Serious Crime Act 2007

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

Drug trafficking E+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);

[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).

Textual Amendments

F1 Sch. 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

I1 Sch. 1 para. 17 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

[F2 17A E+W+N.I. An offence under any of the following provisions of the Psychoactive Substances Act 2016—

(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).]

Textual Amendments

F2 Sch. 1 para. 17A inserted (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), s. 63(2), Sch. 5 para. 8(4); S.I. 2016/553, reg. 2

People trafficking E+W+N.I.

18 (1) An offence under section 25 [F3 or 25A] of the Immigration Act 1971 (c. 77) (assisting unlawful immigration etc.). E+W+N.I.

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (4) An offence under section1 or 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015]

Textual Amendments

F3 Words in Sch. 1 para. 18(1) substituted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), reg. 1(2), Sch. 1 para. 1(4)(a) (with Sch. 1 para. 1(5))

F4 Sch. 1 para. 18(2) repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)), s. 28(2), Sch. 5

F5 Sch. 1 para. 18(3) repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)), s. 28(2), Sch. 5

F6 Sch. 1 para. 18(4) added (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 4 para. 7

Commencement Information

I2 Sch. 1 para. 18 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

[F7 Terrorism E+W+N.I.

Textual Amendments

F7 Sch. 1 para. 18A inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 14(4), 27(3) (with s. 25(6))

18A E+W+N.I. An offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008 (offences to which Part 4 of that Act applies: terrorism offences).]

[F8 Firearms offences] E+W+N.I.

Textual Amendments

F8 Sch. 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.).

[F9 (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.

Textual Amendments

F9 Sch. 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

I3 Sch. 1 para. 19 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Prostitution and child sex E+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).

Commencement Information

I4 Sch. 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.

Commencement Information

I5 Sch. 1 para. 21 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Money laundering E+W+N.I.

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

(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).

Commencement Information

I6 Sch. 1 para. 22 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Fraud E+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).

[F10 (2A) An offence under section 199 of the Economic Crime and Corporate Transparency Act 2023 (failure to prevent fraud offences).]

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

Textual Amendments

F10 Sch. 1 para. 23(2A) inserted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 206(2)(c), 219(1)(2)(b)

Commencement Information

I7 Sch. 1 para. 23 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Offences in relation to public revenue [F11 etc] E+W+N.I.

Textual Amendments

F11 Word in Sch. 1 para. 24 cross-heading inserted (27.4.2017 for specified purposes, 30.9.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 51(2)(c), 58(5)(6); S.I. 2017/739, reg. 3

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 [F12 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 (c. 21) (tax credit fraud).

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

[F13 (6) An offence under section 45 or 46 of the Criminal Finances Act 2017 (failure to prevent the facilitation of UK tax evasion offences or foreign tax evasion offences).]

Textual Amendments

F12 Words 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)

F13 Sch. 1 para. 24(6) inserted (27.4.2017 for specified purposes, 30.9.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 51(2)(c), 58(5)(6); S.I. 2017/739, reg. 3

Commencement Information

I8 Sch. 1 para. 24 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

[F14 Bribery E+W+N.I.

Textual Amendments

F14 Sch. 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

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

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

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

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

Counterfeiting E+W+N.I.

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

(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).

Commencement Information

I9 Sch. 1 para. 26 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Blackmail E+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.).

Commencement Information

I10 Sch. 1 para. 27 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

[F15 Computer misuse E+W+N.I.

Textual Amendments

F15 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)

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

(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 property E+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.).

Commencement Information

I11 Sch. 1 para. 28 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Environment E+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).

[F16 (4) An offence under paragraph 1(2) of Schedule 1 to the Control of Trade in Endangered Species Regulations 2018 (S.I. 2018/703).]

[F16 (5) An offence under paragraph 2 of that Schedule which consists of the conduct specified in the table in that paragraph as the subject matter of Article 16(1)(c) or (d) of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein.]

Textual Amendments

F16 Sch. 1 para. 29(4)(5) substituted for Sch. 1 para. 29(4) (6.11.2019) by The Control of Trade in Endangered Species (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1354), regs. 1, 3

Commencement Information

I12 Sch. 1 para. 29 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

F17 ... Sanctions legislation E+W+N.I.

Textual Amendments

F17 Word in Sch. 1 para. 29A heading omitted (22.11.2018) by Sanctions and Anti-Money Laundering Act 2018 (c. 13), s. 64, Sch. 3 para. 5(5); S.I. 2018/1213, reg. 2(f)

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.

[F18 (5A) An offence under regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018.]

(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.

Textual Amendments

F18 Sch. 1 para. 29A(5A) inserted (22.11.2018) by Sanctions and Anti-Money Laundering Act 2018 (c. 13), s. 64, Sch. 3 para. 5(4); S.I. 2018/1213, reg. 2(f)

Inchoate offences E+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.

Commencement Information

I13 Sch. 1 para. 30 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Earlier offences E+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.

Commencement Information

I14 Sch. 1 para. 31 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Scope of offences E+W+N.I.

32 E+W+N.I. Where 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.

Commencement Information

I15 Sch. 1 para. 32 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)