The Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004

Made: 20th July 2004

Laid before Parliament: 22nd July 2004

Coming into force: 12th August 2004

In exercise of the powers conferred upon him by section 72(4)(a) of the Nationality, Immigration and Asylum Act 2002[^f00001], the Secretary of State hereby makes the following Order:

1

This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004 and shall come into force on 12th August 2004.

2

An offence of a description set out in any of Schedules 1 to 6 to this Order is hereby specified for the purposes of section 72(4)(a) of the Nationality, Immigration and Asylum Act 2002.

SCHEDULE 1 — STATUTORY OFFENCES THAT APPLY THROUGHOUT THE UNITED KINGDOM

Offences under the Explosive Substances Act 1883

• Section 2 (unlawfully and maliciously causing an explosion likely to endanger life or cause serious injury to property).

• Section 3(1)(a) (unlawfully and maliciously doing an act, intending or conspiring to cause an explosion likely to endanger life or cause serious injury to property).

• Section 3(1)(b) (unlawfully and maliciously making, possessing, or having under control, an explosive substance intending to endanger life or cause serious injury to property).

• Section 4 (making, or knowingly possessing, an explosive substance in circumstances that lead to reasonable suspicion that such making or possession is for an unlawful object).

Offences under the Misuse of Drugs Act 1971

• Section 4(3)(a) (supplying or offering to supply a controlled drug, where the offence in question is in respect of a Class A drug or Class B drug controlled by the Misuse of Drugs Act 1971).

• Section 4(3)(b) (being concerned in the supply of a controlled drug, where the offence in question is in respect of a Class A drug or Class B drug controlled by the Misuse of Drugs Act 1971).

• Section 4(3)(c) (being concerned in the making of an offer to supply a controlled drug, where the offence in question is in respect of a Class A drug or Class B drug controlled by the Misuse of Drugs Act 1971).

• Section 5(3) (possessing a controlled drug intending to supply it to another, where the offence in question is in respect of a Class A drug or Class B drug controlled by the Misuse of Drugs Act 1971).

• Section 8(a) (occupying or managing premises where the production or attempted production of a controlled drug is knowingly permitted on those premises).

• Section 8(b) (occupying or managing premises where the supply, or attempted supply, of or the offer to supply a controlled drug is knowingly permitted on those premises).

• Section 9(a) (smoking or otherwise using opium).

• Section 9(b) (frequenting a place used for opium smoking).

• Section 9(c)(i) (possessing pipes or utensils for use in connection with opium smoking which have been used, permitted or intended for use, for that purpose).

• Section 9(c)(ii) (possessing utensils for use in connection with preparing opium for smoking which have been used, permitted or intended for use for that purpose).

• Section 20 (assisting or inducing, while in the United Kingdom, the commission of an offence under a corresponding law outside the United Kingdom).

Offences under the Immigration Act 1971

• Section 25(1)(a) (facilitating the breach of immigration law by a person who is not a citizen of the European Union)[^f00005].

• Section 25A (facilitating, for gain, the arrival in the United Kingdom of an asylum seeker)[^f00006].

• Section 25B (facilitating a breach of a deportation or exclusion order in force against a citizen of the European Union)[^f00007].

Offences under the Biological Weapons Act 1974

• Section 1(1)(a) (developing, producing, stockpiling, acquiring or retaining a biological agent or toxin in a quantity that has no justification for peaceful purposes).

• Section 1(1)(b) (developing, producing, stockpiling, acquiring or retaining a weapon, equipment or means of delivery designed to use a biological agent or toxin for hostile purposes or in an armed conflict).

• Section 1(1A)(a) (transferring a biological agent or toxin for non-peaceful purposes or entering into an agreement to do so)[^f00009].

• Section 1(1A)(b) (making arrangements for the transfer of a biological agent or toxin for non-peaceful purposes or entering into an agreement to do so).

Offences under the Customs and Excise Act 1979

• Section 50(3) (importing or being concerned in importing goods contrary to any prohibition or restriction, intending to evade that prohibition or restriction, where the offence in question is in respect of a Class A drug or Class B drug controlled by the Misuse of Drugs Act 1971).

• Section 68(1) (exporting or shipping as stores, or bringing to the United Kingdom for the purpose of exporting or shipping as stores, goods contrary to any prohibition or restriction, where the offence in question is in respect of a Class A drug or Class B drug controlled by the Misuse of Drugs Act 1971).

• Section 68(2) (knowingly being concerned in exporting, or shipping as stores, any goods, intending to evade a prohibition or restriction, where the offence in question is in respect of a Class A or Class B drug controlled by the Misuse of Drugs Act 1971).

• Section 170(2)(b) (knowingly being concerned in the fraudulent evasion of any prohibition or restriction in relation to goods, where the offence in question is in respect of a Class A or Class B drug controlled by the Misuse of Drugs Act 1971).

Offences under the Taking of Hostages Act 1982

• Section 1(1) (detaining a person and threatening to kill, injure or continue to detain that person in order to compel a State, international governmental organisation or person to do, or abstain from doing, any act).

