If a member is convicted of a relevant offence, the Department of Justice may, in agreement with the Lord Chief Justice and to the extent that they both consider appropriate, withhold benefits payable under this scheme to or in respect of the member.

Paragraph (3) applies if benefits are to be withheld as a result of an offence falling within paragraph (b) of the definition of “relevant offence”.

In this regulation—

• “forfeiture certificate” means a certificate stating that the Department of Justice and the Lord Chief Justice issuing the certificate consider that the offence—

  1. a

     has been gravely injurious to the administration of justice; or

  2. b

     is liable to lead to serious loss of confidence in the judiciary; and

• “relevant offence” means—

  1. a

     one or more offences under the Official Secrets Acts 1911 to 1989 F1, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023, for which the member has been sentenced on the same occasion to—

     1. i

        a term of imprisonment of at least 10 years; or

     2. ii

        2 or more consecutive terms of imprisonment which add up to at least 10 years;

  2. b

     offences committed in connection with service in qualifying judicial office and in respect of which the Department of Justice and the Lord Chief Justice have issued a forfeiture certificate.