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Sections 2 and 3

SCHEDULE 1E+W+N.I.Serious offences

This schedule has no associated Explanatory Notes

Part 1E+W+N.I.Serious offences in England and Wales

Drug traffickingE+W+N.I.

1(1)An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)—E+W+N.I.

(a)section 4(2) or (3) (unlawful production or supply of controlled drugs);

(b)section 5(3) (possession of controlled drug with intent to supply);

[F1(ba)section 6 (restriction of cultivation of cannabis plant);]

(c)section 8 (permitting etc. certain activities relating to controlled drugs);

(d)section 20 (assisting in or inducing the commission outside the United Kingdom of an offence punishable under a corresponding law).

(2)An offence under any of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971—

(a)section 50(2) or (3) (improper importation of goods);

(b)section 68(2) (exportation of prohibited or restricted goods);

(c)section 170 (fraudulent evasion of duty etc.).

(3)An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)—

(a)section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act);

(b)section 19 (using a ship for illicit traffic in controlled drugs).

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Amendments (Textual)

F1Sch. 1 para. 1(1)(ba) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 47(2), 88(1); S.I. 2015/820, reg. 2(f)

Commencement Information

I1Sch. 1 para. 1 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

[F21AAn offence under any of the following provisions of the Psychoactive Substances Act 2016—E+W+N.I.

(a)section 4 (producing a psychoactive substance);

(b)section 5 (supplying, or offering to supply, a psychoactive substance);

(c)section 7 (possession of psychoactive substance with intent to supply);

(d)section 8 (importing or exporting a psychoactive substance).]

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Amendments (Textual)

[F3 Slavery etc E+W+N.I.

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Amendments (Textual)

F3Sch. 1 para. 1A and cross heading inserted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 7(2); S.I. 2015/1476, reg. 2(j)

1AAn offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour).]E+W+N.I.

People traffickingE+W+N.I.

2(1)An offence under section 25, 25A or 25B of the Immigration Act 1971 (c. 77) (assisting unlawful immigration etc.).E+W+N.I.

(2)An offence under any of sections 57 to [F459A] of the Sexual Offences Act 2003 (c. 42) (trafficking for sexual exploitation).

(3)An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (trafficking people for exploitation).

[F5(4)An offence under section 2 of the Modern Slavery Act 2015.]

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Amendments (Textual)

F4Word in Sch. 1 para. 2(2) substituted (E.W.) (6.4.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 142 (with s. 97); S.I. 2013/470, art. 2(d) (with arts. 5-8)

Commencement Information

I2Sch. 1 para. 2 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

[F6Firearms offencesE+W+N.I.

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Amendments (Textual)

F6Sch. 1 para. 3 and cross-heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 47(3), 88(1); S.I. 2015/820, reg. 2(f)

3(1)An offence under any of the following provisions of the Firearms Act 1968—E+W+N.I.

(a) section 1(1) (possession etc of firearms or ammunition without certificate);

(b) section 2(1) (possession etc of shot gun without certificate);

(c) section 3(1) (dealing etc in firearms or ammunition by way of trade or business without being registered);

(d) section 5(1), (1A) or (2A) (possession, manufacture etc of prohibited weapons).

(2)An offence under either of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a firearm or ammunition—

(a)section 68(2) (exportation of prohibited or restricted goods);

(b) section 170 (fraudulent evasion of duty etc ).

(3) In sub-paragraph (2) “ firearm ” and “ ammunition ” have the same meanings as in section 57 of the Firearms Act 1968. ]

Prostitution and child sexE+W+N.I.

4(1)An offence under section 33A of the Sexual Offences Act 1956 (c. 69) (keeping a brothel used for prostitution).E+W+N.I.

(2)An offence under any of the following provisions of the Sexual Offences Act 2003 (c. 42)—

(a)section 14 (arranging or facilitating commission of a child sex offence);

(b)section 48 (causing or inciting [F7sexual exploitation of a child]);

(c)section 49 (controlling a child [F8in relation to sexual exploitation]);

(d)section 50 (arranging or facilitating [F9sexual exploitation of a child]);

(e)section 52 (causing or inciting prostitution for gain);

(f)section 53 (controlling prostitution for gain).

