Serious Crime Act 2007 (c. 27)

(The document as of February, 2008)

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28 In Schedule 1 (surveillance authorisation: relevant authorities) for paragraphs 7 and 8 substitute--

" Revenue and Customs

7 Her Majesty's Revenue and Customs. "

29 (1) In paragraphs 2(3) and (5), 4(2) and 5(3)(b) of Schedule 2 (encrypted data: disclosure: permission) for "customs and excise" or "the customs and excise" (in each place) substitute "Her Majesty's Revenue and Customs".

(2) In paragraph 6(4) of that Schedule--

(a) for "A person commissioned by the Commissioners of Customs and Excise" substitute "An officer of Revenue and Customs";

(b) for "those Commissioners themselves" substitute "the Commissioners for Her Majesty's Revenue and Customs";

(d) for "they" substitute "the Commissioners".

Commissioners for Revenue and Customs Act 2005 (c. 11)

30 The following paragraphs of Schedule 2 to the Commissioners for Revenue and Customs Act 2005 (which restrict the class of functions in connection with which certain powers may be used) shall cease to have effect--

(a) paragraph 1 (Wireless Telegraphy Act 2006 (c. 36), s. 48); and

(b) paragraph 11 (Regulation of Investigatory Powers Act 2000 (c. 23), ss. 6(2)(h), 32(6)(m), 49(1)(e) and 54 and Sched. 2, paras. 2(3) and 4(2)).

31 Nothing in section 6 or 7 of the Commissioners for Revenue and Customs Act 2005 (initial functions) restricts the functions in connection with which Her Majesty's Revenue and Customs may exercise a power under an enactment amended by this Schedule.

Section 91(1)

SCHEDULE 13 Transitional and transitory provisions and savings

Serious crime prevention orders

1 In deciding for the purposes of paragraph (a) of section 1(1) or (2) whether a person has been involved in serious crime, the court may take account of conduct before the coming into force of that provision as well as conduct after the coming into force of that provision.

2 (1) Section 19, 20 or 21 does not apply to a person who is being dealt with on or after the coming into force of the section in relation to an offence of which the person was convicted before the coming into force of the section.

(2) Sub-paragraph (1) does not prevent an application to the High Court for a serious crime prevention order in connection with the offence concerned.

3 In the application of section 23(2) or 24(5) before the commencement of paragraph 1(1) of Part 1 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4) (citation of acts and rules), the reference to the Senior Courts Act 1981 (c. 54) is to be read as a reference to the Supreme Court Act 1981 (c. 54).

4 In the application of section 25(2)(a)--

(a) in England and Wales, in relation to an offence committed before the commencement of section 282(1) of the Criminal Justice Act 2003 (c. 44) (increase in sentencing powers of magistrates' court from 6 to 12 months for certain offences triable either way); and

(b) in Scotland, until the commencement of section 45(1) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) (increase in sentencing powers from 6 to 12 months);

the reference to 12 months is to be read as a reference to 6 months.

Encouraging or assisting crime

5 (1) Nothing in any provision of Part 2 affects the operation of--

(a) any rule of the common law; or

(b) any provision made by or under an Act or Northern Ireland legislation;

in relation to offences committed wholly or partly before the commencement of the provision in Part 2 concerned.

(2) For the purposes of sub-paragraph (1), an offence is partly committed before commencement if--

(a) a relevant event occurs before commencement; and

(b) another relevant event occurs on or after commencement.

(3) In this paragraph "relevant event", in relation to an offence, means any act or other event (including any consequence of an act) proof of which is required for conviction of the offence.

6 (1) This paragraph applies where, in any proceedings--

(a) a person ("D") is charged in respect of the same act both with an offence under section 44 and with the common law offence of inciting the commission of another offence;

(b) the only thing preventing D from being found guilty of the offence under section 44 is the fact that it has not been proved beyond reasonable doubt that the time when the act took place was after the coming into force of that section; and

(c) the only thing preventing D from being found guilty of the common law offence is that it has not been proved beyond reasonable doubt that that time was before the coming into force of section 59.

(2) For the purpose of determining D's guilt it shall be conclusively presumed that the time when the act took place was before the coming into force of section 44.

7 In relation to any time before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), the reference in section 53(b) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.

