Criminal Justice Act 1993 (c. 36)

(The document as of February, 2008)

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(5) In section 12(3) of that Act, after "section 9(1)(b)" there shall be inserted "or (c)".

(6) The following subsections shall be added at the end of section 12 of that Act--

" (4) In the case of a person who was in employment at the relevant time, subsections (1) to (3) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.

(5) No constable or other person shall be guilty of an offence under section 9(1)(b) or (c) or (2) or 10(1)(b) or (c) above in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to terrorism or the proceeds or resources of terrorism.

(6) For the purposes of subsection (5) above, having possession of any property shall be taken to be doing an act in relation to it. " .

50 Investigation of terrorist activities

(1) Section 17 (investigation of terrorist activities) of the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989 shall be amended as follows.

(2) In subsection (1)(a)(ii)--

(a) for "or 11 above" there shall be substituted "11, 18 or 18A of this Act"; and

(b) for "or 28" there shall be substituted "28, 53, 54 or 54A".

(3) For subsection (2) there shall be substituted--

" (2) A person is guilty of an offence if, knowing or having reasonable cause to suspect that a constable is acting, or is proposing to act, in connection with a terrorist investigation which is being, or is about to be, conducted, he--

(a) discloses to any other person information or any other matter which is likely to prejudice the investigation or proposed investigation, or

(b) falsifies, conceals or destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, material which is or is likely to be relevant to the investigation, or proposed investigation.

(2A) A person is guilty of an offence if, knowing or having reasonable cause to suspect that a disclosure ("the disclosure") has been made to a constable under section 12, 18 or 18A of this Act or section 53, 54 or 54A of the [1991 c. 24.] Northern Ireland (Emergency Provisions) Act 1991, he--

(a) discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure; or

(2B) A person is guilty of an offence if, knowing or having reasonable cause to suspect that a disclosure ("the disclosure") of a kind mentioned in section 12(4) or 18A(5) of this Act or section 53(4A), 54(5D) or 54A(5) of the Act of 1991 has been made, he--

(a) discloses to any person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure; or

(2C) Nothing in subsections (2) to (2B) above makes it an offence for a professional legal adviser to disclose any information or other matter--

(a) to, or to a representative of, a client of his in connection with the giving by the adviser of legal advice to the client; or

(b) to any person--

(i) in contemplation of, or in connection with, legal proceedings; and

(ii) for the purpose of those proceedings.

(2D) Subsection (2C) above does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.

(2E) No constable or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to terrorism or the proceeds or resources of terrorism. " .

(4) In subsection (3) (defence in respect of disclosure), after "investigation" there shall be inserted "or proposed investigation".

(5) The following shall be inserted after subsection (3)--

" (3A) In proceedings against a person for an offence under subsection (2A)(a) or (2B)(a) above it is a defence to prove--

(a) that he did not know and had no reasonable cause to suspect that his disclosure was likely to prejudice the investigation in question; or

(b) that he had lawful authority or reasonable excuse for making his disclosure. " .

(6) In subsection (4) (defence in respect of falsifying material etc.), for the words from "the persons" to the end there shall be substituted "any person conducting, or likely to be conducting, the investigation or proposed investigation".

(7) The following shall be inserted after subsection (4)--

" (4A) In proceedings against a person for an offence under subsection (2A)(b) or (2B)(b) above, it is a defence to prove that he had no intention of concealing any information contained in the material in question from any person who might carry out the investigation in question. " .

(8) In subsection (5) (penalties) after "(2)" there shall be inserted "(2A) or (2B)".

(9) The following subsection shall be added at the end--

" (6) For the purposes of subsection (1) above, as it applies in relation to any offence under section 18 or 18A below or section 54A of the Act of 1991, "act" includes omission. " .

51 Failure to disclose knowledge or suspicion of financial assistance for terrorism

The following section shall be inserted in the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989, after section 18--

" 18A Failure to disclose knowledge or suspicion of offences under sections 9 to 11

(1) A person is guilty of an offence if--

(a) he knows, or suspects, that another person is providing financial assistance for terrorism;

(b) the information, or other matter, on which that knowledge or suspicion is based came to his attention in the course of his trade, profession, business or employment; and

(c) he does not disclose the information or other matter to a constable as soon as is reasonably practicable after it comes to his attention.

