Search Legislation

Serious Crime Act 2007

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: SCHEDULE 5

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Serious Crime Act 2007, SCHEDULE 5. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Section 60

SCHEDULE 5E+W+N.I.Amendments relating to service law

This schedule has no associated Explanatory Notes

Criminal Justice Act 1982 (c. 48)E+W+N.I.

1E+W+N.I.In section 32 of the Criminal Justice Act 1982 (early release of prisoners), in subsection (2A) for “incitement” substitute “ encouragement and assistance ”.

Commencement Information

I1Sch. 5 para. 1 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Sexual Offences (Amendment) Act 1992 (c. 34)E+W+N.I.

2E+W+N.I.In section 6 of the Sexual Offences (Amendment) Act 1992 (interpretation), in subsection (1A) for “incitement” substitute “ encouragement and assistance ”.

Commencement Information

I2Sch. 5 para. 2 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)E+W+N.I.

3E+W+N.I.In section 114 of the Powers of Criminal Courts (Sentencing) Act 2000 (offences under service law), in subsection (3) for “incitement” substitute “ encouragement and assistance ”.

Commencement Information

I3Sch. 5 para. 3 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Sexual Offences Act 2003 (c. 42)E+W+N.I.

4(1)The Sexual Offences Act 2003 is amended as follows.E+W+N.I.

(2)In paragraph 93A of Schedule 3 (sexual offences for purposes of Part 2), in sub-paragraph (3) for “incitement” substitute “ encouragement and assistance ”.

(3)In paragraph 172A of Schedule 5 (other offences for purposes of Part 2), in sub-paragraph (2) for “incitement” substitute “ encouragement and assistance ”.

Commencement Information

I4Sch. 5 para. 4 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Criminal Justice Act 2003 (c. 44)E+W+N.I.

5E+W+N.I.In section 233 of the Criminal Justice Act 2003 (offences under service law), in subsection (2) for “incitement” substitute “ encouragement and assistance ”.

Commencement Information

I5Sch. 5 para. 5 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Gambling Act 2005 (c. 19)E+W+N.I.

6E+W+N.I.In Part 1 of Schedule 7 to the Gambling Act 2005 (relevant offences), in paragraph 22A for “incitement” substitute “ encouragement and assistance ”.

Commencement Information

I6Sch. 5 para. 6 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Armed Forces Act 2006 (c. 52)E+W+N.I.

7E+W+N.I.The Armed Forces Act 2006 is amended as follows.

Commencement Information

I7Sch. 5 para. 7 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

8E+W+N.I.In section 39 (attempts), in subsection (4)(b) for “inciting another person to commit” substitute “ encouraging or assisting the commission of ”.

Commencement Information

I8Sch. 5 para. 8 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

9E+W+N.I.For section 40 (incitement) substitute—

40Encouraging and assisting

(1)A person subject to service law commits an offence if he encourages or assists the commission of a service offence (other than an offence under section 42).

(2)A civilian subject to service discipline commits an offence if he encourages or assists the commission of an offence mentioned in section 39(4).

(3)Reference in this section to encouraging or assisting the commission of an offence is to the doing of an act that would have constituted an offence under Part 2 of the Serious Crime Act 2007 if the offence encouraged or assisted had been an offence under the law of England and Wales.

(4)In determining whether an act would have constituted an offence under that Part, section 49(4) of that Act has effect as if for “offences under this Part and listed offences” it read “offences under sections 39 and 40 of the Armed Forces Act 2006”.

(5)Any requirement in that Part to specify matters in an indictment applies for the purposes of this section as it applies for the purposes of that Part, but with references to the indictment being read as references to the charge sheet.

(6)A person guilty of an offence under this section is liable to the same punishment as he would be liable to if guilty of—

(a)the service offence encouraged or assisted; or

(b)if convicted of the offence under this section by reference to more than one such service offence, any one of those service offences.

Commencement Information

I9Sch. 5 para. 9 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

10E+W+N.I.Accordingly, in the heading immediately before section 39 for “incitement” substitute “ encouragement and assistance ”.

Commencement Information

I10Sch. 5 para. 10 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

11E+W+N.I.For section 46 (inciting criminal conduct) substitute—

46Encouraging or assisting criminal conduct

(1)Subsection (2) applies if a person subject to service law, or a civilian subject to service discipline, encourages or assists the doing of an act (or one or more of a number of acts) that, if done in England or Wales, would be punishable by the law of England and Wales.

(2)Regardless of where that act (or those acts) might be done and of his state of mind with respect to that question, his encouragement or assistance shall be treated for the purposes of section 42(1) as an act that is punishable by the law of England and Wales (so far as it is not such an act in any event).

(3)Reference in this section to encouraging or assisting is to an act that would constitute an offence under Part 2 of the Serious Crime Act 2007 disregarding any provision in that Part about the place where the act (or acts) being encouraged or assisted might be done or the accused's state of mind with respect to that question.

Commencement Information

I11Sch. 5 para. 11 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

12E+W+N.I.In section 48 (provision supplementary to sections 43 to 47), in subsection (1)(a) for “incitement” substitute “ encouragement or assistance ”.

Commencement Information

I12Sch. 5 para. 12 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

13E+W+N.I.In Schedule 2 (list of serious offences)—

(a)in paragraph 11 for “inciting another person to commit” substitute “ encouraging or assisting the commission of ”;

(b)in paragraph 13 for “of incitement to commit” substitute “ under Part 2 of the Serious Crime Act 2007 of encouraging or assisting the commission of ”.

Commencement Information

I13Sch. 5 para. 13 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources