|
| |
|
(2) | An offence under any of sections 57 to 59 of the Sexual Offences Act 2003 |
| |
(c. 42) (trafficking for sexual exploitation). |
| |
(3) | An offence under section 4 of the Asylum and Immigration (Treatment of |
| |
Claimants, etc.) Act 2004 (c. 19) (trafficking people for exploitation). |
| |
| 5 |
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 |
| |
| |
(a) | section 68(2) (exportation of prohibited or restricted goods); |
| |
(b) | section 170 (fraudulent evasion of duty etc.). |
| 10 |
(2) | An offence under Article 24 of the Firearms (Northern Ireland) Order 2004 |
| |
(S.I. 2004/702 (N.I.3)) (dealing etc. in firearms or ammunition by way of |
| |
trade or business without being registered). |
| |
(3) | In this paragraph “firearm” and “ammunition” have the same meanings as |
| |
in Article 2(2) of the Firearms (Northern Ireland) Order 2004. |
| 15 |
Prostitution and child sex |
| |
20 (1) | An offence under section 13(1) of the Criminal Law Amendment Act 1885 (c. |
| |
69) (keeping a brothel used for prostitution). |
| |
(2) | An offence under any of the following provisions of the Sexual Offences Act |
| |
| 20 |
(a) | section 48 (causing or inciting child prostitution or pornography); |
| |
(b) | section 49 (controlling a child prostitute or a child involved in |
| |
| |
(c) | section 50 (arranging or facilitating child prostitution or |
| |
| 25 |
(d) | section 52 (causing or inciting prostitution for gain); |
| |
(e) | section 53 (controlling prostitution for gain). |
| |
| |
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 |
| 30 |
imitation firearm or an offensive weapon. |
| |
(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. |
| |
| |
“firearm” and “imitation firearm” have the meaning given by Article |
| 35 |
2(2) of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 |
| |
| |
“offensive weapon” means any weapon to which section 141 of the |
| |
Criminal Justice Act 1988 (c. 33) (offensive weapons) applies. |
| |
| 40 |
22 | An offence under any of the following provisions of the Proceeds of Crime |
| |
| |
|
| |
|
| |
|
(a) | section 327 (concealing etc. criminal property); |
| |
(b) | section 328 (facilitating the acquisition etc. of criminal property by or |
| |
| |
(c) | section 329 (acquisition, use and possession of criminal property). |
| |
| 5 |
23 (1) | An offence under section 17 of the Theft Act (Northern Ireland) 1969 (c. 16 |
| |
(N.I.)) (false accounting). |
| |
(2) | An offence under any of the following provisions of the Fraud Act 2006 |
| |
| |
(a) | section 1 (fraud by false representation, failing to disclose |
| 10 |
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 |
| |
| 15 |
(e) | section 11 (obtaining services dishonestly). |
| |
(3) | An offence at common law of conspiracy to defraud. |
| |
Offences in relation to public revenue |
| |
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 |
| 20 |
paragraph 17(2)(c) or 19(1)(b) above. |
| |
(2) | An offence under section 72 of the Value Added Tax Act 1994 (c. 23) |
| |
(fraudulent evasion of VAT etc.). |
| |
(3) | An offence under section 144 of the Finance Act 2000 (c. 17) (fraudulent |
| |
| 25 |
(4) | An offence under section 35 of the Tax Credits Act 2002 (c. 21) (tax credit |
| |
| |
(5) | An offence at common law of cheating in relation to the public revenue. |
| |
| |
25 (1) | An offence under section 1 of the Public Bodies Corrupt Practices Act 1889 |
| 30 |
(c. 69) (corruption in public office). |
| |
(2) | An offence which is the first or second offence under section 1(1) of the |
| |
Prevention of Corruption Act 1906 (c. 34) (corrupt transactions with agents |
| |
other than those of giving or using false etc. documents which intended to |
| |
| 35 |
(3) | An offence at common law of bribery. |
| |
| |
26 | 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); |
| 40 |
|
| |
|
| |
|
(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). |
| |
| 5 |
27 (1) | An offence under section 20 of the Theft Act (Northern Ireland) 1969 (c. 16) |
| |
| |
(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.). |
| 10 |
| |
28 (1) | An offence under any of the following provisions of the Copyright, Designs |
| |
and Patents Act 1988 (c. 48)— |
| |
(a) | section 107(1)(a), (b), (d)(iv) or (e) (making, importing or distributing |
| |
an article which infringes copyright); |
| 15 |
(b) | section 198(1)(a), (b) or (d)(iii) (making, importing or distributing an |
| |
| |
(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.). |
| 20 |
| |
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). |
| |
(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.). |
| 25 |
(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). |
| |
(4) | An offence under regulation 8 of the Control of Trade in Endangered Species |
| |
(Enforcement) Regulations 1997 (S.I. 1997/1372) (purchase and sale etc. of |
| 30 |
endangered species and provision of false statements and certificates). |
| |
| |
30 (1) | An offence of attempting or conspiring the commission of an offence |
| |
specified or described in this Part of this Schedule. |
| |
(2) | An offence under Part 2 of this Act (encouraging or assisting) where the |
| 35 |
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 |
| |
| |
(3) | An offence of aiding, abetting, counselling or procuring the commission of |
| |
an offence specified or described in this Part of this Schedule. |
| 40 |
|
| |
|
| |
|
