Serious Crime Act 2007 (c. 27)

(The document as of February, 2008)

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

" 46 Encouraging or assisting criminal conduct

(1) Subsection (2) applies if a person subject to service law, or a civilian subject to service discipline, encourages or assists the doing of an act (or one or more of a number of acts) that, if done in England or Wales, would be punishable by the law of England and Wales.

(2) Regardless of where that act (or those acts) might be done and of his state of mind with respect to that question, his encouragement or assistance shall be treated for the purposes of section 42(1) as an act that is punishable by the law of England and Wales (so far as it is not such an act in any event).

(3) Reference in this section to encouraging or assisting is to an act that would constitute an offence under Part 2 of the Serious Crime Act 2007 disregarding any provision in that Part about the place where the act (or acts) being encouraged or assisted might be done or the accused's state of mind with respect to that question. "

12 In section 48 (provision supplementary to sections 43 to 47), in subsection (1)(a) for "incitement" substitute "encouragement or assistance".

13 In Schedule 2 (list of serious offences)--

(a) in paragraph 11 for "inciting another person to commit" substitute "encouraging or assisting the commission of";

(b) in paragraph 13 for "of incitement to commit" substitute "under Part 2 of the Serious Crime Act 2007 of encouraging or assisting the commission of".

Section 63(1) and (2)

SCHEDULE 6 Minor and consequential amendments: Part 2

Part 1 References to common law offence of incitement

1 Section 30(4) of the Theft Act 1968 (c. 60) (restriction of proceedings against spouses and civil partners).

2 Section 1B(2) of the Biological Weapons Act 1974 (c. 6) (Revenue and Customs prosecutions).

3 Section 17(1) of the Industry Act 1975 (c. 68) (no criminal proceedings to lie in respect of contravention of a prohibition order).

4 Section 7(2)(ix) of the Sexual Offences (Amendment) Act 1976 (c. 82) (meaning of "rape offence" in relation to court martial proceedings).

5 In the Magistrates' Courts Act 1980 (c. 43)--

(a) section 22(11)(b) (aggregation of value in relation to charges involving two or more scheduled offences);

(b) section 103(2)(d) (written statement of child admissible in committal proceedings for certain offences);

6 Article 8(1A) of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I.6)) (driving disqualification where vehicle used for the purposes of crime).

7 In the Betting and Gaming Duties Act 1981 (c. 63)--

(a) section 9(5) (prohibitions for protection of revenue);

(b) section 9A(4) (prohibitions for protection of revenue: overseas brokers).

8 In section 32(1) of the Criminal Justice Act 1982 (c. 48) (early release of prisoners)--

(a) paragraph (b)(iv) (imprisonment for excluded offence etc.);

(b) paragraph (c)(iv) (imprisonment for service offence corresponding to excluded offence etc.), inserted by paragraph 94(2) of Schedule 16 to the Armed Forces Act 2006 (c. 52).

9 Section 80(3)(c) of the Police and Criminal Evidence Act 1984 (c. 60) (compellability of accused's spouse or civil partner).

10 Section 49(4) of the Airports Act 1986 (c. 31) (no criminal proceedings to lie in respect of contravention of compliance order).

11 Section 12(6)(a) of the Outer Space Act 1986 (c. 38) (offences).

12 Section 30(4) of the Gas Act 1986 (c. 44) (no criminal proceedings to lie in respect of contravention of final or provisional order).

13 Section 7(1) of the Public Order Act 1986 (c. 64) (consent of DPP to prosecution).

14 Section 2(3)(ba) of the Ministry of Defence Police Act 1987 (c. 4) (jurisdiction of members of MoD police).

15 In the Road Traffic Offenders Act 1988 (c. 53)--

(a) section 28(2) (penalty points to be attributed to an offence);

(b) section 34(5) (disqualification for certain offences);

16 Paragraph 2(a) of Schedule 1 to the Football Spectators Act 1989 (c. 37) (offences).

17 Article 79(3)(c) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)) (compellability of accused's spouse or civil partner).

