C1C2Part 2Encouraging or assisting crime

Annotations:
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

I2C159C1Abolition of common law replaced by this Part

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

I3C160C1Amendments relating to service law

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

I4C161C1Repeal of offence of enabling unauthorised access to computer material

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).

I1C162C1No individual liability in respect of corporate manslaughter

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.

I5C163C1Consequential amendments: Part 2

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 F2as it applies to England and Wales by adding or removing a provision.

F14

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.