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Crime and Security Act 2010

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7“Qualifying offence”E+W

This section has no associated Explanatory Notes

After section 65 of the Police and Criminal Evidence Act 1984 there is inserted—

65AQualifying offence”

(1)In this Part, “qualifying offence” means—

(a)an offence specified in subsection (2) below, or

(b)an ancillary offence relating to such an offence.

(2)The offences referred to in subsection (1)(a) above are—



(c)false imprisonment;


(e)an offence under section 4, 16, 18, 20 to 24 or 47 of the Offences Against the Person Act 1861;

(f)an offence under section 2 or 3 of the Explosive Substances Act 1883;

(g)an offence under section 1 of the Children and Young Persons Act 1933;

(h)an offence under section 4(1) of the Criminal Law Act 1967 committed in relation to murder;

(i)an offence under sections 16 to 18 of the Firearms Act 1968;

(j)an offence under section 9 or 10 of the Theft Act 1968 or an offence under section 12A of that Act involving an accident which caused a person's death;

(k)an offence under section 1 of the Criminal Damage Act 1971 required to be charged as arson;

(l)an offence under section 1 of the Protection of Children Act 1978;

(m)an offence under section 1 of the Aviation Security Act 1982;

(n)an offence under section 2 of the Child Abduction Act 1984;

(o)an offence under section 9 of the Aviation and Maritime Security Act 1990;

(p)an offence under any of sections 1 to 19, 25, 26, 30 to 41, 47 to 50, 52, 53, 57 to 59, 61 to 67, 69 and 70 of the Sexual Offences Act 2003;

(q)an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004;

(r)an offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008.

(3)The Secretary of State may by order made by statutory instrument amend subsection (2) above.

(4)A statutory instrument containing an order under subsection (3) above shall not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(5)In subsection (1)(b) above “ancillary offence”, in relation to an offence, means—

(a)aiding, abetting, counselling or procuring the commission of the offence;

(b)an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence (including, in relation to times before the commencement of that Part, an offence of incitement);

(c)attempting or conspiring to commit the offence.

Commencement Information

I1S. 7 in force at 7.3.2011 by S.I. 2011/414, art. 2(f)

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