Part XI Miscellaneous and Supplementary
C1116 Meaning of “serious arrestable offence”.
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
F1aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
an offence under an enactment specified in Part II of that Schedule F2and
c
any of the offences mentioned in paragraphs (a) to (f) of section 1(3) of the Drug Trafficking Act 1994.
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 F3section 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.