(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 |
| |
| |
| |
31 (1) | This Part of this Schedule (apart from paragraph 30(2)) has effect, in its |
| 5 |
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. |
| |
(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 57 of this Act, as if the |
| 10 |
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 |
| |
| |
| |
32 | Where this Part of this Schedule refers to offences which are offences under |
| 15 |
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 |
| |
| |
| |
| |
Functions of applicant authorities under Part 1 |
| 20 |
Director of Public Prosecutions |
| |
1 | The functions of the Director of Public Prosecutions under this Part are— |
| |
(a) | to have the conduct of applications for serious crime prevention |
| |
orders in England and Wales or for their variation or discharge; |
| |
(b) | to appear on any application made under section 17 or 18 by another |
| 25 |
person for the variation or discharge of a serious crime prevention |
| |
order in England and Wales; |
| |
(c) | to have the conduct of, or (as the case may be) appear in, any other |
| |
proceedings in connection with serious crime prevention orders |
| |
(whether proceedings on appeal, by virtue of section 27 or |
| 30 |
| |
(d) | to give advice in connection with any proceedings or possible |
| |
proceedings in connection with serious crime prevention orders; and |
| |
(e) | to do anything for the purposes of, or in connection with, the |
| |
functions in paragraphs (a) to (d). |
| 35 |
2 (1) | The Director may, to such extent as he may decide, delegate the exercise of |
| |
his functions under this Part to a Crown Prosecutor. |
| |
(2) | References in this Part to the Director are accordingly to be read, so far as |
| |
necessary for the purposes of sub-paragraph (1), as references to the Director |
| |
| 40 |
3 | The functions of the Director under this Part are exercisable under the |
| |
superintendence of the Attorney General. |
| |
|
| |
|
| |
|
4 (1) | The Code for Crown Prosecutors issued under section 10 of the Prosecution |
| |
of Offences Act 1985 (c. 23) (guidelines for Crown Prosecutors) may include |
| |
guidance by the Director on general principles to be applied by Crown |
| |
Prosecutors in determining in any case— |
| |
(a) | whether to make an application for a serious crime prevention order |
| 5 |
in England and Wales or for the variation or discharge of such an |
| |
| |
(b) | whether to present a petition by virtue of section 27 of this Act; or |
| |
(c) | where such an application has been made or petition presented, |
| |
whether the proceedings concerned should be discontinued. |
| 10 |
(2) | Section 10(2) and (3) of that Act (power to make alterations in the Code and |
| |
duty to set out alterations in Director’s report) are to be read accordingly. |
| |
5 | Section 14 of that Act (power of Attorney General to make regulations about |
| |
fees of legal representatives and costs and expenses of witnesses) applies in |
| |
relation to proceedings in connection with serious crime prevention orders |
| 15 |
and attendance for the purposes of such cases as it applies in relation to |
| |
criminal proceedings and attendance for the purposes of such cases. |
| |
Director of Revenue and Customs Prosecutions |
| |
6 | The functions of the Director of Revenue and Customs Prosecutions under |
| |
| 20 |
(a) | to have the conduct of applications for serious crime prevention |
| |
orders in England and Wales or for their variation or discharge; |
| |
(b) | to appear on any application made under section 17 or 18 by another |
| |
person for the variation or discharge of a serious crime prevention |
| |
order in England and Wales; |
| 25 |
(c) | to have the conduct of, or (as the case may be) appear in, any other |
| |
proceedings in connection with serious crime prevention orders |
| |
(whether proceedings on appeal, by virtue of section 27 or |
| |
| |
(d) | to give advice in connection with any proceedings or possible |
| 30 |
proceedings in connection with serious crime prevention orders; and |
| |
(e) | to do anything for the purposes of, or in connection with, the |
| |
functions in paragraphs (a) to (d). |
| |
7 (1) | The Director may, to such extent as he may decide, delegate the exercise of |
| |
his functions under this Part to a Revenue and Customs Prosecutor. |
| 35 |
(2) | References in this Part to the Director are accordingly to be read, so far as |
| |
necessary for the purposes of sub-paragraph (1), as references to the Director |
| |
or any Revenue and Customs Prosecutor. |
| |
8 | The functions of the Director under this Part are exercisable under the |
| |
superintendence of the Attorney General. |
| 40 |
9 | The Director must have regard to the Code for Crown Prosecutors issued |
| |
under section 10 of the Prosecution of Offences Act 1985 (guidelines for |
| |
Crown Prosecutors) so far as it applies in relation to serious crime |
| |
prevention orders in England and Wales, and petitions and proceedings by |
| |
virtue of section 27 of this Act, by virtue of paragraph 4 above. |
| 45 |
10 | Section 21 of the Commissioners for Revenue and Customs Act 2005 (c. 11) |
| |
(disclosure to prosecuting authority) has effect as if the purpose mentioned |
| |
|
| |
|
| |
|
in subsection (1)(b) included the purpose of enabling the Director to exercise |
| |
his functions under this Part. |
| |
