New Clause 8

Part of Serious Crime Bill – in a Public Bill Committee at 11:30 am on 10 July 2007.

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Institution of proceedings for an offence under this Part

‘(1) Any provision to which this section applies has effect with respect to an offence under this Part as it has effect with respect to the anticipated offence.

(2) This section applies to provisions made by or under an enactment (whenever passed or made) that—

(a) provide that proceedings may not be instituted or carried on otherwise than by, or on behalf or with the consent of, any person (including any provision which also makes exceptions to the prohibition);

(b) confer power to institute proceedings;

(c) confer power to seize and detain property;

(d) confer a power of forfeiture, including any power to deal with anything liable to be forfeited.

(3) In relation to an offence under section 43—

(a) the reference in subsection (1) to the anticipated offence is to be read as a reference to any offence specified in the indictment; and

(b) each of the offences specified in the indictment must be an offence in respect of which the prosecutor has power to institute proceedings.

(4) Any consent to proceedings required as a result of this section is in addition to any consent required by section 50.’.—[Maria Eagle.]