Paragraph 8 I1

Northern Ireland

(1)

Condition E (automatic inclusion: overseas offence) is that on or after 15th June 2007 the person has been found to have done an act which—

(a)

constituted an offence under the law in force in a country outside the United Kingdom; and

(b)

would constitute an offence mentioned in sub-paragraph (2) if it had been done in any part of the United Kingdom.

(2)

Sub-paragraph (1)(b) applies in relation to—

(a)

any offence set out in Parts 2 and 3;

(b)

any offence set out in Part 4 committed against or involving a child;

(c)

any offence set out in Part 5 committed against or involving a child under 16; or

(d)

any offence that is related to an offence mentioned in paragraphs (a) to (c).

(3)

In sub-paragraph (1) a person has been “found to have done an act which constituted an offence” if, under the law in force in a country outside the United Kingdom—

(a)

he has been convicted of an offence (whether or not he has been punished for it);

(b)

he has been cautioned in respect of an offence;

(c)

a court exercising jurisdiction under that law has made in respect of an offence a finding equivalent to a finding that he is not guilty by reason of insanity; or

(d)

such a court has made in respect of an offence a finding equivalent to a finding that he is under a disability and did the act charged against him in respect of the offence.

(4)

An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of sub-paragraphs (1) and (3) however it is described in that law.

Annotations

Commencement

I1: Sch. para. 8 in operation at 15.6.2007, see reg. 1