Page:Organised Crime Act 2015.pdf/18

Rh :(b) where the punishment, or one of the punishments, prescribed for the predicate offence is imprisonment for a term which extends to less than 4 years, the maximum imprisonment term is replaced with a maximum imprisonment term not exceeding a period equal to the maximum term of imprisonment for the predicate offence plus 4 years;
 * (c) where the punishment, or one of the punishments, prescribed for the predicate offence is imprisonment for a term which extends to 4 years or more (other than life imprisonment), the maximum imprisonment term is replaced with a maximum imprisonment term not exceeding a period equal to the maximum term of imprisonment for the predicate offence plus 10 years.

(6) To avoid doubt, nothing in subsection (4)(a) or (b) or (5) affects the minimum sentence which is fixed or specified under any written law.

(7) In proceedings for an offence under subsection (1) or (2), it is not necessary for the prosecution to prove that the accused instructed a particular person to commit an offence.

(8) In subsection (5), "predicate offence" means—
 * (a) in relation to subsection (3)(b)—the offence instructed;
 * (b) in relation to subsection (3)(c)—the offence which would have been committed if the offence had been done with the intention or knowledge of A;
 * (c) in relation to subsection (3)(d)—the different offence referred to in that subsection;
 * (d) in relation to subsection (3)(e)—both the different offence referred to in subsection (3)(d) and the offence instructed; and
 * (e) in relation to subsection (3)(f)—the other offence with the different effect referred to in that subsection.