Part 1Serious Crime Prevention Orders
General
4Involvement in serious crime: supplementary
(1)
In considering for the purposes of this Part whether a person has committed a serious offence—
(a)
the court must decide that the person has committed the offence if—
(i)
he has been convicted of the offence; and
(ii)
the conviction has not been quashed on appeal nor has the person been pardoned of the offence; but
(b)
the court must not otherwise decide that the person has committed the offence.
(2)
In deciding for the purposes of this Part whether a person (“the respondent”) facilitates the commission by another person of a serious offence, the court must ignore—
(a)
any act that the respondent can show to be reasonable in the circumstances; and
(b)
subject to this, his intentions, or any other aspect of his mental state, at the time.
(3)
In deciding for the purposes of this Part whether a person (“the respondent”) conducts himself in a way that is likely to facilitate the commission by himself or another person of a serious offence (whether or not such an offence is committed), the court must ignore—
(a)
any act that the respondent can show to be reasonable in the circumstances; and
(b)
subject to this, his intentions, or any other aspect of his mental state, at the time.
(4)
The Secretary of State may by order amend Schedule 1.