Serious Crime Bill [HL]

moved Amendment No. 45: 45: Clause 41, page 25, line 31, leave out ““charge or”” The noble Baroness said: My Lords, Amendments Nos. 45, 46, 49, 50, 64, 65 and 67 are minor. They remove the references to a ““charge”” from the offence in Clause 41; that is, encouraging or assisting a number of offences believing one or more will happen but without being sure which. Clause 41(3)(a) sets out that, where a person is charged with an offence under that clause, the charge or indictment must specify the offences that the prosecution alleges D believed P would commit. Using the example I gave in Committee, if the prosecution alleges that D provided a flat to a paedophile believing that any one of rape, murder or kidnap would be committed but he was not sure which, the charge or indictment would have to specify rape, murder and kidnap. Clause 43(5) sets out that ““charge”” refers to a ““written charge”” under Section 29 of the Criminal Justice Act 2003. That is a method by which a public prosecutor can initiate criminal proceedings. We have considered the operation of this clause and do not believe that it is necessary to refer to a charge in Clause 41, as offences under that clause are triable only on indictment, and an indictment will exist in every case. As it is already provided that the indictment must specify the offences it is alleged D encouraged or assisted, we believe that that is sufficient. Amendment No. 45 therefore removes the words ““charge or”” from Clause 41(3)(a). Amendment No. 50 removes the definition in Clause 43(5). Amendments Nos. 46, 49, 64, 65 and 67 remove all other references to ““charge or””. I beg to move. On Question, amendment agreed to.