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Amendments (Textual)

F7Words in Sch. 1 para. 4(2)(b) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 81(2)(a); S.I. 2015/820, reg. 2(r)(xvi)

F8Words in Sch. 1 para. 4(2)(c) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 81(2)(b); S.I. 2015/820, reg. 2(r)(xvi)

F9Words in Sch. 1 para. 4(2)(d) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 81(2)(c); S.I. 2015/820, reg. 2(r)(xvi)

Commencement Information

I3Sch. 1 para. 4 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Armed robbery etc.E+W+N.I.

5(1)An offence under section 8(1) of the Theft Act 1968 (c. 60) (robbery) where the use or threat of force involves a firearm, an imitation firearm or an offensive weapon.E+W+N.I.

(2)An offence at common law of an assault with intent to rob where the assault involves a firearm, imitation firearm or an offensive weapon.

(3)In this paragraph—

  • firearm” has the meaning given by section 57(1) of the Firearms Act 1968;

  • imitation firearm” has the meaning given by section 57(4) of that Act;

  • offensive weapon” means any weapon to which section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) applies.

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Commencement Information

I4Sch. 1 para. 5 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Money launderingE+W+N.I.

6An offence under any of the following provisions of the Proceeds of Crime Act 2002 (c. 29)—E+W+N.I.

(a)section 327 (concealing etc. criminal property);

(b)section 328 (facilitating the acquisition etc. of criminal property by or on behalf of another);

(c)section 329 (acquisition, use and possession of criminal property).

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Commencement Information

I5Sch. 1 para. 6 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

FraudE+W+N.I.

7(1)An offence under section 17 of the Theft Act 1968 (c. 60) (false accounting).E+W+N.I.

(2)An offence under any of the following provisions of the Fraud Act 2006 (c. 35)—

(a)section 1 (fraud by false representation, failing to disclose information or abuse of position);

(b)section 6 (possession etc. of articles for use in frauds);

(c)section 7 (making or supplying articles for use in frauds);

(d)section 9 (participating in fraudulent business carried on by sole trader etc.);

(e)section 11 (obtaining services dishonestly).

(3)An offence at common law of conspiracy to defraud.

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Commencement Information

I6Sch. 1 para. 7 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Offences in relation to public revenueE+W+N.I.

8(1)An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty etc.) so far as not falling within paragraph 1(2)(c) or 3(1)(b) above.E+W+N.I.

(2)An offence under section 72 of the Value Added Tax Act 1994 (c. 23) (fraudulent evasion of VAT etc.).

(3)An offence under [F10section 106A of the Taxes Management Act 1970] (fraudulent evasion of income tax).

(4)An offence under section 35 of the Tax Credits Act 2002 (c. 21) (tax credit fraud).

(5)An offence at common law of cheating in relation to the public revenue.

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Amendments (Textual)

F10Words in Sch. 1 para. 8(3) substituted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 7 para. 101(2) (with Sch. 9 paras. 1-9, 22)

Commencement Information

I7Sch. 1 para. 8 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

[F11BriberyE+W+N.I.

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Amendments (Textual)

F11Sch. 1 para. 9 and cross-heading substituted (1.7.2011) by Bribery Act 2010 (c. 23), s. 19(1), Sch. 1 para. 14(2) (with ss. 16, 19(5)); S.I. 2011/1418, art. 2

9An offence under any of the following provisions of the Bribery Act 2010—E+W+N.I.

(a)section 1 (offences of bribing another person);

(b)section 2 (offences relating to being bribed);

(c)section 6 (bribery of foreign public officials).]

CounterfeitingE+W+N.I.

10An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981 (c. 45)—E+W+N.I.

(a)section 14 (making counterfeit notes or coins);

(b)section 15 (passing etc. counterfeit notes or coins);

(c)section 16 (having custody or control of counterfeit notes or coins);

(d)section 17 (making or having custody or control of counterfeiting materials or implements).

