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PART IVN.I.CONSPIRACY

Abolitions, savings, transitional provisions and amendmentsN.I.

13.—(1) Subject to the following provisions of this Article, the offence of conspiracy at common law is hereby abolished.

(2) Paragraph (1) shall not affect the offence of conspiracy at common law so far as relates to conspiracy to defraudF1. . . .

(3) Paragraph (1) shall not affect the offence of conspiracy at common law if and in so far as it may be committed by entering into an agreement to engage in conduct which—

(a)tends to corrupt public morals or outrages public decency; but

(b)would not amount to or involve the commission of an offence if carried out by a single person otherwise than in pursuance of an agreement.

(4) Paragraph (1) shall not affect—

(a)any proceedings commenced before the time when this Order comes into operation;

(b)any proceedings commenced after that time against a person charged with the same conspiracy as that charged in any proceedings commenced before that time.

(5) References in any statutory provision which fall to be construed as references to the offence of conspiracy at common law shall, in so far as they relate to an offence abolished by paragraph (1), be construed as references to the offence under Article 9.

(6) Articles 9 and 10 shall apply to things done before as well as to things done after the time when this Order comes into operation.

(7) The rules laid down by Articles 9 and 10 shall apply for determining whether a person is guilty of an offence of conspiracy under any statutory provision other than Article 9 but conduct which is an offence under any such other statutory provision shall not also be an offence under Article 9.

(8) F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) The fact that the person or persons who, so far as appears from the indictment or complaint on which any person has been convicted of conspiracy, was or were the only other party or parties to the agreement on which his conviction was based has or have been acquitted of conspiracy by reference to that agreement (whether after being tried with the person convicted or separately) shall not be a ground for quashing his conviction unless under all the circumstances of the case his conviction is inconsistent with the acquittal of the other person or persons in question.

(10) Any rule of law or practice inconsistent with the provisions of paragraph (9) is hereby abolished.

(11) Nothing in Article 9 (4) affects the operation of section 6 of the Criminal Jurisdiction Act 1975.

(12) The following statutory provisions shall cease to have effect, namely—

(a)in section 4 of the Offences against the Person Act 1861 the words preceding “whosoever”; and

Sub‐para. (b) rep. by 1995 NI 12

Annotations:

F11988 NI 16

F2Art. 13(8) repealed (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(2), 92, 94(1), Sch. 6 para. 57, Sch. 14 (with transitional and transitory provisions and savings in s. 91(1), Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(i)