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The Police and Criminal Evidence (Northern Ireland) Order 1989

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This is the original version (as it was originally made).

Meaning of “serious arrestable offence”

87.—(1) This Article has effect for determining whether an offence is a serious arrestable offence for the purposes of this Order.

(2) The following arrestable offences are always serious—

(a)an offence (whether at common law or under any statutory provison) specified in Part I of Schedule 5; and

(b)an offence under a statutory provision specified in Part II of that Schedule.

(3) Subject to paragraphs (4) and (5), any other arrestable offence is serious only if its commission—

(a)has led to any of the consequences specified in paragraph (6); or

(b)is intended or is likely to lead to any of those consequences.

(4) An arrestable offence which consists of making a threat is serious if carrying out the threat would be likely to lead to any of the consequences specified in paragraph (6).

(5) A person arrested under section 14(1)(b) of the Prevention of Terrorism (Temporary Provisions) Act 1989(1) is to be treated for the purposes of Articles 62 and 63 as having been arrested on suspicion of involvement in a serious arrestable offence, and any reference in those Articles to such an offence includes a reference to being or having been concerned in the commission, preparation or instigation of acts of terrorism to which Part IV of that Act applies.

(6) The consequences mentioned in paragraphs (3) and (4) are—

(a)serious harm to the safety of the United Kingdom, or any part of it, or to public order;

(b)serious interference with the administration of justice or with the investigation of offences or of a particular offence;

(c)the death of any person;

(d)serious injury to any person;

(e)substantial financial gain to any person; and

(f)serious financial loss to any person.

(7) Loss is serious for the purposes of this Article if, having regard to all the circumstances, it is serious for the person who suffers it.

(8) In this Article “injury” includes any disease and any impairment of a person’s physical or mental condition.

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