11 | Section 41(1) of the Act of 2005 (disclosure of information to Director) |
| |
applies in relation to a purpose connected with a serious crime prevention |
| |
order or possible serious crime prevention order as it applies in relation to a |
| 5 |
purpose connected with a specified investigation or prosecution. |
| |
Director of Serious Fraud Office |
| |
12 | The functions of the Director of the Serious Fraud Office under this Part |
| |
| |
(a) | to have the conduct of applications for serious crime prevention |
| 10 |
orders in England and Wales or for their variation or discharge; |
| |
(b) | to appear on any application made under section 17 or 18 by another |
| |
person for the variation or discharge of a serious crime prevention |
| |
order in England and Wales; |
| |
(c) | to have the conduct of, or (as the case may be) appear in, any other |
| 15 |
proceedings in connection with serious crime prevention orders |
| |
(whether proceedings on appeal, by virtue of section 27 or |
| |
| |
(d) | to give advice in connection with any proceedings or possible |
| |
proceedings in connection with serious crime prevention orders; and |
| 20 |
(e) | to do anything for the purposes of, or in connection with, the |
| |
functions in paragraphs (a) to (d). |
| |
13 (1) | The Director may, to such extent as he may decide, delegate the exercise of |
| |
his functions under this Part to a member of the Serious Fraud Office |
| |
designated under section 1(7) of the Criminal Justice Act 1987 (c. 38). |
| 25 |
(2) | References in this Part to the Director are accordingly to be read, so far as |
| |
necessary for the purposes of sub-paragraph (1) above, as references to the |
| |
Director or any member of the Serious Fraud Office so designated. |
| |
14 | The functions of the Director under this Part are exercisable under the |
| |
superintendence of the Attorney General. |
| 30 |
15 | Paragraph 8 of Schedule 1 to the Criminal Justice Act 1987 (power of |
| |
Attorney General to make regulations about fees of counsel and costs and |
| |
expenses of witnesses) applies in relation to proceedings in connection with |
| |
serious crime prevention orders and attendance for the purposes of such |
| |
cases as it applies in relation to criminal proceedings and attendance for the |
| 35 |
| |
Director of Public Prosecutions for Northern Ireland |
| |
16 | The functions of the Director of Public Prosecutions for Northern Ireland |
| |
| |
(a) | to have the conduct of applications for serious crime prevention |
| 40 |
orders in Northern Ireland or for their variation or discharge; |
| |
(b) | to appear on any application made under section 17 or 18 by another |
| |
person for the variation or discharge of a serious crime prevention |
| |
order in Northern Ireland; |
| |
(c) | to have the conduct of, or (as the case may be) appear in, any other |
| 45 |
proceedings in connection with serious crime prevention orders |
| |
|
| |
|
| |
|
(whether proceedings on appeal, by virtue of section 28 or |
| |
| |
(d) | to give advice in connection with any proceedings or possible |
| |
proceedings about serious crime prevention orders; and |
| |
(e) | to do anything for the purposes of, or in connection with, the |
| 5 |
functions in paragraphs (a) to (d). |
| |
17 | References in this Part to the Director are to be read, so far as necessary for |
| |
the purposes of functions delegated by him to Public Prosecutors, as |
| |
references to the Director or any Public Prosecutor. |
| |
18 (1) | The Code for Public Prosecutors issued under section 37 of the Justice |
| 10 |
(Northern Ireland) Act 2002 (c. 26) (guidelines for Public Prosecutors) may |
| |
include guidance by the Director on general principles to be applied by |
| |
Public Prosecutors in determining in any case— |
| |
(a) | whether to make an application for a serious crime prevention order |
| |
in Northern Ireland or for the variation or discharge of such an order; |
| 15 |
(b) | whether to present a petition by virtue of section 28 of this Act; or |
| |
(c) | where such an application has been made or petition presented, |
| |
whether the proceedings concerned should be discontinued. |
| |
(2) | Sections 37(4) and 39(2) of that Act (power to make alterations in the Code |
| |
and duty to set out alterations in Director’s report) are to be read |
| 20 |
| |
19 | Section 1 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10 |
| |
(N.I.)) (expenses of prosecution) applies in relation to proceedings in |
| |
connection with serious crime prevention orders and attendance for the |
| |
purposes of such cases as it applies in relation to criminal proceedings and |
| 25 |
attendance for the purposes of such cases. |
| |
| |
20 | In this Schedule references to having the conduct of proceedings include |
| |
references to starting or discontinuing proceedings. |
| |
| 30 |
| |
| |
| |
Offences common to England and Wales and Northern Ireland |
| |
Offences against the Person Act 1861 (c. 100) |
| |
1 | An offence under section 4 of the Offences against the Person Act 1861 |
| 35 |
(solicitation etc. of murder). |
| |
2 | An offence under section 21 of that Act (attempting to choke etc. in order to |
| |
commit or assist in the committing of any indictable offence) so far as it may |
| |
be committed with the intention of enabling any other person to commit, or |
| |
assisting any other person in the commission of, an indictable offence. |
| 40 |
|
| |
|