Data-sharing

8 In the application of section 70(1)(a)--

(a) in England and Wales, in relation to an offence committed before the commencement of section 282(1) of the Criminal Justice Act 2003 (increase in sentencing powers of magistrates' court from 6 to 12 months for certain offences triable either way); and

(b) in Scotland, until the commencement of section 45(1) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) (increase in sentencing powers from 6 to 12 months);

the reference to 12 months is to be read as a reference to 6 months.

Data matching

9 In relation to an offence committed before the commencement of section 282(1) of the Criminal Justice Act 2003 (c. 44) (increase in sentencing powers of magistrates' court from 6 to 12 months for certain offences triable either way), the reference to 12 months in each of the following provisions is to be read as a reference to 6 months--

(a) section 32D(8)(b) of the Audit Commission Act 1998 (c. 18) (as inserted by paragraph 2 of Schedule 7 to this Act);

(b) section 64D(8)(b) of the Public Audit (Wales) Act 2004 (c. 23) (as inserted by paragraph 4 of that Schedule).

Section 92

SCHEDULE 14 Repeals and revocations

Title	Extent of repeal or revocation
Parliamentary Commissioner Act 1967 (c. 13)	In Schedule 2-- (a) the entry for "The Director of the Assets Recovery Agency."; (b) the paragraph in the Notes headed "Assets Recovery Agency".
Criminal Appeal Act 1968 (c. 19)	Section 33(1A). In section 51(1A), the words ", subject to section 33(1A) of this Act,".
Criminal Law Act 1977 (c. 45)	Section 5(7).
Magistrates' Courts Act 1980 (c. 43)	Section 32(1)(b). Section 45. In Schedule 1, paragraph 35.
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)	In section 31-- (a) subsection (1A); (b) in subsection (3), the words ", subject to subsection (1A) above,".
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I.8))	In paragraph 2A(1)(a) of Part 1 of Schedule 1, the words "or 204(3)".
Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26))	Article 60(1).
Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13))	Article 13(8).
Bankruptcy (Scotland) Act 1985 (c. 66)	In section 31A(1)(b), the word "52,".
Insolvency Act 1986 (c. 45)	In section 306A(1)(b), the word "52,".
Public Order Act 1986 (c. 64)	In section 12(10), the words from "notwithstanding" to the end. In section 13(13), the words from "notwithstanding" to the end. In section 14(10), the words from "notwithstanding" to the end. In section 14B(7), the words from "notwithstanding" to the end.
Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19))	In Article 279A(1)(b), the word "52,".
Computer Misuse Act 1990 (c. 18)	Section 6(3). Section 7(4). In section 8(3), the words "or by virtue of section 7(4) above". Section 9(2)(d). In section 16(4), the words from "and any reference" to the end.
Police Act 1996 (c. 16)	In section 97-- (a) subsection (1)(ce); (b) in subsections (6)(a) and (8), the word "(ce),".
Police Act 1997 (c. 50)	In section 108(1), the definition of "customs officer".
Police (Northern Ireland) Act 1998 (c. 32)	In section 27-- (a) subsection (1)(ca); (b) in subsection (5)(b), the word "(ca),"; (c) in subsection (7), the word "(ca),".
Access to Justice Act 1999 (c. 22)	In paragraph 3(1)(b) of Schedule 2, the words "or 56(3)".
Regulation of Investigatory Powers Act 2000 (c. 23)	In section 56(1), the definition of "the customs and excise". In section 81(1), the definition of "customs officer".
International Criminal Court Act 2001 (c. 17)	Section 55(3). Section 62(3).
Proceeds of Crime Act 2002 (c. 29)	Sections 1 and 2. Section 3(6) and (8). Sections 4 and 5. In section 6(3)(a), the words "or the Director". In section 11(7), paragraph (b) and the word "or" before it. In section 14(7)(b), the words "or the Director (as the case may be)". In section 16-- (a) in subsection (1), the words "or the Director (as the case may be)"; (b) in subsection (3), the words "or the Director (as the case may be)" and "or the Director"; (c) in subsection (4), the words "or Director"; (d) in subsection (5), the words "or the Director (as the case may be)" and "or the Director"; (e) in subsection (6), the words "or the Director". In section 17(1), the words "or the Director". In section 18(6), the words "or the Director (as the case may be)". In