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Commencement Information

I8Sch. 1 para. 10 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

[F12Computer misuseE+W+N.I.

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Amendments (Textual)

F12 Sch. 1 para. 11A and cross-heading inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 47(4), 88(1); S.I. 2015/820, reg. 2(f)

11AAn offence under any of the following provisions of the Computer Misuse Act 1990—E+W+N.I.

(a)section 1 (unauthorised access to computer material);

(b)section 2 (unauthorised access with intent to commit or facilitate commission of further offences);

(c) section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer etc );

(d) section 3ZA (unauthorised acts causing, or creating risk of, serious damage to human welfare etc );

(e)section 3A (making, supplying or obtaining articles for use in offence under section 1, 3 or 3ZA).]

Intellectual propertyE+W+N.I.

12(1)An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)—E+W+N.I.

(a)section 107(1)(a), (b), (d)(iv) or (e) (making, importing or distributing an article which infringes copyright);

(b)section 198(1)(a), (b) or (d)(iii) (making, importing or distributing an illicit recording);

(c)section 297A (making or dealing etc. in unauthorised decoders).

(2)An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (c. 26) (unauthorised use of trade mark etc.).

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Commencement Information

I9Sch. 1 para. 12 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

EnvironmentE+W+N.I.

13(1)An offence under section 1 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (fishing F13...with prohibited implements etc.).E+W+N.I.

(2)An offence under section 14 of the Wildlife and Countryside Act 1981 (c. 69) (introduction of new species etc.).

(3)An offence under section 33 of the Environmental Protection Act 1990 (c. 43) (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste).

(4)An offence under regulation 8 of the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (S.I. 1997/1372) (purchase and sale etc. of endangered species and provision of false statements and certificates).

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Amendments (Textual)

Commencement Information

I10Sch. 1 para. 13 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

[F14Organised crimeE+W+N.I.

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Amendments (Textual)

13AAn offence under section 45 of the Serious Crime Act 2015 (participating in activities of organised crime group).]E+W+N.I.

[F15Financial sanctions legislationE+W+N.I.

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Amendments (Textual)

F15 Sch. 1 para. 13B and cross-heading inserted (31.1.2017 for specified purposes, 1.4.2017 in force in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 151(2), 183(3)(5)(e)

13B(1)An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation.E+W+N.I.

(2)An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution.

(3)An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders).

(4)An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule.

(5)An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008.

(6)In this paragraph—

  • EU financial sanctions Regulation” and “UN financial sanctions Resolution” have the same meanings as in Part 8 of the Policing and Crime Act 2017 (see section 143 of that Act);

  • “subordinate legislation” has the same meaning as in the Interpretation Act 1978.]

Inchoate offencesE+W+N.I.

14(1)An offence of attempting or conspiring the commission of an offence specified or described in this Part of this Schedule.E+W+N.I.

(2)An offence under Part 2 of this Act (encouraging or assisting) where the offence (or one of the offences) which the person in question intends or believes would be committed is an offence specified or described in this Part of this Schedule.

(3)An offence of aiding, abetting, counselling or procuring the commission of an offence specified or described in this Part of this Schedule.

(4)The references in sub-paragraphs (1) to (3) to offences specified or described in this Part of this Schedule do not include the offence at common law of conspiracy to defraud.

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Commencement Information

I11Sch. 1 para. 14 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Earlier offencesE+W+N.I.

15(1)This Part of this Schedule (apart from paragraph 14(2)) has effect, in its application to conduct before the passing of this Act, as if the offences specified or described in this Part included any corresponding offences under the law in force at the time of the conduct.E+W+N.I.

(2)Paragraph 14(2) has effect, in its application to conduct before the passing of this Act or before the coming into force of section 59 of this Act, as if the offence specified or described in that provision were an offence of inciting the commission of an offence specified or described in this Part of this Schedule.

