SCHEDULES
F1SCHEDULE 7BGeneral restrictions
Part 1General restrictions
Criminal law
4
1
A provision of an Act of the Assembly cannot—
a
make modifications of, or confer power by subordinate legislation to make modifications of, an offence in a listed category;
b
create, or confer power by subordinate legislation to create, an offence in a listed category.
2
The listed categories of offences are—
a
treason and related offences;
b
homicide offences (including offences relating to suicide) and other offences against the person (including offences involving violence or threats of violence) that are triable only on indictment;
c
sexual offences (including offences relating to indecent or pornographic images);
d
offences of a kind dealt with by the Perjury Act 1911.
3
A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, the law about—
a
criminal responsibility and capacity,
b
the meaning of intention, recklessness, dishonesty and other mental elements of offences,
c
inchoate and secondary criminal liability, or
d
sentences and other orders and disposals in respect of defendants in criminal proceedings, or otherwise in respect of criminal conduct, and their effect and operation.
4
For the purposes of this paragraph, a modification of the law relating to defences to an offence is a modification of the offence.
5
This paragraph does not affect the reservation, by virtue of Schedule 7A, of the creation or modification of offences in relation to reserved matters.
(See also paragraph 8 of that Schedule (single legal jurisdiction of England and Wales).)
Schs. 7A, 7B substituted for Sch. 7 (1.4.2018) by Wales Act 2017 (c. 4), s. 71(3), Sch. 2 (with Sch. 7 paras. 1, 2, 6); S.I. 2017/1179, reg. 2