Paragraph 5

The Parties shall ensure that their courts and other competent authorities having jurisdiction can take into account factual circumstances which make the commission of the offences established in accordance with paragraph 1 of this article particularly serious, such as:

(a)

The involvement in the offence of an organized criminal group to which the offender belongs;

(b)

The involvement of the offender in other international organized criminal activities;

(c)

The involvement of the offender in other illegal activities facilitated by commission of the offence;

(d)

The use of violence or arms by the offender;

(e)

The fact that the offender holds a public office and that the offence is connected with the office in question;

(f)

The victimization or use of minors;

(g)

The fact that the offence is committed in a penal institution or in an educational institution or social service facility or in their immediate vicinity or in other places to which school children and students resort for educational, sports and social activities;

(h)

Prior conviction, particularly for similar offences, whether foreign or domestic, to the extent permitted under the domestic law of a Party.

Notes on Schedule 1

Footnotes

f1: Paragraph 15 of Schedule 1 to the 1989 Act was amended bt section 22 of the Criminal Justice (International Co-operation) Act 1990.
f2: Treaty Series No. 23 (1979), Cmnd. 7466.
f3: Miscellaneous No. 24 (1978), Cmnd. 7330.