Legalize / United Kingdom / Public General Act

Serious Crime Act 2007

Type Public General Act

Publication 2007-10-30

Last updated 2025-12-02

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 4

Reform history JSON API

(7) Any reference in this section to a disclosure to the CAB or a specified public authority is a reference to a disclosure to such person, or to persons of such description, as may be specified in relation to the CAB or the public authority (as the case may be).

(8) Nothing in this section authorises any disclosure of information which—

(a) contravenes the data protection legislation; or

(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(9) In this section—

“the 2005 Act” means the Commissioners for Revenue and Customs Act 2005 (c. 11);

“assets” means property of any description, wherever situated;

“civil proceedings” means civil proceedings of whatever nature and whether brought in the United Kingdom or elsewhere;

“Commissioners of Revenue and Customs” means the Commissioners for Her Majesty's Revenue and Customs;

“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

“enforcement purposes”, in relation to the proceeds of crime, means with a view to—recovering, forfeiting or freezing assets constituting proceeds of crime; orotherwise depriving persons (to any extent) of, or of access to, such assets or the benefit of such assets;

“functions” includes powers, duties and objectives, and references to the exercise of functions include the pursuit of objectives;

“proceeds of crime” means assets derived, or suspected to be derived, directly or indirectly from criminal conduct (wherever occurring);

“public authority” means any body or person discharging functions of a public nature;

“revenue and customs information relating to a person” has the meaning given by section 19(2) of the 2005 Act;

“specified” means specified in an order made by the Treasury; and

“the specifying order”, in relation to a specified public authority, means the order specifying the authority for the purposes of this section.

Use of force in executing search warrants: Scotland

86

In section 387 of the Proceeds of Crime Act 2002 (c. 29) (issue of search warrants in Scotland in connection with certain investigations), after subsection (4), insert—

(4A) A proper person may, if necessary, use reasonable force in executing a search warrant.

Chapter 3 — Other measures

Incidents involving serious violence: powers to stop and search

87

(1) In section 60(1) of the Criminal Justice and Public Order Act 1994 (c. 33) (powers to authorise stop and search if reasonable belief that there may be incidents involving serious violence etc.), before the word “or” at the end of paragraph (a), insert—

(aa) that— (i) an incident involving serious violence has taken place in England and Wales in his police area; (ii) a dangerous instrument or offensive weapon used in the incident is being carried in any locality in his police area by a person; and (iii) it is expedient to give an authorisation under this section to find the instrument or weapon;

(2) In section 60(9) of that Act (authorisation must be in writing), at the beginning, insert “ Subject to subsection (9ZA), ”.

(3) After section 60(9) of that Act insert—

(9ZA) An authorisation under subsection (1)(aa) need not be given in writing where it is not practicable to do so but any oral authorisation must state the matters which would otherwise have to be specified under subsection (9) and must be recorded in writing as soon as it is practicable to do so.

(4) In section 60(9A) of that Act (application to British Transport Police)—

(a) after “place” insert “ in England and Wales ”; and

(b) after “2003” insert “ and as if the reference in subsection (1)(aa)(i) above to his police area were a reference to any place falling within section 31(1)(a) to (f) of the Act of 2003 ”.

(5) In section 60(11) of that Act (definitions), in the definition of “offensive weapon”, after “1995” insert “ ; but in subsections (1)(aa), (4), (5) and (6) above and subsection (11A) below includes, in the case of an incident of the kind mentioned in subsection (1)(aa)(i) above, any article used in the incident to cause or threaten injury to any person or otherwise to intimidate ”.

(6) In the heading to section 60 of that Act after “of” insert “ , or after, ”.

Extension of investigatory powers of Revenue and Customs

88

Schedule 12 (which makes provision about the regulation of investigatory powers of Her Majesty's Revenue and Customs) has effect.

Part 4 — General and final provisions

General

Orders

89

(1) Any power of the Secretary of Stateor the Treasury to make an order or regulations under this Act is exercisable by statutory instrument.

(2) Any power of the Secretary of State , the Treasury or the Scottish Ministers to make an order or regulations under this Act—

(a) may be exercised so as to make different provision for different cases or descriptions of case or different purposes;

(b) includes power to make such supplementary, incidental, consequential, transitional, transitory or saving provision as the Secretary of State or (as the case may be) the Treasury considers appropriateor the Scottish Ministers consider appropriate.

(3) No order is to be made by statutory instrument under section 4(4), 49(6), 63(3), 69 or 90, or paragraph 102 of Schedule 8, unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

A statutory instrument containing an order or regulations under any of the following provisions may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—

section 4(4);

section 49(6);

section 63(3);

section 69;

section 90;

paragraph 2(5)(j) of Schedule 1A;

paragraph 102 of Schedule 8.

(4) Subsection (3) does not apply to an order under section 90 which does not amend or repeal any provision of an Act.

