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Criminal Justice (Terrorism and Conspiracy) Act 1998

Status:

This is the original version (as it was originally enacted).

SCHEDULES

Section 9(1).

SCHEDULE 1Consequential Amendments

Part IProscribed Organisations

Criminal Justice Act 1988 (c. 33)

1In section 74(2) of the Criminal Justice Act 1988 (property not realisable) the word “or” at the end of paragraph (c) shall be omitted and at the end of paragraph (d) there shall be inserted or

(e)an order under section 4(3) of the Criminal Justice (Terrorism and Conspiracy) Act 1998 (forfeiture orders),.

Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)

2In Schedule 3 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (supervision of detention and examination powers) in paragraph 3(3)(a)(i) for “(in the case of detention under section 14) or under section 8” there shall be substituted “or under section 30 of the Northern Ireland (Emergency Provisions) Act 1996 (in the case of detention under section 14 of this Act) or under section 8 of this Act”.

Drug Trafficking Act 1994 (c. 37)

3In section 6(3) of the Drug Trafficking Act 1994 (property not realisable) after paragraph (e) there shall be inserted—

(f)section 4(3) of the Criminal Justice (Terrorism and Conspiracy) Act 1998 (forfeiture orders).

Part IIConspiracy

Criminal Law Act 1977 (c. 45)

4In section 1 of the Criminal Law Act 1977 (conspiracy) the following shall cease to have effect—

(a)subsections (1A) and (1B),

(b)in subsection (4), the words from “except that” to the end, and

(c)subsections (5) and (6).

Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13)).

5In Article 9 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (conspiracy) the following shall cease to have effect—

(a)paragraphs (1A) and (1B),

(b)in paragraph (4), the words from “except that” to the end, and

(c)paragraphs (5) and (6).

Computer Misuse Act 1990 (c. 18)

6(1)In section 8 of the Computer Misuse Act 1990 (relevance of external law)—

(a)subsection (2) shall cease to have effect,

(b)in subsection (5), for “any of subsections (1) to (3)” there shall be substituted “subsection (1) or (3)”, and

(c)subsection (6)(b) shall cease to have effect.

(2)Section 9(2)(b) of that Act (British citizenship immaterial: conspiracy) shall cease to have effect.

(3)In section 16 of that Act (application to Northern Ireland)—

(a)in subsection (4), for “Subsections (5) to (7) below apply in substitution for subsections (1) to (3) of section 7” there shall be substituted “Subsection (7) below shall apply in substitution for subsection (3) of section 7”, and

(b)subsections (5), (6) and (8)(a) shall cease to have effect.

Criminal Justice Act 1993 (c. 36)

7(1)Section 5(1) of the Criminal Justice Act 1993 (conspiracy, attempt and incitement) shall cease to have effect.

(2)In section 6(1) of that Act (relevance of external law) the words “by virtue of section 1A of the Criminal Law Act 1977, or” shall cease to have effect.

Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

8Section 16A of the Criminal Law (Consolidation) (Scotland) Act 1995 (conspiracy or incitement to commit certain sexual acts outside the United Kingdom) shall be amended as follows—

(a)in subsection (1) omit the words “conspiracy or” and “the criminal purpose or, as the case may be,”,

(b)in subsection (2) omit the words “the criminal purpose or, as the case may be,” and “conspiracy or”,

(c)in subsection (3) omit paragraph (a) and the words “(b) in the case of proceedings charging incitement”, and

(d)in subsection (5) omit paragraph (a) and the words “(b) in relation to proceedings charging incitement”.

Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)

9(1)Section 1 of the Sexual Offences (Conspiracy and Incitement) Act 1996 (conspiracy to commit certain sexual acts outside the United Kingdom) shall cease to have effect.

(2)Section 3 of that Act (supplementary) shall be amended as follows—

(a)in subsection (1) for “sections 1 and 2” substitute “section 2”,

(b)in subsection (2)—

(i)omit “1(3) or”, and

(ii)for “the relevant conduct” substitute “what the accused had in view”,

(c)omit subsection (3),

(d)in subsection (6) omit “1 or”,

(e)omit subsection (7), and

(f)in subsection (9)—

(i)for “Subsections (7) and (8) apply” substitute “Subsection (8) applies”, and

(ii)for “sections 1 and 2” substitute “section 2”.

(3)Section 4(b) and (c) of that Act (application to Northern Ireland) shall cease to have effect.

(4)In section 7(3) of that Act (commencement), the word “1” shall cease to have effect.

Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))

10(1)Article 42(1)(b) of the Criminal Justice (Northern Ireland) Order 1996 (attempt, conspiracy and incitement) shall cease to have effect.

(2)In Article 43(2) of that Order (relevance of external law) the words “by virtue of Article 9A of that Order, or” shall cease to have effect.

Section 9(2).

SCHEDULE 2Repeals and Revocations

Part IProscribed Organisations

ChapterShort titleExtent of repeal
1988 c. 33.Criminal Justice Act 1988.In section 74(2) the word “or” at the end of paragraph (c).

Part IIConspiracy

ChapterShort titleExtent of repeal
1977 c. 45.Criminal Law Act 1977.In section 1, subsections (1A) and (1B), the words in subsection (4) from “except that” to the end, and subsections (5) and (6).
S.I. 1983/1120 (N.I. 13).Criminal Attempts and Conspiracy (Northern Ireland) Order 1983In Article 9, paragraphs (1A) and (1B), the words in paragraph (4) from “except that” to the end, and paragraphs (5) and (6).
1990 c. 18.Computer Misuse Act 1990.Section 7(1) and (2).
Section 8(2) and (6)(b).
Section 9(2)(b).
Section 16(5), (6) and (8)(a).
1993 c. 36.Criminal Justice Act 1993.Section 5(1).
In section 6(1), the words “by virtue of section 1A of the Criminal Law Act 1977, or”.
1995 c. 39.Criminal Law (Consolidation) (Scotland) Act 1995.In section 16A, in subsection (1) the words “conspiracy or” and “the criminal purpose or, as the case may be,”, in subsection (2) the words “the criminal purpose or, as the case may be,” and “conspiracy or”, in subsection (3) paragraph (a) and the words “(b) in the case of proceedings charging incitement” and in subsection (5) paragraph (a) and the words “(b) in relation to proceedings charging incitement”.
1996 c. 29.Sexual Offences (Conspiracy and Incitement) Act 1996.Section 1.
In section 3, the words “1(3) or” in subsection (2), subsection (3), the words “1 or” in subsection (6) and subsection (7).
Section 4(b) and (c).
In section 7(3), the word “1”.
S.I. 1996/3160 (N.I. 24).Criminal Justice (Northern Ireland) Order 1996.Article 42(1)(b).
In Article 43(2), the words “by virtue of Article 9A of that Order, or”.

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