Schedule 1
77.This Schedule contains consequential amendments to other legislation. These are as follows.
Ministry of Defence Police Act 1987
78.Section 2 of that Act gives the Ministry of Defence Police the same powers as normal police, in relation to services property or personnel, including with regard to offences involving the bribery of such persons. That Act is amended to refer to offences under this Act rather than those under the Prevention of Corruption Acts 1889 to 1916.
Criminal Justice Act 1987
79.Section 2A of that Act gives the Director of the Serious Fraud Office power to investigate corruption offences. The amendment replaces the references to the Prevention of Corruption Acts with references to offences under this Act. The offences in question are the bribery of foreign officials (section 6), and the general bribery offence (sections 1 and 2) where the functions in question are performed outside or unconnected with the UK.
International Criminal Court Act 2001
80.Sections 54 and 61 of that Act set out the relevant domestic offences in relation to the International Criminal Court in the law of England and Wales, and Northern Ireland respectively. The amendments make clear that offences under this Act are also relevant domestic offences.
International Criminal Court (Scotland) Act 2001
81.Section 4 of that Act sets out the relevant domestic offences under Scots law in relation to the International Criminal Court. The amendment updates the references to the Prevention of Corruption Act 1906 and to the common law by substituting a reference to the offences under the Act.
Serious Organised Crime and Police Act 2005
82.Chapter 1 of Part 2 of that Act gives investigatory powers to the Director of Public Prosecutions and other prosecuting authorities in relation to offences listed in section 61. This list was amended by SI 2006/1629 to include common law bribery and offences under the Prevention of Corruption Acts. These offences are now replaced by the offences under this Act.
83.A similar amendment applies to section 76 (and section 77 in respect of Scotland), which gives the court power to make a financial reporting order in dealing with a person convicted of (among other offences) corruption offences.
Armed Forces Act 2006
84.Schedule 2 of that Act lists serious civilian offences the possible commission of which, if suspected, must be referred to a service police force. The list of civilian offences is amended to include the offences under this Act.
Serious Crime Act 2007
85.Section 53 of that Act requires the Attorney General’s consent prior to commencing proceedings where there is an international element to an offence of encouraging or assisting crime under the 2007 Act. This amendment ensures that the requirement for the Attorney General’s consent will not apply in the case of encouraging or assisting bribery by excluding from section 53 any offence to which section 10 (consent to prosecution) of this Act applies.
86.The Serious Crime Act also creates a power to make a “serious crime prevention order” in relation to offences listed in Schedule 1 of the Act. Part 1 of that Schedule, relating to offences in England and Wales, includes offences under the Prevention of Corruption Acts. Those offences are replaced with offences under sections 1, 2 and 6 of this Act. A corresponding amendment is made in Part 2 of the same Schedule in relation to Northern Ireland.
