Part 7Criminal memoirs etc

Exploitation proceeds orders

I1156Qualifying offenders

1

In this Part “qualifying offender” means a person who is within subsection (2) or (3) (or both).

2

A person is within this subsection if (whether before or after the commencement of this Part) the person—

a

has been convicted by a court in the United Kingdom of an offence,

b

has been found not guilty by such a court of an offence by reason of insanity, F1or

F2ba

has been acquitted by such a court of an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995 (c.46), or

c

has been found by such a court to be under a disability and to have done the act charged in respect of an offence.

3

A person is within this subsection if—

a

under the law in force in a country outside the United Kingdom (and whether before or after the commencement of this Part)—

i

the person has been convicted of a foreign offence,

ii

a court exercising jurisdiction under that law has made, in respect of a foreign offence, a finding equivalent to a finding that the person was not guilty by reason of insanity, F3or

F4iia

such a court has made, in respect of a foreign offence, a finding equivalent to a finding of the person's acquittal by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995, or

iii

such a court has made, in respect of a foreign offence, a finding equivalent to a finding that the person was under a disability and did the act charged in respect of the offence, and

b

the person—

i

is a United Kingdom national,

ii

is resident in the United Kingdom, or

iii

was resident in the United Kingdom at the time the act which constituted the offence was done.

4

In subsection (3)—

  • “foreign offence” means an act which—

    1. a

      constituted an offence under the law in force in the country concerned,

    2. b

      at the time it was done, would have constituted an offence if it had been done in any part of the United Kingdom, and

    3. c

      would constitute an offence if it were done in any part of the United Kingdom at the time the application for an exploitation proceeds order is made in respect of it;

  • “United Kingdom national” means an individual who is—

    1. a

      a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

    2. b

      a person who under the British Nationality Act 1981 (c. 61) is a British subject, or

    3. c

      a British protected person within the meaning of that Act.

5

For the purposes of subsection (4), conduct punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law however it is described in that law.

6

In this section a reference to the doing of an act includes a reference to a failure to act.