(5) An order under section 90 which does not amend or repeal any provision of an Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) An order made by the Secretary of State or the Treasury under section 7(1), 24(9), 27(6) or (12),, 27A(7) 28(6) ..., 29, 33, 40, 68 or 85 is subject to annulment in pursuance of a resolution of either House of Parliament.

(6A) An order under section 4(4A) is subject to the affirmative procedure.

(6B) An order made by the Scottish Ministers under section 7(1A), 27A(7) or (12), 29(1ZA) or (3ZA) or 40 is subject to the negative procedure.

(7) Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(8) Any power of the Department of Justice to make an order under this Act—

(a) may be exercised so as to make different provision for different cases or descriptions of case or different purposes;

(b) includes power to make such supplementary, incidental, consequential, transitional, transitory or saving provision as the Department considers appropriate.

(9) No order is to be made by the Department of Justice under section 4(5), 49(6) or 63(4) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(10) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (9) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

(11) An order made by the Department of Justice under section 7(2), 24(9), 28(6) or (11), 29 or 40 is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

Supplementary, incidental and consequential provision

90

(1) The Secretary of State may by order make such supplementary, incidental or consequential provision as he considers appropriate for the general purposes, or any particular purpose, of this Act or in consequence of any provision made by or under this Act or for giving full effect to this Act or any such provision.

(2) The power conferred by this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (including this Act and any Act passed in the same Session as this Act).

(3) The power conferred by this section does not include the power to make provision which would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.

Transitional and transitory provisions and savings

91

(1) Schedule 13 (transitional and transitory provisions and savings) has effect.

(2) The Secretary of State may by order make such transitional, transitory or saving provision as he considers appropriate in connection with the coming into force of any provision of this Act (other than the provisions specified in section 94(4)).

(3) The Scottish Ministers may by order make such transitional, transitory or saving provision as they consider appropriate in connection with the coming into force of the provisions of this Act specified in section 94(4).

Repeals and revocations

92

Schedule 14 (which contains repeals and revocations) has effect.

Final

Extent

93

(1) The following provisions extend to England and Wales only—

(a) section 78(1) and (2);

(b) section 82(1) and (2);

(d) Parts 1 and 2 of Schedule 7 and section 73 so far as relating to those Parts.

(2) The following provisions extend to England and Wales and Northern Ireland only—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) Part 2 (including Schedules 3 and 4 and Part 1 of Schedule 6) but excluding sections 60 and 61, Schedule 5 and Part 2 of Schedule 6;

(d) section 76(1) to (3);

(e) section 80;

(f) section 81(2); and

(g) section 83(1) and (2).

(3) The following provisions extend to Scotland only—

(a) section 68(5) and (6);

(b) section 69(3);

(d) section 75(4) and (5);

(e) section 76(4) to (6); and

(f) section 86.

(4) The following provisions extend to Northern Ireland only—

(a) section 78(3) and (4);

(b) section 82(3) and (4); and

(5) Any provision of section 61 or Part 2 of Schedule 6 (and any corresponding entry in Schedule 14) has the same extent as the enactment amended, repealed or revoked by it except that—

(a) it does not extend to Scotland; and

(b) paragraph 53 of Schedule 6 does not extend to Northern Ireland.

(6) Any amendment, repeal or revocation by Schedule 5, 8, 10 or 14 of an enactment has (subject to subsection (5)) the same extent as the enactment amended, repealed or revoked.

(7) Subject as above, this Act extends to England and Wales, Scotland and Northern Ireland.

Commencement

94

(1) The preceding provisions of this Act (other than sections 89, 90, 91(2) and (3) and 93 and the provisions specified in subsection (4) but, subject to this, including the Schedules) come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.

(2) The Secretary of State must consult the Scottish Ministers before making an order under subsection (1) in relation to—

(a) section 75(1);

(b) paragraph 2 of Schedule 10; or

(3) The provisions of this Act specified in subsection (4) come into force on such day as the Scottish Ministers may by order appoint; and different days may be appointed for different purposes.

(4) Those provisions are—

(a) section 75(4) and (5);

(b) section 76(4) to (6);

(d) paragraphs 14 to 23 and, so far as extending to Scotland, paragraph 25 of Schedule 10; and

(e) so far as relating to the provisions falling within paragraph (d) above, paragraph 1 of that Schedule and section 77.

Short title

95

This Act may be cited as the Serious Crime Act 2007.

SCHEDULE 1

Part 1 — Serious offences in England and Wales

Drug trafficking

1

(1) An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)—

(a) section 4(2) or (3) (unlawful production or supply of controlled drugs);

(b) section 5(3) (possession of controlled drug with intent to supply);

(ba) section 6 (restriction of cultivation of cannabis plant);

(d) section 20 (assisting in or inducing the commission outside the United Kingdom of an offence punishable under a corresponding law).