Offences under the Aviation Security Act 1982

• Section 1(1) (unlawfully seizing, or exercising control of, an aircraft by using force or threats).

• Section 2(1)(a) (unlawfully and intentionally destroying an aircraft in service or damaging such an aircraft so as to render it incapable of flight or endanger its safety in flight).

• Section 2(1)(b) (unlawfully and intentionally committing an act of violence on board an aircraft in flight likely to endanger its safety).claire

• Section 3(1) (unlawfully and intentionally destroying, damaging or interfering with any property used for the provision of air navigation facilities where such destruction, damage or interference is likely to endanger the safety of aircraft in flight).

• Section 3(3) (intentionally communicating materially false, misleading or deceptive information which endangers, or is likely to endanger, the safety of an aircraft in flight).

• Section 4(1)(a) (possessing, without lawful authority or reasonable excuse, a firearm or explosive, or article having the appearance of either, or any article made or adapted for injuring a person or destroying or damaging property, in any aircraft registered in the United Kingdom).

• Section 4(1)(b) (possessing, without lawful authority or reasonable excuse, a firearm, explosive or article having the appearance of either or any article made or adapted for injuring a person or destroying or damaging property in any aircraft not registered in the United Kingdom when it is in, or flying over, the United Kingdom).

• Section 4(1)(c) (possessing, without lawful authority or reasonable excuse, a firearm, explosive or article having the appearance of either or any article made or adapted for injuring a person or destroying or damaging property in an aerodrome in the United Kingdom).

• Section 4(1)(d) (possessing, without lawful authority or reasonable excuse, a firearm, explosive or article having the appearance of either or any article made or adapted for injuring a person or destroying or damaging property in any air navigation installation in the United Kingdom).

Offences under the Nuclear Materials (Offences) Act 1983

• Section 2(2)(a) (receiving, holding or dealing with nuclear material intending to do an act which is an offence referred to in section 1(1)(a) or (b) of the Nuclear Materials (Offences) Act 1983).

• Section 2(2)(b) (receiving, holding or dealing with nuclear material being reckless as to whether another would do an act which is an offence referred to in section 1(1)(a) or (b) of the Nuclear Materials (Offences) Act 1983).

• Section 2(3) (making a threat to do an act by means of nuclear material which is an offence referred to in section 1(1)(a) or (b) of the Nuclear Materials (Offences) Act 1983, intending that the person to whom the threat is made shall fear that it will be carried out).

• Section 2(4) (threatening to obtain nuclear material by an act which is an offence referred to in section 1(1)(c) of the Nuclear Materials (Offences) Act 1983 in order to compel a state, international governmental organisation or person to do, or abstain from doing, an act).

Offences under the Criminal Justice Act 1988

• Section 134(1) (intentionally inflicting severe pain or suffering on another, where the offender is a public official or person acting in an official capacity who does such acts in performance, or purported performance, of his official duties).

• Section 134(2) (intentionally inflicting severe pain or suffering on another at the instigation, consent or acquiescence of a public official or person acting in an official capacity who at the time of such instigation, consent or acquiescence is acting in performance, or purported performance, of his official duties).

Offences under the Criminal Justice (International Co-operation) Act 1990

• Section 12(1) (manufacturing or supplying a scheduled substance, knowing or suspecting that the substance is to be used for the unlawful production of a controlled drug).

Offences under the Aviation and Maritime Security Act 1990

• Section 1(1) (intentionally committing an act of violence at an aerodrome serving international civil aviation with any device, substance or weapon which causes, or is likely to cause, serious personal injury or death and endangers the safe operation of that aerodrome or the safety of persons there).

• Section 1(2)(a)(i) (unlawfully and intentionally destroying or seriously damaging property used for the provision of any facilities at an aerodrome serving international civil aviation with any device, substance or weapon in a way that endangers, or is likely to endanger, the safe operation of that aerodrome or the safety of persons there).

• Section 1(2)(a)(ii) (unlawfully and intentionally destroying or seriously damaging an out of service aircraft at an aerodrome serving international civil aviation with any device, substance or weapon in a way that endangers, or is likely to endanger, the safe operation of that aerodrome or the safety of persons there).

• Section 1(2)(b) (unlawfully and intentionally disrupting the services of an aerodrome serving international civil aviation with any device, substance or weapon in a way that endangers, or is likely to endanger, the safe operation of that aerodrome or the safety of persons there).

• Section 9 (unlawfully seizing, or exercising of control, of a ship by force or with threats).

• Section 13(1) (threatening to do an act to a ship or fixed platform which is an offence under section 11(1) of the Aviation and Maritime Security Act 1990).

• Section 13(2) (threatening to do an act which is an offence under section 12(1) of the Aviation and Maritime Security Act 1990).

Offences under the Channel Tunnel (Security) Order 1994

• Article 4(1) (unlawfully seizing, or exercising control, of a Channel Tunnel train by using force or threats).

