Page:Criminal Law Act 1977.pdf/9

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Criminal Law Act 1977
c. 455

Part I

(5) Sections 1 and 2 above shall apply to things done before as well as to things done after the time when this part of this Act comes into force, but in the application of section 3 above to a case where the agreement in question was entered into before that time—

(a) subsection (2) shall be read without the reference to murder in paragraph (a); and
(b) any murder intended under the agreement shall be treated as an offence for which a maximum term of imprisonment of ten years is provided.

(6) The rules laid down by sections 1 and 2 above shall apply for determining whether a person is guilty of an offence of conspiracy under any enactment other than section 1 above, but conduct which is an offence under any such other enactment shall not also be an offence under section 1 above.

(7) Incitement and attempt to commit the offence of conspiracy (whether the conspiracy incited or attempted would be an offence at common law or under section 1 above or any other enactment) shall cease to be offences.

(8) The fact that the person or persons who, so far as appears from the indictment on which any person has been convicted of conspiracy, were the only other parties to the agreement on which his conviction was based have been acquitted of conspiracy by reference to that agreement (whether after being tried with the person convicted or separately) shall not be a ground for quashing his conviction unless under all the circumstances of the case his conviction is inconsistent with the acquittal of the other person or persons in question.

(9) Any rule of law or practice inconsistent with the provisions of subsection (8) above is hereby abolished.

(10) In section 4 of the 1861 c. 100.Offences against the Person Act 1861—

(a) the words preceding “whosoever” shall cease to have effect; and
(b) for the words from “be kept "to” “years” there shall be substituted the words “imprisonment for life”.

(11) Section 3 of the 1875 c. 86.Conspiracy and Protection of Property Act 1875 shall cease to have effect.


Part II
Offences relating to Entering and Remaining on Property

Violence for securing entry.

6.—(1) Subject to the following provisions of this section, any person who, without lawful authority, uses or threatens violence