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Commencement Information

I12Sch. 1 para. 15 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Scope of offencesE+W+N.I.

16Where this Part of this Schedule refers to offences which are offences under the law of England and Wales and another country, the reference is to be read as limited to the offences so far as they are offences under the law of England and Wales.E+W+N.I.

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Commencement Information

I13Sch. 1 para. 16 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

[F16PART 1AE+W+N.I.SERIOUS OFFENCES IN SCOTLAND

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Amendments (Textual)

Drug traffickingE+W+N.I.

16A(1)An offence under any of the following provisions of the Misuse of Drugs Act 1971—E+W+N.I.

(a)section 4(2) or (3) (unlawful production or supply of controlled drugs);

(b)section 5(3) (possession of controlled drug with intent to supply);

(c)section 6 (restriction of cultivation of cannabis plant);

(d) section 8 (permitting etc certain activities relating to controlled drugs);

(e)section 20 (assisting in or inducing the commission outside the United Kingdom of an offence punishable under a corresponding law).

(2)An offence under any of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971—

(a)section 50(2) or (3) (improper importation of goods);

(b)section 68(2) (exportation of prohibited or restricted goods);

(c) section 170 (fraudulent evasion of duty etc ).

(3)An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990—

(a)section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act);

(b)section 19 (using a ship for illicit traffic in controlled drugs).

[F1716AAAn offence under any of the following provisions of the Psychoactive Substances Act 2016—E+W+N.I.

(a)section 4 (producing a psychoactive substance);

(b)section 5 (supplying, or offering to supply, a psychoactive substance);

(c)section 7 (possession of psychoactive substance with intent to supply);

(d)section 8 (importing or exporting a psychoactive substance).]

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Amendments (Textual)

People traffickingE+W+N.I.

16B(1)An offence under section 25, 25A or 25B of the Immigration Act 1971 (assisting unlawful immigration etc).E+W+N.I.

(2)An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).

Firearms offencesE+W+N.I.

16C(1)An offence under any of the following provisions of the Firearms Act 1968—E+W+N.I.

(a)section 1(1) (possession etc of firearms or ammunition without certificate);

(b)section 2(1) (possession etc of shot gun without certificate);

(c)section 3(1) (dealing etc in firearms or ammunition by way of trade or business without being registered);

(d)section 5(1), (1A) or (2A) (possession, manufacture etc of prohibited weapons).

(2)An offence under either of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a firearm or ammunition—

(a)section 68(2) (exportation of prohibited or restricted goods);

(b)section 170 (fraudulent evasion of duty etc).

(3)In sub-paragraph (2) “firearm” and “ammunition” have the same meanings as in section 57 of the Firearms Act 1968.

Prostitution, child sex and pornographyE+W+N.I.

16D(1)An offence under any of the following provisions of the Criminal Law Consolidation (Scotland) Act 1995—E+W+N.I.

(a)section 11(1) (living on earnings of prostitution or soliciting for immoral purposes);

(b)section 11(4) (aiding, abetting or compelling prostitution for gain);

(c)section 11(5) (running of brothels).

(2)An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc).

(3)An offence under any of the following provisions of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005—

(a)section 10 (causing or inciting provision by child of sexual services or child pornography);

(b)section 11 (controlling a child providing sexual services or involved in pornography);

(c)section 12 (arranging or facilitating provision by child of sexual services or child pornography).

(4)An offence under section 51(2) of the Civic Government (Scotland) Act 1982 (obscene material).

Serious organised crimeE+W+N.I.

16E(1)An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—E+W+N.I.

(a)section 28(1) (involvement in serious organised crime);

(b)section 30(1) or (2) (directing serious organised crime).

(2)An offence aggravated by a connection with serious organised crime as mentioned in section 29(1) of the Criminal Justice and Licensing (Scotland) Act 2010 (offences aggravated by connection with serious organised crime).

Money launderingE+W+N.I.

16FAn offence under any of the following provisions of the Proceeds of Crime Act 2002—E+W+N.I.

