65AQualifying offence”

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.