Serious Crime Act 2007 (c. 27)

(The document as of February, 2008)

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(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.

Corruption and bribery

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

(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.

Counterfeiting

26 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);

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

Blackmail

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

(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.).

Intellectual property

28 (1) An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)--

(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);

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

Environment

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).

(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).

(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).

Inchoate offences

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

(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.

Earlier offences

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.

(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.

Scope of offences

32 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.

Section 37

SCHEDULE 2 Functions of applicant authorities under Part 1

Director of Public Prosecutions

1 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).

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.

(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.

3 The functions of the Director under this Part are exercisable under the superintendence of the Attorney General.

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--

(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.

5 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.

Director of Revenue and Customs Prosecutions

6 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).

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.

(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.

8 The functions of the Director under this Part are exercisable under the superintendence of the Attorney General.

9 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.

10 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.

11 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.

Director of Serious Fraud Office

12 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).

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).

(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.

14 The functions of the Director under this Part are exercisable under the superintendence of the Attorney General.

15 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.

Director of Public Prosecutions for Northern Ireland

16 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).

17 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.

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--

(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.

19 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.

20 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.

Interpretation

21 In this Schedule references to having the conduct of proceedings include references to starting or discontinuing proceedings.

Section 49(5)

SCHEDULE 3 Listed Offences

Part 1 Offences common to England and Wales and Northern Ireland

Offences against the Person Act 1861 (c. 100)

1 An offence under section 4 of the Offences against the Person Act 1861 (solicitation etc. of murder).

2 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.

3 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.

4 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.

Aliens Restriction (Amendment) Act 1919 (c. 92)

5 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.

6 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.

Official Secrets Act 1920 (c. 75)

7 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)).

Incitement to Disaffection Act 1934 (c. 56)

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

Misuse of Drugs Act 1971 (c. 38)

9 An offence under section 19 of the Misuse of Drugs Act 1971 (inciting any other offence under that Act).

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

Immigration Act 1971 (c. 77)

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

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

Representation of the People Act 1983 (c. 2)

13 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.

Computer Misuse Act 1990 (c. 18)

14 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).

15 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).

16 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).

Criminal Justice Act 1993 (c. 36)

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

Reserve Forces Act 1996 (c. 14)

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

Landmines Act 1998 (c. 33)

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

Terrorism Act 2006 (c. 11)

20 An offence under section 1(2) of the Terrorism Act 2006 (encouraging terrorism).

21 An offence under section 2(1) of that Act (disseminating terrorist publications).

22 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).

23 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).

24 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).

Part 2 Offences under particular enactments: England and Wales

Public Meeting Act 1908 (c. 66)

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

Perjury Act 1911 (c. 6)

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

Prison Act 1952 (c. 52)

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

Criminal Law Act 1967 (c. 58)

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

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

Greater London Council (General Powers) Act 1973 (c. xxx)

30 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.

Greater London Council (General Powers) Act 1974 (c. xxiv)

31 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.

Criminal Law Act 1977 (c. 45)

32 An offence under section 1(1) of the Criminal Law Act 1977 (conspiracy).

Criminal Attempts Act 1981 (c. 47)

33 An offence under section 1(1) of the Criminal Attempts Act 1981 (attempting to commit an offence).

Public Order Act 1986 (c. 64)

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

35 An offence under section 13(9) of that Act (inciting commission of offences under section 13(8) of that Act).

36 An offence under section 14(6) of that Act (inciting commission of offences under section 14(5) of that Act).

37 An offence under section 14B(3) of that Act (inciting commission of offences under section 14B(2) of that Act).

Terrorism Act 2000 (c. 11)

38 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).

Part 3 Other offences: England and Wales

39 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).

40 (1) An attempt under a special statutory provision.

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

Part 4 Offences under particular enactments: Northern Ireland

Prison Act (Northern Ireland) 1953 (c. 18)

41 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.

42 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.

Criminal Law Act (Northern Ireland) 1967 (c. 18)

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

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

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

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

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

46 An offence under Article 9(1) of that Order (conspiracy).

Public Processions (Northern Ireland) Act 1998 (c. 2)

47 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).

48 An offence under section 9A(8) of that Act (inciting commission of offences under section 9A of that Act).

Terrorism Act 2000 (c. 11)

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

Part 5 Other offences: Northern Ireland

50 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).

Section 52(2)

SCHEDULE 4 Extra-territoriality

1 (1) This paragraph applies if--

(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

(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.

2 (1) This paragraph applies if--

(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

(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.

3 (1) This paragraph applies if--

(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

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

4 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.

Section 60

SCHEDULE 5 Amendments relating to service law

Criminal Justice Act 1982 (c. 48)

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

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

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

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

3 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".

Sexual Offences Act 2003 (c. 42)

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

(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".

Criminal Justice Act 2003 (c. 44)

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

Gambling Act 2005 (c. 19)

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

Armed Forces Act 2006 (c. 52)

7 The Armed Forces Act 2006 is amended as follows.

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

9 For section 40 (incitement) substitute--

" 40 Encouraging 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. "

10 Accordingly, in the heading immediately before section 39 for "incitement" substitute "encouragement and assistance".

11 For section 46 (inciting criminal conduct) substitute--

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