Criminal Justice and Licensing (Scotland) Act 2010

30 Directing serious organised crime

(1) A person commits an offence by directing another person—

(a) to commit a serious offence,

(b) to commit an offence aggravated by a connection with serious organised crime under section 29.

(2) A person commits an offence by directing another person to direct a further person to commit an offence mentioned in subsection (1).

(3) For the purposes of subsections (1) and (2), a person directs another person to commit an offence if the person—

(a) does something, or a series of things, to direct the person to commit the offence,

(b) intends that the thing or things done will persuade the person to commit the offence, and

(c) intends that the thing or things done will—

(i) result in a person committing serious organised crime, or

(ii) enable a person to commit serious organised crime.

(4) The person directing the other person commits an offence under subsection (1) whether or not the other person in fact commits—

(a) a serious offence, or

(b) an offence aggravated by a connection with serious organised crime under section 29.

(5) In this section “directing” a person to commit an offence includes inciting the person to commit the offence.

(6) A person guilty of an offence under subsection (1) or (2) is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 14 years or to a fine or to both,

(b) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both.