(2) Subsection (1) above does not make it an offence for a professional legal adviser to fail to disclose any information or other matter which has come to him in privileged circumstances.

(3) It is a defence to a charge of committing an offence under this section that the person charged had a reasonable excuse for not disclosing the information or other matter in question.

(4) Where a person discloses to a constable--

(a) his suspicion or belief that another person is providing financial assistance for terrorism; or

(b) any information or other matter on which that suspicion or belief is based;

the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.

(5) Without prejudice to subsection (3) or (4) above, in the case of a person who was in employment at the relevant time, it is a defence to a charge of committing an offence under this section that he disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.

(6) A disclosure to which subsection (5) above applies shall not be treated as a breach of any restriction imposed by statute or otherwise.

(7) In this section "providing financial assistance for terrorism" means doing any act which constitutes an offence under section 9, 10 or 11 above or, in the case of an act done otherwise than in the United Kingdom, which would constitute such an offence if done in the United Kingdom.

(8) For the purposes of subsection (7) above, having possession of any property shall be taken to be doing an act in relation to it.

(9) For the purposes of this section, any information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated, or given, to him--

(a) by, or by a representative of, a client of his in connection with the giving by the adviser of legal advice to the client;

(b) by, or by a representative of, a person seeking legal advice from the adviser; or

(i) in contemplation of, or in connection with, legal proceedings; and

(ii) for the purpose of those proceedings.

(10) No information or other matter shall be treated as coming to a professional legal adviser in privileged circumstances if it is communicated or given with a view to furthering any criminal purpose.

(11) A person guilty of an offence under this section shall be liable--

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

(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or to both. " .

Part VPART V INSIDER DEALING

The offence of insider dealing

52 The offence

(1) An individual who has information as an insider is guilty of insider dealing if, in the circumstances mentioned in subsection (3), he deals in securities that are price-affected securities in relation to the information.

(2) An individual who has information as an insider is also guilty of insider dealing if--

(a) he encourages another person to deal in securities that are (whether or not that other knows it) price-affected securities in relation to the information, knowing or having reasonable cause to believe that the dealing would take place in the circumstances mentioned in subsection (3); or

(b) he discloses the information, otherwise than in the proper performance of the functions of his employment, office or profession, to another person.

(3) The circumstances referred to above are that the acquisition or disposal in question occurs on a regulated market, or that the person dealing relies on a professional intermediary or is himself acting as a professional intermediary.

(4) This section has effect subject to section 53.

53 Defences

(1) An individual is not guilty of insider dealing by virtue of dealing in securities if he shows--

(a) that he did not at the time expect the dealing to result in a profit attributable to the fact that the information in question was price-sensitive information in relation to the securities, or

(b) that at the time he believed on reasonable grounds that the information had been disclosed widely enough to ensure that none of those taking part in the dealing would be prejudiced by not having the information, or

(2) An individual is not guilty of insider dealing by virtue of encouraging another person to deal in securities if he shows--

(a) that he did not at the time expect the dealing to result in a profit attributable to the fact that the information in question was price-sensitive information in relation to the securities, or

(b) that at the time he believed on reasonable grounds that the information had been or would be disclosed widely enough to ensure that none of those taking part in the dealing would be prejudiced by not having the information, or

(3) An individual is not guilty of insider dealing by virtue of a disclosure of information if he shows--

(a) that he did not at the time expect any person, because of the disclosure, to deal in securities in the circumstances mentioned in subsection (3) of section 52; or

(b) that, although he had such an expectation at the time, he did not expect the dealing to result in a profit attributable to the fact that the information was price-sensitive information in relation to the securities.

(4) Schedule 1 (special defences) shall have effect.

(5) The Treasury may by order amend Schedule 1.

(6) In this section references to a profit include references to the avoidance of a loss.

Interpretation

54 Securities to which Part V applies

(1) This Part applies to any security which--

(a) falls within any paragraph of Schedule 2; and

(b) satisfies any conditions applying to it under an order made by the Treasury for the purposes of this subsection;

and in the provisions of this Part (other than that Schedule) any reference to a security is a reference to a security to which this Part applies.

