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Crime and Security Act 2010

Crime and Security Act 2010 s 7

s 7 “Qualifying offence”

After section 65 of the Police and Criminal Evidence Act 1984 there is inserted— Qualifying offence” (65A) (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— (a) murder; (b) manslaughter; (c) false imprisonment; (d) kidnapping; (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.

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