Part 4: Miscellaneous and General Chapter 1: Cheating Services Provided for Post-16 Students at English Institutions Section 27: Offence of providing or arranging a relevant service
Subsection (1) provides that it is an offence for a person to provide or arrange for another person to provide, in commercial circumstances, contract cheating services for a student in relation to a relevant assignment. The definitions in section 29 make clear who exactly falls within scope of the offence and the circumstances that need to be fulfilled for it to be committed. It is for the prosecution to prove the elements of the offence beyond reasonable doubt.
	Subsection (2) provides that the offence is summary only and punishable by a fine. The appropriate fine will be determined by the courts in line with the sentencing guidelines. Subsections (3) and (4) set out the defence that applies to this offence. The burden of proving, in relation to any of the matters in subsection (4), that they did not know and could not with reasonable diligence have known of the matter, is on the defendant. For example, depending on the facts of the case, the defendant may need to be able to prove that they did not know, and could not with reasonable diligence have known, that the student was required to complete this work personally. Similarly, they might need to prove that they did not know and could not with reasonable diligence have known, that the service provided was not specifically permitted.
	Subsection (5) sets out that a statement set out in a standard term in a written contract or arrangement, whereby a student commits to not using the work provided in a way that amounts to the offence, or about the circumstances of the assignment, is not sufficient to establish the defence.
	Subsection (6) makes clear that a student who commissions a provider to complete work in a way that falls under the offence will not be liable for an offence of encouraging, assisting, aiding or abetting the substantive offence.