6 Categories of offence defined

(1)

In this Act,—

category 1 offence means—

(a)

an offence that is not punishable by a term of imprisonment, other than—

(i)

an infringement offence; or

(ii)

an offence described in paragraph (b) of the definition of a category 2 offence; or

(iii)

an offence described in paragraph (b) of the definition of a category 3 offence; or

(b)

an infringement offence, if proceedings in relation to that offence are commenced by filing a charging document under section 14, not by the issuing of an infringement notice

category 2 offence means—

(a)

an offence punishable by a term of imprisonment of less than 2 years; or

(b)

an offence that, if committed by a body corporate, is punishable by only a fine, but that would be punishable by a term of imprisonment of less than 2 years if committed by an individual

(c)
[Repealed]

category 3 offence means an offence, other than an offence listed in Schedule 1,—

(a)

that is punishable by imprisonment for life or by imprisonment for 2 years or more; or

(b)

that, if committed by a body corporate, is punishable by only a fine, but that would be punishable by imprisonment for life or by imprisonment for 2 years or more if committed by an individual

category 4 offence means an offence listed in Schedule 1.

(2)

If an offence is in a given category, then the following is also an offence in that category:

(a)

conspiring to commit that offence:

(b)

attempting to commit that offence, or inciting or procuring or attempting to procure any person to commit an offence of that kind that is not committed:

(c)

being an accessory after the fact to that offence.

(3)

If an offence is punishable by a greater penalty where the defendant has previously been convicted of that offence or of some other offence, the offence is an offence in the category that applies to offences punishable by that greater penalty only if the charge alleges that the defendant has such a previous conviction.

Section 6(1) category 1 offence paragraph (a)(ii): amended, on 14 November 2018, by section 29(1) of the Courts Matters Act 2018 (2018 No 50).

Section 6(1) category 2 offence paragraph (b): amended, on 14 November 2018, by section 29(2) of the Courts Matters Act 2018 (2018 No 50).

Section 6(1) category 2 offence paragraph (c): repealed, on 14 November 2018, by section 29(3) of the Courts Matters Act 2018 (2018 No 50).