(2) An offence under any of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971—

(a) section 50(2) or (3) (improper importation of goods);

(b) section 68(2) (exportation of prohibited or restricted goods);

(3) An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)—

(a) section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act);

(b) section 19 (using a ship for illicit traffic in controlled drugs).

People trafficking

2

(1) An offence under section 25 or 25A of the Immigration Act 1971 (c. 77) (assisting unlawful immigration etc.).

(2) An offence under any of sections 57 to 59A of the Sexual Offences Act 2003 (c. 42) (trafficking for sexual exploitation).

(3) An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (trafficking people for exploitation).

(4) An offence under section 2 of the Modern Slavery Act 2015.

Arms trafficking

3

(1) An offence under any of the following provisions of the Firearms Act 1968—

(a) section 1(1) (possession etc of firearms or ammunition without certificate);

(b) section 2(1) (possession etc of shot gun without certificate);

(d) section 5(1), (1A) or (2A) (possession, manufacture etc of prohibited weapons).

(2) An offence under either of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a firearm or ammunition—

(a) section 68(2) (exportation of prohibited or restricted goods);

(b) section 170 (fraudulent evasion of duty etc ).

(3) In sub-paragraph (2) “ firearm ” and “ ammunition ” have the same meanings as in section 57 of the Firearms Act 1968.

Prostitution and child sex

4

(1) An offence under section 33A of the Sexual Offences Act 1956 (c. 69) (keeping a brothel used for prostitution).

(2) An offence under any of the following provisions of the Sexual Offences Act 2003 (c. 42)—

(a) section 14 (arranging or facilitating commission of a child sex offence);

(b) section 48 (causing or inciting sexual exploitation of a child);

(d) section 50 (arranging or facilitating sexual exploitation of a child);

(e) section 52 (causing or inciting prostitution for gain);

(f) section 53 (controlling prostitution for gain).

Armed robbery etc.

5

(1) An offence under section 8(1) of the Theft Act 1968 (c. 60) (robbery) where the use or threat of force involves a firearm, an imitation firearm or an offensive weapon.

(2) An offence at common law of an assault with intent to rob where the assault involves a firearm, imitation firearm or an offensive weapon.

(3) In this paragraph—

“firearm” has the meaning given by section 57(1) of the Firearms Act 1968;

“imitation firearm” has the meaning given by section 57(4) of that Act;

“offensive weapon” means any weapon to which section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) applies.

Money laundering

6

An offence under any of the following provisions of the Proceeds of Crime Act 2002 (c. 29)—

(a) section 327 (concealing etc. criminal property);

(b) section 328 (facilitating the acquisition etc. of criminal property by or on behalf of another);

Fraud

7

(1) An offence under section 17 of the Theft Act 1968 (c. 60) (false accounting).

(2) An offence under any of the following provisions of the Fraud Act 2006 (c. 35)—

(a) section 1 (fraud by false representation, failing to disclose information or abuse of position);

(b) section 6 (possession etc. of articles for use in frauds);

(d) section 9 (participating in fraudulent business carried on by sole trader etc.);

(e) section 11 (obtaining services dishonestly).

(2A) An offence under section 199 of the Economic Crime and Corporate Transparency Act 2023 (failure to prevent fraud offences).

(3) An offence at common law of conspiracy to defraud.

Offences in relation to public revenue

8

(1) An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty etc.) so far as not falling within paragraph 1(2)(c) or 3(1)(b) above.

(2) An offence under section 72 of the Value Added Tax Act 1994 (c. 23) (fraudulent evasion of VAT etc.).

(3) An offence under section 106A of the Taxes Management Act 1970 (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.

(6) An offence under section 45 or 46 of the Criminal Finances Act 2017 (failure to prevent the facilitation of UK tax evasion offences or foreign tax evasion offences).

Corruption and bribery

9

An offence under any of the following provisions of the Bribery Act 2010—

(a) section 1 (offences of bribing another person);

(b) section 2 (offences relating to being bribed);

Counterfeiting

10

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

11

(1) An offence under section 21 of the Theft Act 1968 (c. 60) (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

12

(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

13

(1) An offence under section 1 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (fishing ...with prohibited implements etc.).

(2) An offence under section 14 of the Wildlife and Countryside Act 1981 (c. 69) (introduction of new species etc.).

(3) An offence under section 33 of the Environmental Protection Act 1990 (c. 43) (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste).

(4) An offence under paragraph 1(2) of Schedule 1 to the Control of Trade in Endangered Species Regulations 2018 (S.I. 2018/703).

(5) An offence under paragraph 2 of that Schedule which consists of the conduct specified in the table in that paragraph as the subject matter of Article 16(1)(c) or (d) of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein.

