Criminal Justice Act 1993

5 Conspiracy, attempt and incitement

(1) The following section shall be inserted in the [1977 c. 45.] Criminal Law Act 1977, after section 1—

“1A Extended jurisdiction over certain conspiracies

(1) This Part of this Act has effect in relation to an agreement which falls within this section as it has effect in relation to one which falls within section 1(1) above.

(2) An agreement falls within this section if—

(a) a party to it, or a party’s agent, did anything in England and Wales in relation to it before its formation, or

(b) a party to it became a party in England and Wales (by joining it either in person or through an agent), or

(c) a party to it, or a party’s agent, did or omitted anything in England and Wales in pursuance of it,

and the agreement would fall within section 1(1) above as an agreement relating to the commission of a Group A offence but for that offence, if committed in accordance with the parties' intentions, not being an offence triable in England and Wales.

(3) In subsection (2) above “Group A offence” has the same meaning as in Part I of the Criminal Justice Act 1993.

(4) Subsection (1) above is subject to the provisions of section 6 of the Act of 1993 (relevance of external law).

(5) An offence which is an offence of conspiracy, by virtue of this section, shall be treated for all purposes as an offence of conspiracy to commit the relevant Group A offence.”.

(2) The following section shall be inserted in the [1981 c. 47.] Criminal Attempts Act 1981, after section 1—

“1A Extended jurisdiction in relation to certain attempts

(1) If this section applies to an act, what the person doing the act had in view shall be treated as an offence to which section 1(1) above applies.

(2) This section applies to an act if—

(a) it is done in England and Wales, and

(b) it would fall within section 1(1) above as more than merely preparatory to the commission of a Group A offence but for the fact that that offence, if completed, would not be an offence triable in England and Wales.

(3) In this section “Group A offence” has the same meaning as in Part 1 of the Criminal Justice Act 1993.

(4) Subsection (1) above is subject to the provisions of section 6 of the Act of 1993 (relevance of external law).

(5) Where a person does any act to which this section applies, the offence which he commits shall for all purposes be treated as the offence of attempting to commit the relevant Group A offence.”.

(3) A person may be guilty of conspiracy to defraud if—

(a) a party to the agreement constituting the conspiracy, or a party’s agent, did anything in England and Wales in relation to the agreement before its formation, or

(b) a party to it became a party in England and Wales (by joining it either in person or through an agent), or

(c) a party to it, or a party’s agent, did or omitted anything in England and Wales in pursuance of it,

and the conspiracy would be triable in England and Wales but for the fraud which the parties to it had in view not being intended to take place in England and Wales.

(4) A person may be guilty of incitement to commit a Group A offence if the incitement—

(a) takes place in England and Wales; and

(b) would be triable in England and Wales but for what the person charged had in view not being an offence triable in England and Wales.

(5) Subsections (3) and (4) are subject to section 6.