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PDF the Whole Status: Point in time view as at 31/10/1991. This version of this Act contains provisions that are not valid for this point in time. Changes to legislation: Criminal Law Act 1977 is up to date with all changes known to be in force on or before 03 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) Criminal Law Act 1977 1977 CHAPTER 45 An Act to amend the law of England and Wales with respect to criminal conspiracy; to make new provision in that law, in place of the provisions of the common law and the Statutes of Forcible Entry, for restricting the use or threat of violence for securing entry into any premises and for penalising unauthorised entry or remaining on premises in certain circumstances; otherwise to amend the criminal law, including the law with respect to the administration of criminal justice; to provide for the alteration of certain pecuniary and other limits; to amend section 9(4) of the Administration of Justice Act 1973, the Legal Aid Act 1974, the Rabies Act 1974 and the Diseases of Animals (Northern Ireland) Order 1975 and the law about juries and coroners’ inquests; and for connected purposes. [29th July 1977] Editorial Information X1 The text of ss. 1–5, 14–49, 57, 58, 60–65, Schs. 1–9, 11–14 was taken from S.I.F. Group 39:1 (Criminal Law: General), ss. 51, 63(2), 65(1)(3)(7)(10) from S.I.F. Group 39:2 ( Criminal Law: Public Safety and Order), ss. 53, 54, 65(1)(3)(7)(9)(10) Group 39:5 (Criminal Law: Sexual Offences and Obscenity), ss. 6–13, 65(1)(3)(7)–(10), Sch. 14 para. 5 Group 39:6 (Criminal Law: Offences against Property); provisions omitted from S.I.F have been dealt with as referred to in other commentary. Modifications etc. (not altering text) C1 Power to apply Act conferred by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 50(3)(b)(ii), Sch. 8 para. 16 C2 By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts. Commencement Information I1 Act not in force at Royal Assent, Act wholly in force on 20.5.1985 see s. 65(7). 2 Criminal Law Act 1977 (c. 45) Part I – Conspiracy Document Generated: 2021-09-03 Status: Point in time view as at 31/10/1991. This version of this Act contains provisions that are not valid for this point in time. Changes to legislation: Criminal Law Act 1977 is up to date with all changes known to be in force on or before 03 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) PART I CONSPIRACY Modifications etc. (not altering text) C3 Pt. I (ss. 1-5) extended (1.10.1996) by 1996 c. 29, ss.1, 3; S.I. 1996/2262, art.2. 1 The offence of conspiracy. [F1(1) Subject to the following provisions of this Part of this Act, if a person agrees with any other person or persons that a course of conduct shall be pursued which, if the agreement is carried out in accordance with their intentions, either— (a) will necessarily amount to or involve the commission of any offence or offences by one or more of the parties to the agreement, or (b) would do so but for the existence of facts which render the commission of the offence or any of the offences impossible, he is guilty of conspiracy to commit the offence or offences in question.] [F2(1A) Subject to section 8 of the Computer Misuse Act 1990 (relevance ofexternal law), if this subsection applies to an agreement, this Part of this Act has effect in relation to it as it has effect in relation to an agreement falling within subsection (1) above. (1B) Subsection (1A) above applies to an agreement if— (a) a party to it, or a party’s agent, did anything in England and Wales in relation to it before its formation; or (b) a party to it became a party in England and Wales (by joining it either in person or through an agent); or (c) a party to it, or a party’s agent, did or omitted anything in England and Wales in pursuance of it; and the agreement would fall within subsection (1) above as an agreement relating to the commission of a computer misuse offence but for the fact that the offence would not be an offence triable in England and Wales if committed in accordance with the parties’ intentions.] (2) Where liability for any offence may be incurred without knowledge on the part of the person committing it of any particular fact or circumstance necessary for the commission of the offence, a person shall nevertheless not be guilty of conspiracy to commit that offence by virtue of subsection (1) above unless he and at least one other party to the agreement intend or know that that fact or circumstance shall or will exist at the time when the conduct constituting the offence is to take place. (3) Where in pursuance of any agreement the acts in question in relation to any offence are to be done in contemplation or furtherance of a trade dispute (within the meaning of the M1Trade Union and Labour Relations Act 1974) that offence shall be disregarded for the purposes of subsection (1) above provided that it is a summary offence which is not punishable with imprisonment. (4) In this Part of this Act “offence” means an offence triable in England and Wales, except that it includes murder notwithstanding that the murder in question would not be so triable if committed in accordance with the intentions of the parties to the agreement. Criminal Law Act 1977 (c. 45) 3 Part I – Conspiracy Document Generated: 2021-09-03 Status: Point in time view as at 31/10/1991. This version of this Act contains provisions that are not valid for this point in time. Changes to legislation: Criminal Law Act 1977 is up to date with all changes known to be in force on or before 03 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) [F3(5) In the application of this Part of this Act to an agreement to which subsection (1A) above applies any reference to an offence shall be read as a reference to what would be the computer misuse offence in question but for the fact that it is not an offence triable in England and Wales. (6) In this section “computer misuse offence” means an offence under the Computer Misuse Act 1990.] Textual Amendments F1 S. 1(1) substituted (with saving) by Criminal Attempts Act 1981 (c. 47, SIF 39:1), s. 5(1) F2 S. 1(1A)(1B) inserted by Computer Misuse Act 1990 (c. 18, SIF 39:1), s. 7(1) F3 S. 1(5)(6) inserted by Computer Misuse Act 1990 (c. 18, SIF 39:1), s. 7(2) Marginal Citations M1 1974 c. 52. 1A F4Extended jurisdiction over certain conspiracies. (1) This Part of this Act has effect in relation to an agreement which falls within this section as it has effect in relation to one which falls within section 1(1) above. (2) An agreement falls within this section if— (a) a party to it, or a party’s agent, did anything in England and Wales in relation to it before its formation, or (b) a party to it became a party in England and Wales (by joining it either in person or through an agent), or (c) a party to it, or a party’s agent, did or omitted anything in England and Wales in pursuance of it, and the agreement would fall within section 1(1) above as an agreement relating to the commission of a Group A offence but for that offence, if committed in accordance with the parties’ intentions, not being an offence triable in England and Wales. (3) In subsection (2) above “Group A offence” has the same meaning as in Part I of the Criminal Justice Act 1993. (4) Subsection (1) above is subject to the provisions of section 6 of the Act of 1993 (relevance of external law). (5) An offence which is an offence of conspiracy, by virtue of this section, shall be treated for all purposes as an offence of conspiracy to commit the relevant Group A offence. Textual Amendments F4 S. 1A inserted (prosp.) by 1993 c. 36, ss. 1(1), 5(1), 78(3) (which prosp insertion fell by reason of the repeal (4.9.1998) of s. 5(1) of the 1993 Act by 1998 c. 40, s. 9(2), Sch. 2 Pt.
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