Commentary on Sections Jurisdiction and Procedure Section 54: Institution of proceedings etc. for an offence under this Part
195.This section ensures that any powers that apply to a substantive offence will apply to an offence of encouraging and assisting that substantive offence.
196.Subsection (2)(a) provides that if a substantive offence requires the consent of any authority (e.g. the Attorney General or the Director of Public Prosecutions) before proceedings can commence, that consent must be obtained prior to proceedings being commenced for encouraging and assisting such an offence. Subsection (4) makes clear that this consent is in addition to any required by virtue of section 53 (Attorney General’s consent for extra-territorial jurisdiction prosecutions).
197.Subsection (2)(b) provides that where an authority has a power to prosecute a substantive offence, they will also have the power to prosecute an offence of encouraging and assisting that offence. For example the Revenue and Customs Prosecution Office (RCPO) has the power to prosecute the offence of money laundering. This section will also give the RCPO the power to prosecute an offence of encouraging and assisting money laundering.
198.Subsections (2)(c) and (d) provide that powers of seizure and forfeiture of property that apply to a substantive offence will also apply to encouraging and assisting that offence.
199.Subsection (3) sets out how this section operates in relation to section 46 (encouraging or assisting offences believing that one or more will be committed).
200.Subsections (5)-(8) give effect to that part of the e-commerce directive (Directive 2000/31/EC) which allows for a derogation, on the grounds of public policy, from Article 3(2) of that directive. The effect is that notwithstanding that the directive provides that internet service providers should be regulated by the law of the country in which they are established even when operating in other countries, a non-UK established internet service provider could be prosecuted for the offences under Part 2.