PART 3Organised, serious and gang-related crime

Serious crime prevention orders

47Serious crime prevention orders: meaning of “serious offence”

(1)

Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences in England and Wales) is amended as set out in subsections (2) to (4).

(2)

In paragraph 1 (drug trafficking), after paragraph (b) of sub-paragraph (1) insert—

“(ba)

section 6 (restriction of cultivation of cannabis plant);”.

(3)

For paragraph 3 substitute—

“3Firearms offences

(1)

An offence under any of the following provisions of the Firearms Act 1968—

(a)

section 1(1) (possession etc of firearms or ammunition without certificate);

(b)

section 2(1) (possession etc of shot gun without certificate);

(c)

section 3(1) (dealing etc in firearms or ammunition by way of trade or business without being registered);

(d)

section 5(1), (1A) or (2A) (possession, manufacture etc of prohibited weapons).

(2)

An offence under either of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a firearm or ammunition—

(a)

section 68(2) (exportation of prohibited or restricted goods);

(b)

section 170 (fraudulent evasion of duty etc).

(3)

In sub-paragraph (2) “firearm” and “ammunition” have the same meanings as in section 57 of the Firearms Act 1968.”

(4)

After paragraph 11 insert—

“11AComputer misuse

An offence under any of the following provisions of the Computer Misuse Act 1990—

(a)

section 1 (unauthorised access to computer material);

(b)

section 2 (unauthorised access with intent to commit or facilitate commission of further offences);

(c)

section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer etc);

(d)

section 3ZA (unauthorised acts causing, or creating risk of, serious damage to human welfare etc);

(e)

section 3A (making, supplying or obtaining articles for use in offence under section 1, 3 or 3ZA).”

(5)

Part 2 of that Schedule (serious offences in Northern Ireland) is amended as set out in subsections (6) to (8).

(6)

In paragraph 17 (drug trafficking), after paragraph (b) of sub-paragraph (1) insert—

“(ba)

section 6 (restriction of cultivation of cannabis plant);”.

(7)

In paragraph 19 (arms trafficking), for sub-paragraph (2) substitute—

“(2)

An offence under any of the following provisions of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3))—

(a)

Article 3 (possession etc of firearms or ammunition without certificate);

(b)

Article 24 (dealing etc in firearms or ammunition by way of trade or business without being registered);

(c)

Article 45 (possession, manufacture etc of prohibited weapons).”

(8)

After paragraph 27 insert—

“27AComputer misuse

An offence under any of the following provisions of the Computer Misuse Act 1990—

(a)

section 1 (unauthorised access to computer material);

(b)

section 2 (unauthorised access with intent to commit or facilitate commission of further offences);

(c)

section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer etc);

(d)

section 3ZA (unauthorised acts causing, or creating risk of, serious damage to human welfare etc);

(e)

section 3A (making, supplying or obtaining articles for use in offence under section 1, 3 or 3ZA).”