Police and Criminal Evidence Act 1984

[F1 65A “Qualifying offence” E+W

(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;

[F2 (da) an offence of indecent exposure;

(db) an offence under section 4 of the Vagrancy Act 1824, committed by a person by wilfully, openly, lewdly, and obscenely exposing his person with intent to insult any female;

(dc) an offence under section 28 of the Town Police Clauses Act 1847, committed by a person by wilfully and indecently exposing his person;]

(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;

[F3 (fa) an offence under section 1 of the Infant Life (Preservation) Act 1929;]

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

[F4 (ga) an offence under section 1 of the Infanticide Act 1938;

(gb) an offence under section 12 or 13 of the Sexual Offences Act 1956, other than an offence committed by a person where the other person involved in the conduct constituting the offence consented to it and was aged 16 or over;

(gc) an offence under any other section of that Act, other than sections 18 and 32;

(gd) an offence under section 128 of the Mental Health Act 1959;

(ge) an offence under section 1 of the Indecency with Children Act 1960;]

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

[F5 (ha) an offence under section 5 of the Sexual Offences Act 1967;]

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

(j) an offence under [F6 section 8, 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;

[F7 (ja) an offence under section 1(1) of the Genocide Act 1969;]

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

[F8 (ka) an offence under section 54 of the Criminal Law Act 1977;]

(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;

[F9 (na) an offence under section 1 of the Prohibition of Female Circumcision Act 1985;

(nb) an offence under section 1 of the Public Order Act 1986;]

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

[F10 (oa) an offence under section 3 of the Sexual Offences (Amendment) Act 2000;

(ob) an offence under section 51 of the International Criminal Court Act 2001;

(oc) an offence under section 1, 2 or 3 of the Female Genital Mutilation Act 2003;]

(p) an offence under any of sections 1 to 19, 25, 26, 30 to 41, 47 to 50, 52, 53, 57 to [F11 59A ] , 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.

[F12 (s) an offence under section 2 of the Modern Slavery Act 2015 (human trafficking).]

(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.]

Textual Amendments

F1 S. 65A inserted (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 7, 59(1); S.I. 2011/414, art. 2(f)

F2 Ss. 65A(2)(da)-(dc) inserted (11.11.2013) by The Police and Criminal Evidence Act 1984 (Amendment: Qualifying Offences) Order 2013 (S.I. 2013/2774), arts. 1, 2(2)

F3 S. 65A(2)(fa) inserted (11.11.2013) by The Police and Criminal Evidence Act 1984 (Amendment: Qualifying Offences) Order 2013 (S.I. 2013/2774), arts. 1, 2(3)

F4 Ss. 65A(2)(ga)-(ge) inserted (11.11.2013) by The Police and Criminal Evidence Act 1984 (Amendment: Qualifying Offences) Order 2013 (S.I. 2013/2774), arts. 1, 2(4)

F5 S. 65A(2)(ha) inserted (11.11.2013) by The Police and Criminal Evidence Act 1984 (Amendment: Qualifying Offences) Order 2013 (S.I. 2013/2774), arts. 1, 2(5)

F6 Words in s. 65A(2)(j) substituted (31.10.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 18(4), 120 (with s. 97); S.I. 2013/1814, art. 2(d)

F7 S. 65A(2)(ja) inserted (11.11.2013) by The Police and Criminal Evidence Act 1984 (Amendment: Qualifying Offences) Order 2013 (S.I. 2013/2774), arts. 1, 2(6)

F8 S. 65A(2)(ka) inserted (11.11.2013) by The Police and Criminal Evidence Act 1984 (Amendment: Qualifying Offences) Order 2013 (S.I. 2013/2774), arts. 1, 2(7)

F9 S. 65A(2)(na)(nb) inserted (11.11.2013) by The Police and Criminal Evidence Act 1984 (Amendment: Qualifying Offences) Order 2013 (S.I. 2013/2774), arts. 1, 2(8)

F10 Ss. 65A(2)(oa)-(oc) inserted (11.11.2013) by The Police and Criminal Evidence Act 1984 (Amendment: Qualifying Offences) Order 2013 (S.I. 2013/2774), arts. 1, 2(9)

F11 Word in s. 65A(2)(p) substituted (6.4.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 137 (with s. 97); S.I. 2013/470, art. 2(d) (with arts. 5-8)

F12 S. 65A(2)(s) inserted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 3; S.I. 2015/1476, reg. 2(j)