(1)This section has effect for determining whether an offence is a serious arrestable offence for the purposes of this Act.
(2)The following arrestable offences are always serious—
(a)an offence (whether at common law or under any enactment) specified in Part I of Schedule 5 to this Act; and
[F1(aa)any of the offences mentioned in paragraphs (a) to (d) of the definition of “drug trafficking offence” in section 38(1) of the Drug Trafficking Offences Act 1986]
(b)an offence under an enactment specified in Part II of that Schedule.
(3)Subject to subsections (4) and (5) below, any other arrestable offence is serious only if its commission—
(a)has led to any of the consequences specified in subsection (6) below; or
(b)is intended or is likely to lead to any of those consequences.
(4)An arrestable offence which consists of making a threat is serious if carrying out the threat would be likely to lead to any of the consequences specified in subsection (6) below.
(5)An offence under [F2section 2, 8, 9, 10, or 11 of the Prevention of Terrorism (Temporary Provisions) Act 1989] is always a serious arrestable offence for the purposes of section 56 or 58 above, and an attempt to commit any such offence is also always a serious arrestable offence for those purposes.
(6)The consequences mentioned in subsections (3) and (4) above are
(a)serious harm to the security of the State or to public order;
(b)serious interference with the administration of justice or with the investigation of offences or of a particular offence;
(c)the death of any person;
(d)serious injury to any person;
(e)substantial financial gain to any person; and
(f)serious financial loss to any person.
(7)Loss is serious for the purposes of this section if, having regard to all the circumstances, it is serious for the person who suffers it.
(8)In this section “injury” includes any disease and any impairment of a person’s physical or mental condition.
Textual Amendments
F1S. 116(2)(aa) inserted by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 36
F2Words substituted by Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4, SIF 39:2), s. 25(1), Sch. 8 para. 6(7)