• Article 5(1) (unlawfully seizing, or exercising control, of the tunnel system by using force or threats).

• Article 6(1)(a) (unlawfully and intentionally destroying a Channel Tunnel train or the tunnel system or any goods on a train or within the tunnel system so as to endanger, or to be likely to endanger, the safe operation of the train or the safety of the tunnel system).

• Article 6(1)(b) (unlawfully and intentionally damaging a Channel Tunnel train or the tunnel system or any goods on a train or within the tunnel system so as to endanger, or to be likely to endanger, the safe operation of the train or the safety of the tunnel system).

• Article 6(1)(c) (committing an act of violence on board a Channel Tunnel train or within the tunnel system likely to endanger the safe operation of the train or the safety of the tunnel system).

• Article 6(2)(a) (unlawfully and intentionally placing a device or substance on a Channel Tunnel train likely to destroy or damage it, or goods on it, so as to endanger its safe operation).

• Article 6(2)(b) (unlawfully and intentionally placing a device or substance in the tunnel system likely to destroy or damage it so as to endanger its safety).

• Article 7(1) (unlawfully and intentionally destroying, damaging, or interfering with, the operation of property referred to in article 7(2) of the Channel Tunnel (Security) Order 1994 likely to endanger the safe operation of any Channel Tunnel train or the safety of the tunnel system).

• Article 7(3) (intentionally communicating information, knowing it to be false in a material particular, which endangers the safe operation of any Channel Tunnel train or the safety of the tunnel system).

• Article 8(1) (threatening to commit an offence under article 6(1) of the Channel Tunnel (Security) Order 1994 in order to compel a person to do, or abstain from doing, any act, where the making of such a threat is likely to endanger the safe operation of a train or the safety of the tunnel system).

• Article 8(2) (threatening to commit an offence under article 7(1) of the Channel Tunnel (Security) Order 1994 in order to compel a person to do, or abstain from doing, any act, where the making of such a threat is likely to endanger the safe operation of a train or the safety of the tunnel system).

Offences under the Chemical Weapons Act 1996

• Section 2(1)(a) (using a chemical weapon).

• Section 2(1)(b) (developing or producing a chemical weapon).

• Section 2(1)(c) (possessing a chemical weapon).

• Section 2(1)(d) (participating in the transfer of a chemical weapon).

• Section 2(1)(e) (engaging in military preparations, intending to use a chemical weapon).

• Section 11(1)(a) (constructing premises, intending them to be used for producing a chemical weapon).

• Section 11(1)(b) (altering premises, intending them to be used for producing a chemical weapon).

• Section 11(1)(c) (installing or constructing equipment, intending it to be used for producing a chemical weapon).

• Section 11(1)(d) (altering equipment, intending it to be used for producing a chemical weapon).

• Section 11(1)(e) (occupying land and permitting construction of premises on it, intending those premises to be used for producing a chemical weapon).

• Section 11(1)(f) (occupying land and permitting premises to be altered on it, intending those premises to be used for producing a chemical weapon).

• Section 11(1)(g) (occupying land and permitting installation or construction on it of equipment, intending that equipment to be used for producing a chemical weapon).

• Section 11(1)(h) (occupying land and permitting equipment to be altered on it, intending that equipment to be used for producing a chemical weapon).

Offences under the Terrorism Act 2000

• Section 11(1) (belonging, or professing to belong, to a proscribed organisation).

• Section 12(1) (inviting support for a proscribed organisation that is not restricted to the provision of money or property).

• Section 12(2)(a) (arranging, managing or assisting in the arrangement or management of a meeting, knowing that it supports a proscribed organisation).

• Section 12(2)(b) (arranging, managing or assisting in the arrangement or management of a meeting, knowing that it furthers the activities of a proscribed organisation).

• Section 12(2)(c) (arranging, managing or assisting in the arrangement or management of a meeting, knowing that it is to be addressed by a member or professed member of a proscribed organisation).

• Section 12(3) (addressing a meeting for the purpose of encouraging support or furthering the activities of a proscribed organisation).

• Section 15(1) (inviting another to provide money or property, intending, or having reasonable cause to suspect, that it may be used for terrorist purposes).

• Section 15(2) (receiving money or property, intending, or having reasonable cause to suspect, that it may be used for terrorist purposes).

• Section 15(3) (providing money or property, intending, or having reasonable cause to suspect, that it may be used for terrorist purposes).

• Section 16(1) (using money or property for terrorist purposes).

• Section 16(2) (possessing money or property, intending, or having reasonable cause to suspect, that it may be used for terrorist purposes).

• Section 17(1) (entering into, or becoming concerned in, an arrangement where money or other property is made available knowing, or having reasonable cause to suspect, that it may be used for terrorist purposes).

• Section 18(1)(a) (entering into, or becoming concerned in, an arrangement facilitating the retention or control of terrorist property by concealment).

• Section 18(1)(b) (entering into, or becoming concerned in, an arrangement facilitating the retention or control of terrorist property by removal from the jurisdiction).