Skip to main content

Departmental Legislation

Volume 502: debated on Tuesday 8 December 2009

To ask the Secretary of State for Justice what criminal offences have been (a) abolished and (b) created by primary legislation sponsored by his Department since 1 May 2008. (303254)

The criminal offences abolished and created by primary legislation sponsored by my Department are provided in the following list. The information has been obtained by a manual trawl of the legislation.

Only newly created offences have been included, not any existing offences which have been amended by the legislation.

Offences Created by Criminal Justice and Immigration Act 2008

s41 Unauthorised disclosure of information relating to fine enforcement.

s57 Unauthorised disclosure of information relating to the assessment of financial eligibility.

s63 Possessing an extreme pornographic image.

s72 United Kingdom national doing an act in a country outside the United Kingdom, which if done in England and Wales or Northern Ireland would constitute a sexual offence.

s74 and schedule 16 Inciting hatred on the ground of sexual orientation.

Offences repealed or abolished by Criminal Justice and Immigration Act 2008

s79 Common law offences of blasphemy and blasphemous libel.

Offences created by Coroners and Justice Act 2009

s30 Failure to notify coroner of acquisition of certain objects.

s62 Possession of a prohibited image of a child.

s71 Holding a person in slavery or servitude or requiring a person to perform forced or compulsory labour.

s76 Disclosing information in contravention of an investigation anonymity order.

Sch 6 Pt 1. para 1 Serving on a jury at an inquest if disqualified from jury service.1

Sch 6 Pt 1. para 2 Refusing without reasonable excuse to answer any question put by a senior coroner, (b) giving an answer to such a question knowing the answer to be false in a material particular, or (c) recklessly giving an answer to such a question that is false in a material particular.1

Sch 6 Pt1. para 3 A person who is duly summoned as a juror at an inquest (a) making any false representation, or (b) causing or permitting to be made any false representation on his or her behalf, with the intention of evading service as a juror at an inquest.1

Sch 6 Pt1. para 4 Making or causing to be made, on behalf of a person who has been duly summoned as a juror at an inquest, any false representation with the intention of enabling the other person to evade service as a juror at an inquest.1

Sch 6 Pt 2. para 7(1) (a) Doing anything that is intended to have the effect of (a) distorting or otherwise altering any evidence, document or other thing that is given, produced or provided for the purposes of an investigation under this part of this Act, or (c) doing anything that the person knows or believes is likely to have that effect.1

Sch 6. para 7(1) (b) preventing any evidence, document or other thing from being given, produced or provided for the purposes of such an investigation.

Sch. 6. para 7(2)(a) Intentionally suppressing or concealing a document.

Sch 6 para 7(2) (b) Intentionally alter or destroy such a document.

Sch 6 para 8(1) In giving unsworn evidence at an inquest, giving false evidence in such circumstances that, had the evidence been given on oath, he or she would have been guilty of perjury.

1 Denotes offences replacing repealed offences.

Offences abolished or repealed by the Coroners and Justice Act 2009

s9(3) Coroners Act 1988 A person serving on a jury knowing that he is disqualified from such service.

s9(5)a Coroners Act 1988 Refusing without reasonable excuse to answer a question put by a senior coroner. b) Giving an answer which he knows to be false in a material particular; or c) Recklessly giving an answer which is false in a material particular.

s9(6)a Coroners act 1988 A person duly summoned as a juror making any false representation to the coroner or the appropriate officer with the intention of evading service as such juror.

s9(6)a Coroners Act 1988 A person summoned as a juror at an inquest causing or permitting to be made any representation on his or her behalf with the intention of evading service as a juror.

s9(6)b Coroners Act 1988 Making or causing to be made on behalf of another person who has been so summoned any false representation to the coroner or the appropriate officer with the intention of enabling that other person to evade such service.

s74 Common law offences of sedition, seditious libel, defamatory and obscene libel.

Offences created by Parliamentary Standards Act 2009

s10 A member of the House of Commons making a claim under the MPs' allowances scheme, and (b) providing information for the purposes of the claim that the member knows to be false or misleading in a material respect.

Offences repealed by the Parliamentary Standards Act 2009

None

Offences Created by the Political Parties and Elections Act 2009

s2(2) and Sch. 1 Failing without reasonable excuse, to comply with any requirement imposed under or by virtue of this schedule.

s2(2) and Sch. 1 Intentionally obstructing a person authorised by or by virtue of this schedule in the carrying out of that person's functions.

s2(2) and Sch 1 Knowingly or recklessly providing false information in purported compliance with a requirement imposed under or by virtue of this schedule.

s9(2) (5) Knowingly or recklessly making a false declaration about source of donation.

s10(4) (3)and schedule 4 Knowingly or recklessly making a false declaration about whether residence etc condition satisfied.

s11(1) (5) Knowingly or recklessly making a false declaration about whether residence etc. condition is satisfied.

s11(4) (5) Knowingly or recklessly makes a false declaration about whether residence etc condition is satisfied.

s17(4) Knowingly giving false information about the amount of any controlled donation, or the person making the donation.

s19 and schedule 5 An unincorporated association failing to give a notification or report to the Commission.

s19 and schedule 5 An unincorporated association giving a notification to the Commission or making a report to the Commission which fails to comply with the relevant requirement.

s31(4) Disclosing information for unauthorised purpose.

s35(8) Disclosing information for unauthorised purpose.

Sch 2 para 14 Failing to comply with stop notice.

Offences Repealed by the Political Parties and Elections Act 2009

None.