(a)section 327 (concealing etc criminal property);

(b)section 328 (facilitating the acquisition etc of criminal property by or on behalf of another);

(c)section 329 (acquisition, use and possession of criminal property).

Offences in relation to public revenueE+W+N.I.

16G(1)An offence under section 170 of the Customs and Excise Management Act 1979 (fraudulent evasion of duty etc) so far as not falling within paragraph 16A(2)(c) or 16C(2)(b) above.E+W+N.I.

(2)An offence under section 72 of the Value Added Tax Act 1994 (fraudulent evasion of VATetc).

(3)An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax).

(4)An offence under section 35 of the Tax Credits Act 2002 (tax credit fraud).

BriberyE+W+N.I.

16HAn offence under any of the following provisions of the Bribery Act 2010—E+W+N.I.

(a)section 1 (offences of bribing another person);

(b)section 2 (offences relating to being bribed);

(c)section 6 (bribery of foreign public officials).

CounterfeitingE+W+N.I.

16IAn offence under any of the following provisions of the Forgery and Counterfeiting Act 1981—E+W+N.I.

(a)section 14 (making counterfeit notes or coins);

(b)section 15 (passing etc counterfeit notes or coins);

(c)section 16 (having custody or control of counterfeit notes or coins);

(d)section 17 (making or having custody or control of counterfeiting materials or implements).

Fraud etcE+W+N.I.

16J(1)An offence under section 12(1) or (2) of the Gangmasters (Licensing) Act 2004 (acting as a gangmaster other than under the authority of a licence, possession of false documents, etc).E+W+N.I.

(2)Fraud.

(3)Conspiracy to defraud.

(4)Theft.

(5)Extortion.

(6)Assault and robbery.

Computer misuseE+W+N.I.

16KAn offence under any of the following provisions of the Computer Misuse Act 1990—E+W+N.I.

(a)section 1 (unauthorised access to computer material);

(b)section 2 (unauthorised access with intent to commit or facilitate commission of further offences);

(c)section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer etc);

(d)section 3ZA (unauthorised acts causing, or creating risk of, serious damage to human welfare etc);

(e)section 3A (making, supplying or obtaining articles for use in offence under section 1, 3 or 3ZA).

Intellectual propertyE+W+N.I.

16L(1)An offence under section 297A of the Copyright, Designs and Patents Act 1988 (making or dealing etc in unauthorised decoders).E+W+N.I.

(2)An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (unauthorised use of trade mark etc).

EnvironmentE+W+N.I.

16M(1)An offence under any of the following provisions of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003—E+W+N.I.

(a)section 1 (fishing for salmon: methods);

(b)section 2 (fishing for freshwater fish: methods);

(c)section 5 (using explosive or other noxious substances for taking or destruction of fish etc).

(2)An offence under section 14 of the Wildlife and Countryside Act 1981 (introduction of new species etc).

(3)An offence under section 33 of the Environmental Protection Act 1990 (prohibition on unauthorised or harmful deposit, treatment or disposal etc of waste).

(4)An offence under regulation 8 of the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (S.I. 1997/1372) (purchase and sale etc of endangered species and provision of false statement and certificates).

[F18Financial sanctions legislationE+W+N.I.

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Amendments (Textual)

F18Sch. 1 para. 16MA and cross-heading inserted (31.1.2017 for specified purposes, 1.4.2017 in force in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 151(3), 183(3)(5)(e)

16MA(1)An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation.E+W+N.I.

(2)An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution.

(3)An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders).

(4)An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule.

(5)An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008.

(6)In this paragraph—

  • EU financial sanctions Regulation” and “UN financial sanctions Resolution” have the same meanings as in Part 8 of the Policing and Crime Act 2017 (see section 143 of that Act);

  • “subordinate legislation” has the same meaning as in the Interpretation Act 1978.]

Inchoate offencesE+W+N.I.

16NAn offence of attempting or conspiring to commit an offence specified or described in this Part of this Schedule.E+W+N.I.

Earlier offencesE+W+N.I.

