First Group of Parts

Discipline
Part 1

Offences

Criminal conduct

Provision supplementary to sections 43 to 47
48
1
This section applies where—
a
an attempt, agreement or incitement, or a person’s aiding, abetting, counselling or procuring, is an offence under section 42 by reason of section 43, 45, 46 or 47; and
b
the act to which it relates (“the contemplated act”) is not an act that is (or that if done would have been) punishable by the law of England and Wales.
2
For the following purposes it shall be assumed that the contemplated act amounted to the offence under the law of England and Wales that it would have amounted to if it had been the equivalent act in England or Wales.
3
Those purposes are—
a
the purpose of determining what punishment may be imposed for the offence under section 42;
b
the purpose of determining for the purposes of any of the following provisions of this Act whether the act constituting the offence under section 42, or the equivalent act done in England or Wales, is or would be—
i
an offence under the law of England and Wales;
ii
any particular such offence;
iii
such an offence of any particular description.