PART XIMiscellaneous and Supplementary

116Meaning 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

b

an offence under an enactment specified in Part II of that Schedule.

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 section 1, 9 or 10 of the [1984 c. 8.] Prevention of Terrorism (Temporary Provisions) Act 1984 is always a serious arrestable offence for the purposes of section 56 or 58 above, and an attempt or conspiracy 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.