16OThis Part of this Schedule has effect, in its application to conduct before the coming into force of this Part, as if the offences specified or described in this Part included any corresponding offences under the law in force at the time of the conduct.E+W+N.I.

Scope of offencesE+W+N.I.

16PWhere this Part of this Schedule refers to offences which are offences under the law of Scotland and another country, the reference is to be read as limited to the offences so far as they are offences under the law of Scotland.]E+W+N.I.

Part 2E+W+N.I.Serious offences in Northern Ireland

Drug traffickingE+W+N.I.

17(1)An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)—E+W+N.I.

(a)section 4(2) or (3) (unlawful production or supply of controlled drugs);

(b)section 5(3) (possession of controlled drug with intent to supply);

[F19(ba)section 6 (restriction of cultivation of cannabis plant);]

(c)section 8 (permitting etc. certain activities relating to controlled drugs);

(d)section 20 (assisting in or inducing the commission outside the United Kingdom of an offence punishable under a corresponding law).

(2)An offence under any of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971—

(a)section 50(2) or (3) (improper importation of goods);

(b)section 68(2) (exportation of prohibited or restricted goods);

(c)section 170 (fraudulent evasion of duty etc.).

(3)An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)—

(a)section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act);

(b)section 19 (using a ship for illicit traffic in controlled drugs).

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Amendments (Textual)

F19Sch. 1 para. 17(1)(ba) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 47(6), 88(1); S.I. 2015/820, reg. 2(f)

Commencement Information

I14Sch. 1 para. 17 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

[F2017AAn offence under any of the following provisions of the Psychoactive Substances Act 2016—E+W+N.I.

(a)section 4 (producing a psychoactive substance);

(b)section 5 (supplying, or offering to supply, a psychoactive substance);

(c)section 7 (possession of psychoactive substance with intent to supply);

(d)section 8 (importing or exporting a psychoactive substance).]

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Amendments (Textual)

People traffickingE+W+N.I.

18(1)An offence under section 25, 25A or 25B of the Immigration Act 1971 (c. 77) (assisting unlawful immigration etc.).E+W+N.I.

(2)An offence under any of sections 57 to 59 of the Sexual Offences Act 2003 (c. 42) (trafficking for sexual exploitation).

(3)An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (trafficking people for exploitation).

[F21(4)An offence under section1 or 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015]

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Amendments (Textual)

Commencement Information

I15Sch. 1 para. 18 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

[F22Firearms offences]E+W+N.I.

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Amendments (Textual)

F22Sch. 1 para. 19 (crossheading)(arms)(trafficking) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 81(4); S.I. 2015/820, reg. 2(r)(xvi)

19(1)An offence under either of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a firearm or ammunition—E+W+N.I.

(a)section 68(2) (exportation of prohibited or restricted goods);

(b)section 170 (fraudulent evasion of duty etc.).

[F23(2) An offence under any of the following provisions of the Firearms (Northern Ireland) Order 2004 ( S.I. 2004/702 (N.I. 3))—

(a) Article 3 (possession etc of firearms or ammunition without certificate);

(b) Article 24 (dealing etc in firearms or ammunition by way of trade or business without being registered);

(c) Article 45 (possession, manufacture etc of prohibited weapons). ]

(3)In this paragraph “firearm” and “ammunition” have the same meanings as in Article 2(2) of the Firearms (Northern Ireland) Order 2004.

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Amendments (Textual)

F23Sch. 1 para. 19(2) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 47(7), 88(1); S.I. 2015/820, reg. 2(f)

Commencement Information

I16Sch. 1 para. 19 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Prostitution and child sexE+W+N.I.

20(1)An offence under section 13(1) of the Criminal Law Amendment Act 1885 (c. 69) (keeping a brothel used for prostitution).E+W+N.I.

(2)An offence under any of the following provisions of the Sexual Offences Act 2003—

(a)section 48 (causing or inciting child prostitution or pornography);

(b)section 49 (controlling a child prostitute or a child involved in pornography);

(c)section 50 (arranging or facilitating child prostitution or pornography);

(d)section 52 (causing or inciting prostitution for gain);

(e)section 53 (controlling prostitution for gain).

