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Criminal Law Act 1977

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3 Penalties for conspiracy.E+W

(1)A person guilty by virtue of section 1 above of conspiracy to commit any offence or offences shall be liable on conviction on indictment—

(a)in a case falling within subsection (2) or (3) below, to imprisonment for a term related in accordance with that subsection to the gravity of the offence or offences in question (referred to below in this section as the relevant offence or offences); and

(b)in any other case, to a fine.

Paragraph (b) above shall not be taken as prejudicing the application of [F1section 163 of the Criminal Justice Act 2003] (general power of court to fine offender convicted on indictment) in a case falling within subsection (2) or (3) below.

(2)Where the relevant offence or any of the relevant offences is an offence of any of the following descriptions, that is to say—

(a)murder, or any other offence the sentence for which is fixed by law;

(b)an offence for which a sentence extending to imprisonment for life is provided; or

(c)an indictable offence punishable with imprisonment for which no maximum term of imprisonment is provided,

the person convicted shall be liable to imprisonment for life.

(3)Where in a case other than one to which subsection (2) above applies the relevant offence or any of the relevant offences is punishable with imprisonment, the person convicted shall be liable to imprisonment for a term not exceeding the maximum term provided for that offence or (where more than one such offence is in question) for any one of those offences (taking the longer or the longest term as the limit for the purposes of this section where the terms provided differ).

In the case of an offence triable either way the references above in this subsection to the maximum term provided for that offence are references to the maximum term so provided on conviction on indictment.

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Amendments (Textual)

F1Words in s. 3(1) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 24; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(13) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

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