Part 2 U.K. Encouraging or assisting crime

Modifications etc. (not altering text)

C1 Pt. 2 restricted by 2007 c. 19, s. 18(1A) (as inserted (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 62, 94(1) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a))

C2 Pt. 2 applied (with modifications) by 2003 c. 42, Sch. 4 para. 6(3) (as inserted (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 3(5), 15(1))

Consequential alterations of the law U.K.

59 Abolition of common law replaced by this Part E+W+N.I.

The common law offence of inciting the commission of another offence is abolished.

Commencement Information

I1 S. 59 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

60 Amendments relating to service law U.K.

Schedule 5 (which amends enactments relating to service law) has effect.

Commencement Information

I2 S. 60 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

61 Repeal of offence of enabling unauthorised access to computer material U.K.

(1) The Police and Justice Act 2006 (c. 48) is amended as follows.

(2) In section 35 (unauthorised access to computer material), omit subsection (2).

(3) In section 36 (unauthorised acts with intent to impair operation of computer, etc.), in the section to be substituted for section 3 of the Computer Misuse Act 1990 (c. 18)—

(a) in subsection (2)—

(i) at the end of paragraph (b), insert “ or ”; and

(ii) omit paragraph (d) and the word “or” preceding it;

(b) in subsection (3) for “to (d)” substitute “ to (c) ”.

(4) In section 38 (transitional and saving provision), omit subsection (1).

(5) In Schedule 14 (minor and consequential amendments), omit paragraphs 19(2) and 29(2).

Commencement Information

I3 S. 61 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

62 No individual liability in respect of corporate manslaughter E+W+N.I.

In section 18 of the Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19) (no individual liability for offences under that Act) after subsection (1) insert—

“(1A) An individual cannot be guilty of an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) by reference to an offence of corporate manslaughter.”

Commencement Information

I4 S. 62 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

63 Consequential amendments: Part 2 E+W+N.I.

(1) In the provisions listed in Part 1 of Schedule 6, any reference however expressed to (or to conduct amounting to) the offence abolished by section 59 has effect as a reference to (or to conduct amounting to) the offences under this Part.

(2) Part 2 of Schedule 6 contains other minor and consequential amendments.

(3) The Secretary of State may by order amend Part 1 of Schedule 6 [F1 as it applies to England and Wales] by adding or removing a provision.

[F2 (4) The Department of Justice in Northern Ireland may by order amend Part 1 of Schedule 6 as it applies to Northern Ireland by adding or removing a provision.]

Textual Amendments

F1 Words in s. 63(3) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 9(2) (with arts. 28-31)

F2 S. 63(4) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 9(3) (with arts. 28-31)

Commencement Information

I5 S. 63 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)