18 In the Aviation and Maritime Security Act 1990 (c. 31)--

(a) section 11(3)(b) (destroying ships or fixed platforms or endangering their safety);

(b) section 15(2)(c) (master's power of delivery).

19 In the Criminal Justice Act 1991 (c. 53)--

(a) section 53(7) (cases involving children in which notice of transfer may be given);

(b) section 86A(4) (offences in respect of which prisoner custody officers have powers in relation to persons other than prisoners).

20 In the Sexual Offences (Amendment) Act 1992 (c. 34)--

(a) subsections (1)(g) and (3)(k) of section 2 (offences to which Act applies);

(b) section 6(2A) (person who is to be treated as person against whom inchoate offences are committed).

21 In the Criminal Justice Act 1993 (c. 36)--

(a) section 1(3)(d) (Group B offences);

(b) section 5(4) (incitement to commit Group A offence).

22 Section 12(7) of the Finance Act 1994 (c. 9) (offences of fraud and dishonesty).

23 Section 27 of the Antarctic Act 1994 (c. 15) (references to offences under the Act).

24 Section 9A(4) of the Criminal Justice and Public Order Act 1994 (c. 33) (offences in respect of which custody officers at contracted out secure training centres have powers in relation to persons other than those detained in the centre).

25 Paragraph (b) of the definition of "specified offence" in section 60(6) of the Drug Trafficking Act 1994 (c. 37) (Revenue and Customs prosecutions).

26 Article 40(4) of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I.1)) (no criminal proceedings to lie in respect of contravention of compliance order).

27 Article 4(1A) and (7) of the Children's Evidence (Northern Ireland) Order 1995 (S.I. 1995/757 (N.I.3)) (cases involving children in which notice of transfer may be given).

28 Section 30A(2) of the Chemical Weapons Act 1996 (c. 6) (Revenue and Customs prosecutions).

29 Section 29(6)(i) of the Criminal Procedure and Investigations Act 1996 (c. 25) (meaning of "terrorism offence" for purpose of requirement to hold preparatory hearing).

30 In the Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)--

(a) section 2(1) and (2) (incitement to commit certain sexual acts outside the United Kingdom);

(b) section 3(8) (extended meaning of offence of incitement to commit a listed sexual offence).

31 In the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I.9))--

(a) paragraph (h) of the definition of "drug trafficking offence" in Article 2(2) (interpretation);

(b) paragraph (b) of the definition of "specified offence" in Article 55 (Revenue and Customs prosecutions).

32 In the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I.10))--

(a) Article 30(2) (penalty points to be attributed to an offence);

(b) Article 35(6) (disqualification for certain offences);

33 In the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24)) --

(a) Article 38(3)(d) (Group B offences);

(b) Article 42(2) (incitement to commit Group A offence).

34 Paragraph 8 of the Schedule to the Sexual Offences (Protected Material) Act 1997 (c. 39) (sexual offences for the purposes of that Act).

35 Section 14(2)(d) of the Northern Ireland (Sentences) Act 1998 (c. 35) (inadmissibility).

36 Section 51C(3)(e) of the Crime and Disorder Act 1998 (c. 37) (notices in certain cases involving children).

37 Section 62(2) of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (meaning of "sexual offence" and other references to offences).

38 Article 3(2) of the Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I.8)) (meaning of "sexual offence" and other references to offences).

39 Section 147(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (driving disqualification where vehicle used for purposes of crime).

40 Paragraph 3(t)(i) of Schedule 4 to the Criminal Justice and Court Services Act 2000 (c. 43) (meaning of "offence against a child").

41 Section 34(1)(g) of the Criminal Justice and Police Act 2001 (c. 16) (meaning of "drug trafficking offence").

42 Sections 55(1)(b) and 62(1)(b) of the International Criminal Court Act 2001 (c. 17) (meaning of "ancillary offence").

43 Section 53(2) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (Revenue and Customs prosecutions).

44 In the Proceeds of Crime Act 2002 (c. 29)--

(a) section 340(11)(b) (interpretation of Part 7: money laundering);

(b) section 415(2)(a) (money laundering offences for purposes of Part 8: investigations);

(d) section 451(6)(c) (Revenue and Customs prosecutions).