section 19(1)(c), the words "or the Director". In section 20-- (a) subsection (3); (b) in subsection (4), the words from "If the court" to "to do so," and, in paragraph (b), the words "or the Director". In section 21(1)(b), (c) and (d), the words "or the Director". In section 22(2), paragraph (b) and, in paragraph (c), the words "or 52". In section 23(1)(b), the words "or 52". In section 26-- (a) in subsection (1)(b), the words "or the Director"; (b) in subsection (2), in paragraph (a), the words "or the Director (as the case may be)" and, in paragraph (b), the words "or the Director". In section 27-- (a) in subsection (3)(a), the words "or the Director"; (b) in subsection (5)(b), the words "or the Director (as the case may be)"; (c) in subsection (7), the words "or the Director". In section 28-- (a) in subsection (3)(a), the words "or the Director"; (b) in subsection (5)(b), the words "or the Director (as the case may be)". In section 31-- (a) in the heading, the words "or Director"; (b) in subsections (1) and (2), the words "or the Director". In section 33(2)-- (a) in paragraph (a), the words "(if the prosecutor appealed under section 31)"; (b) paragraph (b). Section 34. In section 35(1), paragraph (b) and the word "and" before it. Sections 36 and 37. Section 39(6). In section 40-- (a) in subsections (4)(a), (5)(a) and (6)(a), the words "or the Director"; (b) in subsection (8)(b), the words "or the Director (as the case may be)". Section 42(2)(b). Sections 52 and 53. Sections 56 and 57. Section 60. In section 63(1)(b), the words from "or", where it first appears, to "Director". In section 64-- (a) in subsection (1)(b), the words from "or" to "section 52"; (b) subsection (3). In section 65-- (a) in subsections (1) and (2), the words "or section 53"; (b) in subsection (5)(a), the words from "or", where it first appears, to "Director". Section 67(4)(c). In section 74(1)-- (a) in paragraph (b), the words "or the Director"; (b) in paragraph (c), the words "or the Director (as the case may be)". In section 156(3)(a), the words "or the Director". In section 161(7), paragraph (b) and the word "or" before it. In section 164(7)(b), the words "or the Director (as the case may be)". In section 166-- (a) in subsection (1), the words "or the Director (as the case may be)"; (b) in subsection (3), the words "or the Director (as the case may be)" and "or the Director"; (c) in subsection (4), the words "or Director"; (d) in subsection (5), the words "or the Director (as the case may be)" and "or the Director"; (e) in subsection (6), the words "or the Director". In section 167(1), the words "or the Director". In section 168(6), the words "or the Director (as the case may be)". In section 169(1)(c), the words "or the Director". In section 170-- (a) subsection (3); (b) in subsection (4), the words from "If the court" to "to do so," and, in paragraph (b), the words "or the Director". In section 171(1)(b), (c) and (d), the words "or the Director". In section 172(2), paragraph (b) and, in paragraph (c), the words "or 200". In section 173(1)(b), the words "or 200". In section 176-- (a) in subsection (1)(b), the words "or the Director"; (b) in subsection (2), in paragraph (a), the words "or the Director (as the case may be)" and, in paragraph (b), the words "or the Director". In section 177-- (a) in subsection (3)(a), the words "or the Director"; (b) in subsection (5)(b), the words "or the Director (as the case may be)"; (c) in subsection (7), the words "or the Director". In section 178-- (a) in subsection (3)(a), the words "or the Director"; (b) in subsection (5)(b), the words "or the Director (as the case may be)". In section 181-- (a) in the heading, the words "or Director"; (b) in subsections (1) and (2), the words "or the Director". In section 183(2)-- (a) in paragraph (a), the words "(if the prosecutor appealed under section 181)";paragraph (b). Section 184. Section 186. Section 188(6). In section 189-- (a) in subsections (4)(a), (5)(a) and (6)(a), the words "or the Director"; (b) in subsection (8)(b), the words "or the Director (as the case may be)". Section 191(2)(b). Sections 200 and 201. Sections 204 and 205. Section 208. Pages: P.1 \| P.2 \| P.3 \| P.4 \| P.5 \| P.6 \| P.7 \| P.8 \| P.9 \| P.10 \| P.11 \| P.12 \| P.13 \| P.14 \| P.15 -- Back -- Stat	Other