Part X Cross-Border Enforcement

F1137BMeaning of “specified offence” for the purposes of section 137A

(1)

In section 137A, “specified offence” has the meaning given by this section.

(2)

An offence committed in England and Wales is a specified offence if it is—

(a)

an offence (including an offence under the common law) that is punishable by virtue of any statutory provision with imprisonment or another form of detention for a term of 10 years or with a greater punishment,

(b)

an offence specified in Part 1 of Schedule 7A,

(c)

an offence of attempting or conspiring to commit, or of inciting the commission of, an offence mentioned in paragraph (a) or (b), or

(d)

an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to an offence mentioned in paragraph (a) or (b).

(3)

An offence committed in Scotland is a specified offence if it is—

(a)

an offence (including an offence under the common law) that is punishable by virtue of any statutory provision with imprisonment or another form of detention for a term of 10 years or with a greater punishment,

(b)

an offence specified in Part 2 of Schedule 7A, or

(c)

an offence of attempting or conspiring to commit, or of inciting the commission of, an offence mentioned in paragraph (a) or (b).

(4)

An offence committed in Northern Ireland is a specified offence if it is—

(a)

an offence (including an offence under the common law) that is punishable by virtue of any statutory provision with imprisonment or another form of detention for a term of 10 years or with a greater punishment,

(b)

an offence specified in Part 3 of Schedule 7A,

(c)

an offence of attempting or conspiring to commit, or of inciting the commission of, an offence mentioned in paragraph (a) or (b), or

(d)

an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to an offence mentioned in paragraph (a) or (b).

(5)

The Secretary of State may by regulations made by statutory instrument amend Part 1, 2 or 3 of Schedule 7A so as to add an offence to, or remove an offence from, the offences for the time being specified in the Part.

(6)

Regulations under subsection (5) may add an offence to a Part of Schedule 7A only if—

(a)

the offence is indictable, and

(b)

the Secretary of State considers that it is necessary in the interests of justice to add the offence to the Part.

(7)

For the purpose of subsection (6)(a), an offence is indictable if—

(a)

in the case of an offence under the law of England and Wales, it is an indictable offence in England and Wales;

(b)

in the case of an offence under the law of Scotland, it may be tried on indictment in Scotland;

(c)

in the case of an offence under the law of Northern Ireland, it is an indictable offence in Northern Ireland.

(8)

The Secretary of State may not make regulations under subsection (5) unless the Scottish Ministers and the Department of Justice in Northern Ireland consent to the making of the regulations.

(9)

A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(10)

In this section—

(a)

a description of an offence in subsection (2)(a) or (b) or (4)(a) or (b) includes such an offence committed by aiding, abetting, counselling or procuring;

(b)

a description of an offence in subsection (3)(a) or (b) includes such an offence committed by involvement art and part or by aiding, abetting, counselling or procuring;

(c)

“statutory provision” means any provision of—

(i)

an Act or subordinate legislation within the meaning of the Interpretation Act 1978;

(ii)

an Act of the Scottish Parliament or an instrument made under such an Act;

(iii)

a Measure or Act of the National Assembly for Wales or an instrument made under such a Measure or Act;

(iv)

Northern Ireland legislation or an instrument made under Northern Ireland legislation.