45 Section 4 of the Dealing in Cultural Objects (Offences) Act 2003 (c. 27) (Revenue and Customs prosecutions).

46 Section 142(7)(a) of the Extradition Act 2003 (c. 41) (extradition from category 1 territory to the United Kingdom).

47 Paragraph 3(a) of Schedule 2 to the Sexual Offences Act 2003 (c. 42) (sexual offences to which section 72 of that Act applies).

48 In the Criminal Justice Act 2003 (c. 44)--

(a) in Schedule 15 (specified violent and sexual offences for the purposes of Chapter 5 of Part 12 of that Act), paragraphs 64(a) and 153(a);

(b) in Schedule 17 (Northern Ireland violent and sexual offences specified for the purposes of section 229(4) of that Act), paragraphs 61(a) and 110(a).

49 Paragraph 3(i)(i) of the Schedule to the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (S.I. 2003/417 (N.I.4)) (meaning of "offence against a child").

50 Section 14 of the Gangmasters (Licensing) Act 2004 (c. 11) (enforcement officer's power of arrest).

51 Section 76(3)(p) of the Serious Organised Crime and Police Act 2005 (c. 15) (offences giving rise to financial reporting order).

52 In the Terrorism Act 2006 (c. 11)--

(a) section 17(2)(f) (commission of offences abroad);

(b) paragraph 12(b) of Schedule 1 (Convention offences).

Part 2 Other minor and consequential amendments

Misuse of Drugs Act 1971 (c. 38)

53 In section 19 of the Misuse of Drugs Act 1971 for "such an offence" substitute "an offence under any other provision of this Act".

Criminal Law Act 1977 (c. 45)

54 In section 5 of the Criminal Law Act 1977 (effects of creation of statutory offence of conspiracy) omit subsection (7).

Magistrates' Courts Act 1980 (c. 43)

55 (1) The Magistrates' Courts Act 1980 is amended as follows.

(2) In section 32(1) (penalties for offences triable either way as a result of Schedule 1 to that Act) omit paragraph (b).

(3) Omit section 45.

(4) In Schedule 1 (offences triable either way) omit paragraph 35.

Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26))

56 Omit Article 60(1) of the Magistrates' Courts (Northern Ireland) Order 1981.

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

57 In Article 13 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (effects of creation of statutory offence of conspiracy) omit paragraph (8).

Public Order Act 1986 (c. 64)

58 (1) The Public Order Act 1986 is amended as follows.

(2) In each of the provisions mentioned in sub-paragraph (3) omit the words from "notwithstanding" to the end.

(3) The provisions are--

(a) section 12(10);

(b) section 13(13);

(d) section 14B(7).

Computer Misuse Act 1990 (c. 18)

59 (1) The Computer Misuse Act 1990 is amended as follows.

(2) In section 6 (incitement) omit subsection (3).

(3) In section 7 (territorial scope of inchoate offences related to offences under external law corresponding to offences under the Act) omit subsection (4).

(4) In section 8(3) (relevance of external law) omit "or by virtue of section 7(4) above".

(5) In section 9(2) (offences in relation to which British citizenship is immaterial) omit paragraph (d).

(6) In section 16(4) (application to Northern Ireland) omit the words from "and any reference" to the end.

Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)

60 In section 2(3) of the Sexual Offences (Conspiracy and Incitement) Act 1996 for "of incitement" substitute "done".

International Criminal Court Act 2001 (c. 17)

61 (1) The International Criminal Court Act 2001 is amended as follows.

(2) In section 55 (meaning of ancillary offence: England and Wales) omit subsection (3).

(3) In section 62 (meaning of ancillary offence: Northern Ireland) omit subsection (3).

