Clause 32

Part of Serious Crime Bill [Lords] – in a Public Bill Committee at 4:30 pm on 3 July 2007.

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Photo of Vernon Coaker Vernon Coaker Parliamentary Under-Secretary (Home Office) (Crime Reduction) 4:30, 3 July 2007

I reiterate that persons, or whoever is connected with the unincorporated association, will be liable only if they have conducted a conspiracy that did not meet the serious crime prevention order conditions. That gives me the chance to stress that that would not be so if someone were negligent. That is the important point. Subsection (7) states:

“If an offence under section 26 committed by an incorporated association is proved to have been committed by the consent or connivance of an officer of the association, he (as well as the association) is guilty of the offence and liable to be proceeded against and punished accordingly.”

What one would have to look at in terms of the individuals who may have connived or conspired to subvert, is whether it would be appropriate for them to be held liable. That would be a decision for the court, and it would be a matter of whether that would be reasonable or not.