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Serious Crime Act 2007

Consequential alterations of the law

Section 59:  Abolition of common law replaced by this Part

223.This section abolishes the common law offence of incitement.

Section 60: Amendments relating to service law

224.This section brings into effect the amendments to service law which are set out in Schedule 5. The amendments are necessary because of the abolition of the common law offence of inciting the commission of another offence (section 59), and the replacement of that offence with the three new statutory offences provided for in sections 44 – 46.

Section 61: Repeal of offence of enabling unauthorised access to computer material

225.This section amends the Police and Justice Act 2006 to allow for computer misuse enabling offences created by that Act to be dealt with instead by the new offences included in Part 2 of the Bill.

Section 62: No individual liability in respect of corporate manslaughter

226.This section prevents the offences in Part 2 from applying to corporate manslaughter. This means that an individual cannot be guilty of an offence of encouraging or assisting the offence of corporate manslaughter.

Section 63: Consequential amendments: Part 2

227.This section is consequential and provides that references in existing legislation to the common law offence of incitement (these references are set out in Part 1 of Schedule 6) are to be read as references to the offences in sections 44, 45 and 46. Subsection (3) allows this list to be amended.

228.Part 2 of Schedule 6 contains other minor amendments to existing legislation.

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