Office of Public Sector Information
Section 52(2)
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
(c) either—
(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
(c) requiring the prosecution to show that it is satisfied.
(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
(c) D could be tried under the law of England and Wales if he committed the anticipated offence in that place.
(2) For the purposes of sub-paragraph (1)(c), D is to be assumed to be able to commit the anticipated offence.
4 In relation to an offence under section 46, a reference in this Schedule to the anticipated offence is to be read as a reference to any of the offences specified in the indictment.
Section 60
1 In section 32 of the Criminal Justice Act 1982 (early release of prisoners), in subsection (2A) for “incitement” substitute “encouragement and assistance”.
2 In section 6 of the Sexual Offences (Amendment) Act 1992 (interpretation), in subsection (1A) for “incitement” substitute “encouragement and assistance”.
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”.
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”.
5 In section 233 of the Criminal Justice Act 2003 (offences under service law), in subsection (2) for “incitement” substitute “encouragement and assistance”.
6 In Part 1 of Schedule 7 to the Gambling Act 2005 (relevant offences), in paragraph 22A for “incitement” substitute “encouragement and assistance”.
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—
(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—
(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”.
Serious Crime Act 2007