Skip to main content
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 March 2016 - onwards
Version 4 of 4

4. Involvement in serious crime: supplementary

(1) In considering for the purposes of this Part whether a person has committed a serious offence -

(a) the court must decide that the person has committed the offence if -

(i) he has been convicted of the offence; and

(ii) the conviction has not been quashed on appeal nor has the person been pardoned of the offence; but

(b) the court must not otherwise decide that the person has committed the offence.

(2) In deciding for the purposes of this Part whether a person ("the respondent") facilitates the commission by another person of a serious offence, the court must ignore -

(a) any act that the respondent can show to be reasonable in the circumstances; and

(b) subject to this, his intentions, or any other aspect of his mental state, at the time.

(3) In deciding for the purposes of this Part whether a person ("the respondent") conducts himself in a way that is likely to facilitate the commission by himself or another person of a serious offence (whether or not such an offence is committed), the court must ignore -

(a) any act that the respondent can show to be reasonable in the circumstances; and