Part 1Serious Crime Prevention Orders
General
I14Involvement in serious crime: supplementary
1
In considering for the purposes of this Part whether a person has committed a serious offence—
a
the court must decide that the person has committed the offence if—
i
he has been convicted of the offence; and
ii
the conviction has not been quashed on appeal nor has the person been pardoned of the offence; but
b
the court must not otherwise decide that the person has committed the offence.
2
In deciding for the purposes of this Part whether a person (“the respondent”) facilitates the commission by another person of a serious offence, the court must ignore—
a
any act that the respondent can show to be reasonable in the circumstances; and
b
subject to this, his intentions, or any other aspect of his mental state, at the time.
3
In deciding for the purposes of this Part whether a person (“the respondent”) conducts himself in a way that is likely to facilitate the commission by himself or another person of a serious offence (whether or not such an offence is committed), the court must ignore—
a
any act that the respondent can show to be reasonable in the circumstances; and
b
subject to this, his intentions, or any other aspect of his mental state, at the time.
4
The Secretary of State may by order amend F2Part 1 of Schedule 1.
F15
The Department of Justice in Northern Ireland may by order amend Part 2 of Schedule 1.