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Commencement Information

I17Sch. 1 para. 20 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Armed robbery etc.E+W+N.I.

21(1)An offence under section 8(1) of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) (robbery) where the use or threat of force involves a firearm, an imitation firearm or an offensive weapon.E+W+N.I.

(2)An offence at common law of an assault with intent to rob where the assault involves a firearm, imitation firearm or an offensive weapon.

(3)In this paragraph—

  • “firearm” and “imitation firearm” have the meaning given by Article 2(2) of the Firearms (Northern Ireland) Order 2004;

  • offensive weapon” means any weapon to which section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) applies.

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Commencement Information

I18Sch. 1 para. 21 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Money launderingE+W+N.I.

22An offence under any of the following provisions of the Proceeds of Crime Act 2002 (c. 29)—E+W+N.I.

(a)section 327 (concealing etc. criminal property);

(b)section 328 (facilitating the acquisition etc. of criminal property by or on behalf of another);

(c)section 329 (acquisition, use and possession of criminal property).

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Commencement Information

I19Sch. 1 para. 22 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

FraudE+W+N.I.

23(1)An offence under section 17 of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) (false accounting).E+W+N.I.

(2)An offence under any of the following provisions of the Fraud Act 2006 (c. 35)—

(a)section 1 (fraud by false representation, failing to disclose information or abuse of position);

(b)section 6 (possession etc. of articles for use in frauds);

(c)section 7 (making or supplying articles for use in frauds);

(d)section 9 (participating in fraudulent business carried on by sole trader etc.);

(e)section 11 (obtaining services dishonestly).

(3)An offence at common law of conspiracy to defraud.

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Commencement Information

I20Sch. 1 para. 23 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Offences in relation to public revenueE+W+N.I.

24(1)An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty etc.) so far as not falling within paragraph 17(2)(c) or 19(1)(b) above.E+W+N.I.

(2)An offence under section 72 of the Value Added Tax Act 1994 (c. 23) (fraudulent evasion of VAT etc.).

(3)An offence under [F24section 106A of the Taxes Management Act 1970] (fraudulent evasion of income tax).

(4)An offence under section 35 of the Tax Credits Act 2002 (c. 21) (tax credit fraud).

(5)An offence at common law of cheating in relation to the public revenue.

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Amendments (Textual)

F24Words in Sch. 1 para. 24(3) substituted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 7 para. 101(3) (with Sch. 9 paras. 1-9, 22)

Commencement Information

I21Sch. 1 para. 24 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

[F25BriberyE+W+N.I.

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Amendments (Textual)

F25Sch. 1 para. 25 and cross-heading substituted (1.7.2011) by Bribery Act 2010 (c. 23), s. 19(1), Sch. 1 para. 14(3) (with ss. 16, 19(5)); S.I. 2011/1418, art. 2

25An offence under any of the following provisions of the Bribery Act 2010—E+W+N.I.

(a)section 1 (offences of bribing another person);

(b)section 2 (offences relating to being bribed);

(c)section 6 (bribery of foreign public officials).]

CounterfeitingE+W+N.I.

26An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981 (c. 45)—E+W+N.I.

(a)section 14 (making counterfeit notes or coins);

(b)section 15 (passing etc. counterfeit notes or coins);

(c)section 16 (having custody or control of counterfeit notes or coins);

(d)section 17 (making or having custody or control of counterfeiting materials or implements).

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Commencement Information

I22Sch. 1 para. 26 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

BlackmailE+W+N.I.

27(1)An offence under section 20 of the Theft Act (Northern Ireland) 1969 (c. 16) (blackmail).E+W+N.I.

(2)An offence under section 12(1) or (2) of the Gangmasters (Licensing) Act 2004 (c. 11) (acting as a gangmaster other than under the authority of a licence, possession of false documents, etc.).