Proceeds of Crime Act 2002 (c. 29)

62 After sub-paragraph (1) in each of paragraph 10 of Schedule 2 to the Proceeds of Crime Act 2002 and paragraph 10 of Schedule 5 to that Act (inchoate offences which are lifestyle offences) insert the following sub-paragraph--

" (1A) An offence under section 44 of the Serious Crime Act 2007 of doing an act capable of encouraging or assisting the commission of an offence specified in this Schedule. "

Sexual Offences Act 2003 (c. 42)

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

(2) In Schedule 3 (sexual offences for the purposes of Part 2 of that Act), after paragraph 94, insert--

" 94A A reference in a preceding paragraph to an offence ("offence A") includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed. "

(3) In Schedule 5 (other offences which are relevant for the purposes of Part 2 of the Act), after paragraph 173, insert--

" 173A A reference in a preceding paragraph to an offence ("offence A") includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed. "

Serious Organised Crime and Police Act 2005 (c. 15)

64 (1) The Serious Organised Crime and Police Act 2005 is amended as follows.

(2) In section 136 (penalties in relation to demonstrations in the vicinity of Parliament) for subsection (4) substitute--

" (4) A person who is guilty of an offence under section 44 or 45 of the Serious Crime Act 2007 in relation to which an offence mentioned in subsection (1), (2) or (3) is the anticipated offence (as defined by section 47(9) of that Act) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 4 on the standard scale or to both.

(4A) If a person is guilty of an offence under section 46 of that Act by reference to an offence mentioned in subsection (1), (2) or (3), the maximum term of imprisonment applicable for the purposes of section 58(6) of that Act to the offence so mentioned is a term not exceeding 51 weeks. "

(3) In section 175(3) (transitional modification of penalties for summary offences in England and Wales) in the table, for the entry relating to section 136(4) substitute--

" section 136(4)	3 months
section 136(4A)	3 months " .

Section 73

SCHEDULE 7 Data matching

Part 1 Data matching: England

1 The Audit Commission Act 1998 (c. 18) is amended as follows.

2 After Part 2 insert--

" Part 2A Data matching

32A Power to conduct data matching exercises

(1) The Commission may conduct data matching exercises or arrange for them to be conducted on its behalf.

(2) A data matching exercise is an exercise involving the comparison of sets of data to determine how far they match (including the identification of any patterns and trends).

(3) The power in subsection (1) is exercisable for the purpose of assisting in the prevention and detection of fraud.

(4) That assistance may, but need not, form part of an audit.

(5) A data matching exercise may not be used to identify patterns and trends in an individual's characteristics or behaviour which suggest nothing more than his potential to commit fraud in the future.

(6) In the following provisions of this Part, reference to a data matching exercise is to an exercise conducted or arranged to be conducted under this section.

32B Mandatory provision of data

(1) The Commission may require--

(a) any body mentioned in subsection (2), and

(b) any officer or member of such a body,

to provide the Commission or a person acting on its behalf with such data (and in such form) as the Commission or that person may reasonably require for the purpose of conducting data matching exercises.

(2) The bodies are--

(a) a body subject to audit,

(b) an English best value authority which is not a body subject to audit.

(3) A person who without reasonable excuse fails to comply with a requirement of the Commission under subsection (1)(b) is guilty of an offence and liable on summary conviction--

(a) to a fine not exceeding level 3 on the standard scale, and

(b) to an additional fine not exceeding £20 for each day on which the offence continues after conviction for that offence.

(4) Any expenses incurred by the Commission in connection with proceedings for an offence under subsection (3) alleged to have been committed by an officer or member of a body, so far as not recovered from any other source, are recoverable from that body.

(5) "English best value authority" means a best value authority other than--

(a) a county council, county borough council or community council in Wales,

(b) a National Park authority for a National Park in Wales,

(d) a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to which section 4 of that Act applies.

32C Voluntary provision of data

(1) If the Commission thinks it appropriate to conduct a data matching exercise using data held by or on behalf of a body or person not subject to section 32B, the data may be disclosed to the Commission or a person acting on its behalf.

