Section 116 Section 114: qualifying offendersF1E1
Northern Ireland
A person is a qualifying offender for the purposes of section 114 if, whether before or after the commencement of this Part, he—
has been convicted of an offence within subsection (2),
has been found not guilty of such an offence by reason of insanity,
has been found to be under a disability and to have done the act charged against him in respect of such an offence, or
in England and Wales or Northern Ireland, has been cautioned in respect of such an offence.
The offences are—
an offence within any of paragraphs 13 to 15, 44 to 46, 77, 78 and 82 of Schedule 3;
an offence within paragraph 93 F4or 93A of that Schedule, if—
the corresponding civil offence is an offence within any of paragraphs 13 to 15 of that Schedule;
the corresponding civil offence is an offence within paragraph 31 of that Schedule, and the intended offence was an offence against a person under 18; or
the corresponding civil offence is an offence within any of paragraphs 1 to 12, 16 to 30 and 32 to 35 of that Schedule, and the victim of the offence was under 18 at the time of the offence.
an offence within any other paragraph of that Schedule, if the victim of the offence was under 18 at the time of the offence.
In subsection (2)(c) references to the corresponding civil offence are to be read, in relation to an offence within paragraph 93A of Schedule 3, as references to the corresponding offence under the law of England and Wales.
A person is also a qualifying offender for the purposes of section 114 if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—
he has been convicted of a relevant offence (whether or not he has been punished for it),
a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that he is not guilty by reason of insanity,
such a court has made in respect of a relevant 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, or
he has been cautioned in respect of a relevant offence.
In subsection (3), “relevant offence” means an act which—
constituted an offence under the law in force in the country concerned, and
would have constituted an offence within subsection (2) if it had been done in any part of the United Kingdom.
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 subsection (4), however it is described in that law.
Subject to subsection (7), on an application under section 114 the condition in subsection (4)(b) above (where relevant) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—
stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,
showing his grounds for that opinion, and
requiring the applicant to prove that the condition is met.
The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is met without service of a notice under subsection (6).
Annotations
Textual amendments
- F1
Ss. 104-122 repealed (E.W.) (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 3 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(e)
- F2
Words in s. 116(2)(b) inserted (N.I.) (5.7.2011) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(2), Sch. 7 para. 12(1)
- F3
Words in s. 116(2)(b)(c)(ii)(iii)(d) substituted (E.W.N.I.) (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 23(1)(b)(2), 116(1); S.I. 2010/507, art. 5(j) (subject to art. 6)
- F4
Words in s. 116(2)(c) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 207(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
- F5
S. 116(2A) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 207(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Extent
- E1
This version of this provision extends to Northern Ireland only; a separate version has been created for Scotland only
Notes on Part 2
Modifications
- C1
Pt. 2 applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 352(2)(b)(3), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
- C2
Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 18(3), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
- C3
Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 35(3)(4), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
- C4
Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 38(4)-(6), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
Notes on Foreign travel orders (Scotland and Northern Ireland)
Textual amendments
- F2
Words in s. 114 cross-heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 64 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)