Inchoate offences

14

(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

15

(1) This Part of this Schedule (apart from paragraph 14(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 14(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

16

Where this Part of this Schedule refers to offences which are offences under the law of England and Wales and another country, the reference is to be read as limited to the offences so far as they are offences under the law of England and Wales.

Part 2 — Serious offences in Northern Ireland

Drug trafficking

17

(1) An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)—

(a) section 4(2) or (3) (unlawful production or supply of controlled drugs);

(b) section 5(3) (possession of controlled drug with intent to supply);

(ba) section 6 (restriction of cultivation of cannabis plant);

(d) section 20 (assisting in or inducing the commission outside the United Kingdom of an offence punishable under a corresponding law).

(2) An offence under any of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971—

(a) section 50(2) or (3) (improper importation of goods);

(b) section 68(2) (exportation of prohibited or restricted goods);

(3) An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)—

(a) section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act);

(b) section 19 (using a ship for illicit traffic in controlled drugs).

People trafficking

18

(1) An offence under section 25 or 25A of the Immigration Act 1971 (c. 77) (assisting unlawful immigration etc.).

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) An offence under section1 or 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

Arms trafficking

19

(1) An offence under either of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a firearm or ammunition—

(a) section 68(2) (exportation of prohibited or restricted goods);

(b) section 170 (fraudulent evasion of duty etc.).

(2) An offence under any of the following provisions of the Firearms (Northern Ireland) Order 2004 ( S.I. 2004/702 (N.I. 3))—

(a) Article 3 (possession etc of firearms or ammunition without certificate);

(b) Article 24 (dealing etc in firearms or ammunition by way of trade or business without being registered);

(3) In this paragraph “firearm” and “ammunition” have the same meanings as in Article 2(2) of the Firearms (Northern Ireland) Order 2004.

Prostitution and child sex

20

(1) An offence under section 13(1) of the Criminal Law Amendment Act 1885 (c. 69) (keeping a brothel used for prostitution).

(2) An offence under any of the following provisions of the Sexual Offences Act 2003—

(a) section 48 (causing or inciting child prostitution or pornography);

(b) section 49 (controlling a child prostitute or a child involved in pornography);

(d) section 52 (causing or inciting prostitution for gain);

(e) section 53 (controlling prostitution for gain).

Armed robbery etc.

21

(1) An offence under section 8(1) of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) (robbery) where the use or threat of force involves a firearm, an imitation firearm or an offensive weapon.

(2) An offence at common law of an assault with intent to rob where the assault involves a firearm, imitation firearm or an offensive weapon.

(3) In this paragraph—

“firearm” and “imitation firearm” have the meaning given by Article 2(2) of the Firearms (Northern Ireland) Order 2004;

“offensive weapon” means any weapon to which section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) applies.

Money laundering

22

An offence under any of the following provisions of the Proceeds of Crime Act 2002 (c. 29)—

(a) section 327 (concealing etc. criminal property);

(b) section 328 (facilitating the acquisition etc. of criminal property by or on behalf of another);

Fraud

23

(1) An offence under section 17 of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) (false accounting).

(2) An offence under any of the following provisions of the Fraud Act 2006 (c. 35)—

(a) section 1 (fraud by false representation, failing to disclose information or abuse of position);

(b) section 6 (possession etc. of articles for use in frauds);

(d) section 9 (participating in fraudulent business carried on by sole trader etc.);

(e) section 11 (obtaining services dishonestly).

(2A) An offence under section 199 of the Economic Crime and Corporate Transparency Act 2023 (failure to prevent fraud offences).

(3) An offence at common law of conspiracy to defraud.

Offences in relation to public revenue

24

(1) An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty etc.) so far as not falling within paragraph 17(2)(c) or 19(1)(b) above.

(2) An offence under section 72 of the Value Added Tax Act 1994 (c. 23) (fraudulent evasion of VAT etc.).

(3) An offence under section 106A of the Taxes Management Act 1970 (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.

(6) An offence under section 45 or 46 of the Criminal Finances Act 2017 (failure to prevent the facilitation of UK tax evasion offences or foreign tax evasion offences).

Corruption and bribery

25

An offence under any of the following provisions of the Bribery Act 2010—

(a) section 1 (offences of bribing another person);

(b) section 2 (offences relating to being bribed);

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 paragraph 1(2) of Schedule 1 to the Control of Trade in Endangered Species Regulations 2018 (S.I. 2018/703).

(5) An offence under paragraph 2 of that Schedule which consists of the conduct specified in the table in that paragraph as the subject matter of Article 16(1)(c) or (d) of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein.

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.

SCHEDULE 2

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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;

(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).

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;

(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 28 or otherwise);

(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.

SCHEDULE 3

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 or the United Kingdom).

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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).

SCHEDULE 4

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.

SCHEDULE 5

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) (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—

(46) (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 ”.

SCHEDULE 6

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

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