(2) A disclosure under subsection (1) does not breach--

(a) any obligation of confidence owed by a person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(3) But nothing in this section authorises a disclosure which--

(a) contravenes the Data Protection Act 1998 (c. 29), or

(b) is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).

(4) Data may not be disclosed under subsection (1) if the data comprise or include patient data.

(5) "Patient data" means data relating to an individual which are held for medical purposes (within the meaning of section 251 of the National Health Service Act 2006 (c. 41)) and from which the individual can be identified.

(6) This section does not limit the circumstances in which data may be disclosed apart from this section.

(7) Data matching exercises may include data provided by a body or person outside England and Wales.

32D Disclosure of results of data matching etc

(1) This section applies to the following information--

(a) information relating to a particular body or person obtained by or on behalf of the Commission for the purpose of conducting a data matching exercise,

(b) the results of any such exercise.

(2) Information to which this section applies may be disclosed by or on behalf of the Commission if the disclosure is--

(a) for or in connection with a purpose for which the data matching exercise is conducted,

(b) to a body mentioned in subsection (3) (or a related party) for or in connection with a function of that body corresponding or similar to the functions of an auditor under Part 2 or the functions of the Commission under this Part, or

(3) The bodies are--

(a) the Auditor General for Wales,

(b) the Auditor General for Scotland,

(d) Audit Scotland,

(e) the Comptroller and Auditor General for Northern Ireland,

(f) a person designated as a local government auditor under Article 4 of the Local Government (Northern Ireland) Order 2005 (S.I. 2005/1968 (N.I.18)).

(4) "Related party", in relation to a body mentioned in subsection (3), means--

(a) a body or person acting on its behalf,

(b) a body whose accounts are required to be audited by it or by a person appointed by it,

(5) If the data used for a data matching exercise include patient data--

(a) subsection (2)(a) applies only so far as the purpose for which the disclosure is made relates to a relevant NHS body,

(b) subsection (2)(b) applies only so far as the function for or in connection with which the disclosure is made relates to such a body.

(6) In subsection (5)--

(a) "patient data" has the same meaning as in section 32C,

(b) "relevant NHS body" means--

(i) a health service body,

(ii) a Welsh NHS body,

(iii) an NHS body as defined in section 22(1) of the Community Care and Health (Scotland) Act 2002 (asp 5),

(iv) a body to which Article 90 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)) applies.

(7) Information disclosed under subsection (2) may not be further disclosed except--

(a) for or in connection with the purpose for which it was disclosed under paragraph (a) or the function for which it was disclosed under paragraph (b) of that subsection,

(b) for the investigation or prosecution of an offence (so far as the disclosure does not fall within paragraph (a)), or

(8) Except as authorised by subsections (2) and (7), a person who discloses information to which this section applies is guilty of an offence and liable--

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

(b) on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both.

(9) Section 49 does not apply to information to which this section applies.

(10) In this section, "body" includes office.

32E Publication

(1) Nothing in section 32D prevents the Commission from publishing a report on a data matching exercise (including on the results of the exercise).

(2) But the report may not include information relating to a particular body or person if--

(a) the body or person is the subject of any data included in the data matching exercise,

(b) the body or person can be identified from the information, and

(3) A report published under this section may be published in such manner as the Commission considers appropriate for bringing it to the attention of those members of the public who may be interested.

(4) Section 51 does not apply to information to which section 32D applies.

(5) This section does not affect any powers of an auditor where the data matching exercise in question forms part of an audit under Part 2.

32F Fees for data matching

(1) The Commission must prescribe a scale or scales of fees in respect of data matching exercises.

(2) A body required under section 32B(1) to provide data for a data matching exercise must pay to the Commission the fee applicable to that exercise in accordance with the appropriate scale.

(3) But if it appears to the Commission that the work involved in the exercise was substantially more or less than that envisaged by the appropriate scale, the Commission may charge the body a fee which is larger or smaller than that referred to in subsection (2).

(4) Before prescribing a scale of fees under this section, the Commission must consult--

(a) the bodies mentioned in section 32B(2), and

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