(2) The Treasury may by order amend Schedule 2.

55 "Dealing" in securities

(1) For the purposes of this Part, a person deals in securities if--

(a) he acquires or disposes of the securities (whether as principal or agent); or

(b) he procures, directly or indirectly, an acquisition or disposal of the securities by any other person.

(2) For the purposes of this Part, "acquire", in relation to a security, includes--

(a) agreeing to acquire the security; and

(b) entering into a contract which creates the security.

(3) For the purposes of this Part, "dispose", in relation to a security, includes--

(a) agreeing to dispose of the security; and

(b) bringing to an end a contract which created the security.

(4) For the purposes of subsection (1), a person procures an acquisition or disposal of a security if the security is acquired or disposed of by a person who is--

(a) his agent,

(b) his nominee, or

in relation to the acquisition or disposal.

(5) Subsection (4) is not exhaustive as to the circumstances in which one person may be regarded as procuring an acquisition or disposal of securities by another.

56 "Inside information", etc

(1) For the purposes of this section and section 57, "inside information" means information which--

(a) relates to particular securities or to a particular issuer of securities or to particular issuers of securities and not to securities generally or to issuers of securities generally;

(b) is specific or precise;

(d) if it were made public would be likely to have a significant effect on the price of any securities.

(2) For the purposes of this Part, securities are "price-affected securities" in relation to inside information, and inside information is "price-sensitive information" in relation to securities, if and only if the information would, if made public, be likely to have a significant effect on the price of the securities.

(3) For the purposes of this section "price" includes value.

57 "Insiders"

(1) For the purposes of this Part, a person has information as an insider if and only if--

(a) it is, and he knows that it is, inside information, and

(b) he has it, and knows that he has it, from an inside source.

(2) For the purposes of subsection (1), a person has information from an inside source if and only if--

(a) he has it through--

(i) being a director, employee or shareholder of an issuer of securities; or

(ii) having access to the information by virtue of his employment, office or profession; or

(b) the direct or indirect source of his information is a person within paragraph (a).

58 Information "made public"

(1) For the purposes of section 56, "made public", in relation to information, shall be construed in accordance with the following provisions of this section; but those provisions are not exhaustive as to the meaning of that expression.

(2) Information is made public if--

(a) it is published in accordance with the rules of a regulated market for the purpose of informing investors and their professional advisers;

(b) it is contained in records which by virtue of any enactment are open to inspection by the public;

(i) to which the information relates, or

(ii) of an issuer to which the information relates; or

(d) it is derived from information which has been made public.

(3) Information may be treated as made public even though--

(a) it can be acquired only by persons exercising diligence or expertise;

(b) it is communicated to a section of the public and not to the public at large;

(d) it is communicated only on payment of a fee; or

(e) it is published only outside the United Kingdom.

59 "Professional intermediary"

(1) For the purposes of this Part, a "professional intermediary" is a person--

(a) who carries on a business consisting of an activity mentioned in subsection (2) and who holds himself out to the public or any section of the public (including a section of the public constituted by persons such as himself) as willing to engage in any such business; or

(b) who is employed by a person falling within paragraph (a) to carry out any such activity.

(2) The activities referred to in subsection (1) are--

(a) acquiring or disposing of securities (whether as principal or agent); or

(b) acting as an intermediary between persons taking part in any dealing in securities.

(3) A person is not to be treated as carrying on a business consisting of an activity mentioned in subsection (2)--

(a) if the activity in question is merely incidental to some other activity not falling within subsection (2); or

(b) merely because he occasionally conducts one of those activities.

(4) For the purposes of section 52, a person dealing in securities relies on a professional intermediary if and only if a person who is acting as a professional intermediary carries out an activity mentioned in subsection (2) in relation to that dealing.

60 Other interpretation provisions

(1) For the purposes of this Part, "regulated market" means any market, however operated, which, by an order made by the Treasury, is identified (whether by name or by reference to criteria prescribed by the order) as a regulated market for the purposes of this Part.

(2) For the purposes of this Part an "issuer", in relation to any securities, means any company, public sector body or individual by which or by whom the securities have been or are to be issued.

