What additional criteria have been relied on by the Government to determine that specified offences are not only “serious crimes” within the meaning of the Refugee Convention, but particularly serious crimes within the meaning of Article 33(2)?
The UNHCR papers referred to relate to Article 1F of the Refugee Convention. The Order is concerned with Article 33(2) of the Convention and does not provide any interpretation of Article 1F. In considering whether an offence was a “particularly serious crime” suitable for inclusion in the Order we paid regard to the seriousness of the offence (for which the maximum imposable sentence normally provides a good guide) and the extent to which the nature of the offence was such as to indicate that a person committing it was likely to be a danger to the community (see also the answer to Question 9). 3. Which of the specified offences are triable on indictment only? I attach a copy of the four (out of six) Schedules to the Order relating to offences applicable in England and Wales with those offences which are triable on indictment only highlighted in yellow. Those offences in the Sexual Offences Act 2003 involving sexual touching are highlighted in red: they are generally triable either way
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