Serious Crime Bill [HL]

moved Amendment No. 89: 89: Schedule 5, page 62, line 31, at end insert— ““Misuse of Drugs Act 1971 (c. 38) 41A In section 19 of the Misuse of Drugs Act 1971 for ““such an offence”” substitute ““an offence under any other provision of this Act””.”” The noble Baroness said: My Lords, I am sure that the House will be pleased to know that this is ourlast group of amendments. In moving Amendment No. 89, I shall speak also to Amendments Nos. 90 to 93, 130 to 132 and 137. They are a series of minor and consequential amendments to Part 2 of Schedule 5, which contains minor amendments to existing legislation consequential on the abolition byClause 54 of the Bill of the common-law offenceof incitement to commit another offence. The amendments make further changes to existing legislation for the same reason. Amendment No. 89 makes a minor amendment to Section 19 of the Misuse of Drugs Act 1971 to clarify the meaning of ““such an offence”” in that provision. The amendment replaces ““such an offence”” with, "““an offence under any other provision of this Act””—" that is, the Misuse of Drugs Act—and does not change the law. This amendment will simply help to clarify what is meant by Section 19 of that Act, and it follows the interpretation of this section by the courts. Amendment No. 90, coupled with Amendment No. 130, repeals certain sections of the Magistrates’ Courts Act 1980 in relation to penalties and mode of trial for summary and either-way offences. Section 32(1)(b) of that Act provides that on summary conviction for inciting an offence that would be triable either way, a person cannot be liable to a penalty greater than he would be liable to on summary conviction. Under the mode of trial provisions set out in Clause 50, it will not be possible to try someone summarily for assisting and encouraging an offence which is triable either way, so this subsection needs to be repealed. Section 45 of the Act provides that inciting a summary offence should be triable summarily. Paragraph 35 of Schedule 1 provides that the offence of inciting an either-way offence should be triable either way. Those provisions are repealed, as the mode of trial for the new offences will follow Clause 50. Amendments Nos. 92 and 132 are technical measures to repeal references in the Public OrderAct 1986 to Section 45 of the Magistrates’ CourtsAct 1980. Amendment No. 91, coupled with Amendment No. 131, repeals Article 60(1) of the Magistrates’ Courts (Northern Ireland) Order 1981. These make similar amendments to those to the Magistrates’ Courts Act in respect of Northern Ireland, as the Magistrates’ Courts Act applies only to England and Wales. Amendment No. 93 ensures that the reference to incitement in paragraph 10 of Schedule 2 to the Proceeds of Crime Act 2002—incitement to commit a criminal lifestyle offence—is to be read only as a reference to the offence under Clause 39; that is, intentionally assisting or encouraging an offence. That is because the consequences of being found guilty of a ““lifestyle”” offence under POCA are very significant; for example, a confiscation order is applicable. We therefore think it is appropriate only where a person has intentionally encouraged one of those offences. I hope that it will give noble Lords considerable pleasure when I beg to move this amendment, confident as I am that, thereafter, we will all be able to go home. On Question, amendment agreed to.