part, or

(c)in pursuance of a duty imposed by or under a statutory provision.

(3)The bodies are—

(a)the Audit Commission,

(b)the Auditor General for Scotland,

(c)the Accounts Commission for Scotland,

(d)Audit Scotland,

(e)the Comptroller and Auditor General for Northern Ireland,

(f)a person designated as a local government auditor under Article 4 of the Local Government (Northern Ireland) Order 2005 (S.I. 2005/1968 (N.I.18)).

(4)“Related party”, in relation to a body mentioned in subsection (3), means—

(a)a body or person acting on its behalf,

(b)a body whose accounts are required to be audited by it or by a person appointed by it,

(c)a person appointed by it to audit those accounts.

(5)If the data used for a data matching exercise include patient data—

(a)subsection (2)(a) applies only so far as the purpose for which the disclosure is made relates to a relevant NHS body,

(b)subsection (2)(b) applies only so far as the function for or in connection with which the disclosure is made relates to such a body.

(6)In subsection (5)—

(a)“patient data” has the same meaning as in section 64C,

(b)“relevant NHS body” means—

(i)a Welsh NHS body as defined in section 60,

(ii)a health service body as defined in section 53(1) of the Audit Commission Act 1998 (c. 18),