4Involvement in serious crime: supplementaryE+W+N.I.
(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 [F1Part 1 of] Schedule 1.
[F2(5)The Department of Justice in Northern Ireland may by order amend Part 2 of Schedule 1.]
Textual Amendments
F1Words in s. 4(4) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 2(2) (with arts. 28-31)
F2S. 4(5) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 2(3) (with arts. 28-31)
Commencement Information
I1S. 4 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)