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Commencement Information

I23Sch. 1 para. 27 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

[F26Computer misuseE+W+N.I.

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Amendments (Textual)

F26 S. 27A and cross-heading inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 47(8), 88(1); S.I. 2015/820, reg. 2(f)

27AAn offence under any of the following provisions of the Computer Misuse Act 1990—E+W+N.I.

(a)section 1 (unauthorised access to computer material);

(b)section 2 (unauthorised access with intent to commit or facilitate commission of further offences);

(c) section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer etc );

(d) section 3ZA (unauthorised acts causing, or creating risk of, serious damage to human welfare etc );

(e)section 3A (making, supplying or obtaining articles for use in offence under section 1, 3 or 3ZA).]

Intellectual propertyE+W+N.I.

28(1)An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)—E+W+N.I.

(a)section 107(1)(a), (b), (d)(iv) or (e) (making, importing or distributing an article which infringes copyright);

(b)section 198(1)(a), (b) or (d)(iii) (making, importing or distributing an illicit recording);

(c)section 297A (making or dealing etc. in unauthorised decoders).

(2)An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (c. 26) (unauthorised use of trade mark etc.).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I24Sch. 1 para. 28 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

EnvironmentE+W+N.I.

29(1)An offence under section 62 or 63 of the Fisheries Act (Northern Ireland) 1966 (c. 17 (N.I.)) (prohibition of certain methods of fishing).E+W+N.I.

(2)An offence under Article 15 of the Wildlife (Northern Ireland) Order 1985 (S.I. 1985/171 (N.I.2)) (introduction of new species, etc.).

(3)An offence under Article 4 of the Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I.19)) (prohibition on unauthorised or harmful deposit, treatment or disposal, etc. of waste).

(4)An offence under regulation 8 of the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (S.I. 1997/1372) (purchase and sale etc. of endangered species and provision of false statements and certificates).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I25Sch. 1 para. 29 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

[F27Financial sanctions legislationE+W+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F27Sch. 1 para. 29A and cross-heading inserted (31.1.2017 for specified purposes, 1.4.2017 in force in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 151(4), 183(3)(5)(e)

29A(1)An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation.E+W+N.I.

(2)An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution.

(3)An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders).

(4)An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule.

(5)An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008.

(6)In this paragraph—

  • EU financial sanctions Regulation” and “UN financial sanctions Resolution” have the same meanings as in Part 8 of the Policing and Crime Act 2017 (see section 143 of that Act);

  • “subordinate legislation” has the same meaning as in the Interpretation Act 1978.]

Inchoate offencesE+W+N.I.

30(1)An offence of attempting or conspiring the commission of an offence specified or described in this Part of this Schedule.E+W+N.I.

(2)An offence under Part 2 of this Act (encouraging or assisting) where the offence (or one of the offences) which the person in question intends or believes would be committed is an offence specified or described in this Part of this Schedule.

(3)An offence of aiding, abetting, counselling or procuring the commission of an offence specified or described in this Part of this Schedule.

(4)The references in sub-paragraphs (1) to (3) to offences specified or described in this Part of this Schedule do not include the offence at common law of conspiracy to defraud.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I26Sch. 1 para. 30 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Earlier offencesE+W+N.I.

31(1)This Part of this Schedule (apart from paragraph 30(2)) has effect, in its application to conduct before the passing of this Act, as if the offences specified or described in this Part included any corresponding offences under the law in force at the time of the conduct.E+W+N.I.

(2)Paragraph 30(2) has effect, in its application to conduct before the passing of this Act or before the coming into force of section 59 of this Act, as if the offence specified or described in that provision were an offence of inciting the commission of an offence specified or described in this Part of this Schedule.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I27Sch. 1 para. 31 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Scope of offencesE+W+N.I.

32Where this Part of this Schedule refers to offences which are offences under the law of Northern Ireland and another country, the reference is to be read as limited to the offences so far as they are offences under the law of Northern Ireland.E+W+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I28Sch. 1 para. 32 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

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