Schedule 3 relates to Clause 44. As discussed in relation to Amendment No. 100, subsections (4) and (5) of that clause restrict liability for the offences in this part. Liability will not arise where the offence that D encourages or assists is another offence in this part or an offence listed in Schedule 3, unless D acts with intent.
Schedule 3 comprises statutory forms of incitement, the other inchoate offences of conspiracy and attempt, and offences contained in the Criminal Law Act 1967, to which the noble Baroness referred, of post-offence assistance. For example, D encourages P to conspire with X to commit murder. D intends that P should conspire to commit murder. D can be guilty of an offence under Clause 39. However, if D only believes that P will conspire with X to commit murder, he will not be guilty of an offence under Clause 40 because conspiracy is listed in Schedule 3 and is therefore one of the offences to which Clause 40 does not apply, under Clause 44(4).
We have already discussed the reasons for that restriction. Clause 44 and Schedule 3 ensure that liability will not extend too far. As we said earlier, we are currently considering whether further offences should be added to Schedule 3 to ensure that it is complete. If necessary, we would seek agreement to make any amendments to this schedule on Report.
In Schedule 3, the statutory offence is of incitement, which D will be able to encourage or assist only if he intends it to happen. The intention is important there. The noble Baroness asked about the overlap between this Bill and other legislation. The Bill will cover the ground covered by common-law incitement, for example, but it does not affect in any way specific statutory incitement offences. The noble Baroness explained that the purpose of the amendments was slightly different in some cases and there needs to be some variation in the responses given. We will, of course, pass over some of those issues.
The noble Baroness asked why we do not repeal offences in Schedule 3, a fair point and a fair question. We have considered whether offences in Schedule 3 could be brought within Part 2. Those have been enacted for specific reasons and sometimes have specific penalties, so they could not be brought within Part 2. On the reference to the Terrorism Act in Schedule 3, that offence is unaffected by this Bill. Any further changes to those terrorism offences would be addressed at some future time. I hope that those points further elucidate matters to the satisfaction of the noble Baroness.
Serious Crime Bill [HL]
Proceeding contribution from
Lord Bassam of Brighton
(Labour)
in the House of Lords on Wednesday, 21 March 2007.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Serious Crime Bill [HL].
Type
Proceeding contribution
Reference
690 c1255 
Session
2006-07
Chamber / Committee
House of Lords chamber
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