(3) For the purposes of this Part--

(a) "company" means any body (whether or not incorporated and wherever incorporated or constituted) which is not a public sector body; and

(b) "public sector body" means--

(i) the government of the United Kingdom, of Northern Ireland or of any country or territory outside the United Kingdom;

(ii) a local authority in the United Kingdom or elsewhere;

(iii) any international organisation the members of which include the United Kingdom or another member state;

(iv) the Bank of England; or

(v) the central bank of any sovereign State.

(4) For the purposes of this Part, information shall be treated as relating to an issuer of securities which is a company not only where it is about the company but also where it may affect the company's business prospects.

Miscellaneous

61 Penalties and prosecution

(1) An individual guilty of insider dealing shall be liable--

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

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

(2) Proceedings for offences under this Part shall not be instituted in England and Wales except by or with the consent of--

(a) the Secretary of State; or

(b) the Director of Public Prosecutions.

(3) In relation to proceedings in Northern Ireland for offences under this Part, subsection (2) shall have effect as if the reference to the Director of Public Prosecutions were a reference to the Director of Public Prosecutions for Northern Ireland.

62 Territorial scope of offence of insider dealing

(1) An individual is not guilty of an offence falling within subsection (1) of section 52 unless--

(a) he was within the United Kingdom at the time when he is alleged to have done any act constituting or forming part of the alleged dealing;

(b) the regulated market on which the dealing is alleged to have occurred is one which, by an order made by the Treasury, is identified (whether by name or by reference to criteria prescribed by the order) as being, for the purposes of this Part, regulated in the United Kingdom; or

(c) the professional intermediary was within the United Kingdom at the time when he is alleged to have done anything by means of which the offence is alleged to have been committed.

(2) An individual is not guilty of an offence falling within subsection (2) of section 52 unless--

(a) he was within the United Kingdom at the time when he is alleged to have disclosed the information or encouraged the dealing; or

(b) the alleged recipient of the information or encouragement was within the United Kingdom at the time when he is alleged to have received the information or encouragement.

63 Limits on section 52

(1) Section 52 does not apply to anything done by an individual acting on behalf of a public sector body in pursuit of monetary policies or policies with respect to exchange rates or the management of public debt or foreign exchange reserves.

(2) No contract shall be void or unenforceable by reason only of section 52.

64 Orders

(1) Any power under this Part to make an order shall be exercisable by statutory instrument.

(2) No order shall be made under this Part unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

(3) An order under this Part--

(a) may make different provision for different cases; and

(b) may contain such incidental, supplemental and transitional provisions as the Treasury consider expedient.

Part VIPART VI MISCELLANEOUS

65 Fixing of fines

(1) The following section shall be substituted for section 18 of the [1991 c. 53.] Criminal Justice Act 1991 (fixing of certain fines by reference to units)--

" 18 Fixing of fines

(1) Before fixing the amount of any fine, a court shall inquire into the financial circumstances of the offender.

(2) The amount of any fine fixed by a court shall be such as, in the opinion of the court, reflects the seriousness of the offence.

(3) In fixing the amount of any fine, a court shall take into account the circumstances of the case including, among other things, the financial circumstances of the offender so far as they are known, or appear, to the court.

(4) Where--

(a) an offender has been convicted in his absence in pursuance of section 11 or 12 of the Magistrates' Courts Act 1980 (non-appearance of accused),

(b) an offender--

(i) has failed to comply with an order under section 20(1) below; or

(ii) has otherwise failed to co-operate with the court in its inquiry into his financial circumstances, or

(i) has failed to comply with an order under section 20(1B) below; or

(ii) has otherwise failed to co-operate with the court in its inquiry into his financial circumstances,

and the court considers that it has insufficient information to make a proper determination of the financial circumstances of the offender, it may make such determination as it thinks fit.

(5) Subsection (3) above applies whether taking into account the financial circumstances of the offender has the effect of increasing or reducing the amount of the fine. " .

(2) Section 19 of the Act of 1991 (fixing of fines in cases to which the unit fines system did not apply) shall cease to have effect.

(3) The further amendments made by Schedule 3 shall have effect.

(4) The amendments made by this section and that Schedule shall apply in relation to offenders convicted (but not sentenced) before the date on which this section comes into force as they apply in relation to offenders convicted after that date.

