Part X Cross-Border Enforcement

137BF1Meaning 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.