66 Powers of courts to deal with offenders

(1) In section 1 of the [1991 c. 53.] Criminal Justice Act 1991 (restrictions on imposing custodial sentences), the following shall be substituted for subsection (2)(a)--

" (a) that the offence, or the combination of the offence and one or more offences associated with it, was so serious that only such a sentence can be justified for the offence; or " .

(2) In section 2 of the Act of 1991 (length of custodial sentences), in subsections (2)(a) and (3), for the word "other" there shall be substituted "one or more".

(3) In section 3 of the Act of 1991 (procedural requirements for custodial sentences), in subsection (3)(a), the words "or (as the case may be) of the offence and the offence or offences associated with it," shall be inserted after the word "offence".

(4) In section 6 of the Act of 1991 (restrictions on imposing community sentences)--

(a) in subsection (1), for the words "other offence" there shall be substituted "or more offences"; and

(b) in subsection (2)(b), for the word "other" there shall be substituted "one or more".

(5) In section 7 of the Act of 1991 (procedural requirements for community sentences), in subsection (1), the words "or (as the case may be) of the offence and the offence or offences associated with it," shall be inserted after the word "offence".

(6) For section 29 of the Act of 1991 (effect of previous convictions) there shall be substituted--

" 29 Effect of previous convictions and of offending while on bail

(1) In considering the seriousness of any offence, the court may take into account any previous convictions of the offender or any failure of his to respond to previous sentences.

(2) In considering the seriousness of any offence committed while the offender was on bail, the court shall treat the fact that it was committed in those circumstances as an aggravating factor.

(3) A probation order or conditional discharge order made before 1st October 1992 (which, by virtue of section 2 or 7 of the [1973 c. 62.] Powers of Criminal Courts Act 1973, would otherwise not be a sentence for the purposes of this section) is to be treated as a sentence for those purposes.

(4) A conviction in respect of which a probation order or conditional discharge order was made before that date (which, by virtue of section 13 of that Act, would otherwise not be a conviction for those purposes) is to be treated as a conviction for those purposes. " .

(7) In subsection (1) of section 12D of the Children and Young Persons Act 1969 (duty of court to state in certain cases that requirement is in place of custodial sentence), in paragraph (ii)(a) for the words "other offence" there shall be substituted "or more offences".

(8) In section 38 of the [1980 c. 43.] Magistrates' Courts Act 1980 (committal for sentence on summary trial of offence triable either way), in subsection (2)(a), for the word "other" there shall be substituted "one or more".

(9) The amendments made by this section shall apply in relation to offenders convicted (but not sentenced) before the date on which this section comes into force as they apply in relation to offenders convicted after that date.

67 Penalty for causing death by dangerous driving or by careless driving

(1) In Part I of Schedule 2 to the [1988 c. 53.] Road Traffic Offenders Act 1988 (prosecution and punishment of offences), in the entries relating to section 1 of the Road Traffic Act [1988 c. 52.] 1988 (causing death by dangerous driving) and section 3A of that Act (causing death by careless driving while under influence of drink or drugs), in column 4, for "5 years" there shall be substituted "10 years".

(2) In section 53(2) of the [1933 c. 12.] Children and Young Persons Act 1933 (punishment of certain serious crimes), the following shall be inserted after the word "law" in paragraph (a)--

" (aa) a young person is convicted of--

(i) an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving); or

(ii) an offence under section 3A of that Act (causing death by careless driving while under influence of drink or drugs); " .

68 Appeals in Scotland against lenient disposals, etc

(1) In section 228(1) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (right of appeal of person convicted on indictment)--

(a) after paragraph (b) (and before the word "or") insert--

" (bb) against his absolute discharge or admonition;

(bc) against any probation order or any community service order under the [1978 c. 49.] Community Service by Offenders (Scotland) Act 1978;

(bd) against any order deferring sentence; " ; and

(b) in paragraph (c), after "sentence" add "or disposal or order".

(2) In section 228A of that Act (appeal by Lord Advocate against sentence in solemn proceedings etc.)--

(a) after "conviction" insert "or against any probation order or any community service order under the Community Service by Offenders (Scotland) Act 1978 or against the person's absolute discharge or admonition or against any order deferring sentence"; and

(b) for paragraph (a) substitute--

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