(4) In subsection (1), after the definition of “recordable offence” insert—
“ “ recordable-equivalent offence ” means an offence under the law of a country or territory outside England and Wales and Northern Ireland where the act constituting the offence would constitute a recordable offence if done in England and Wales or Northern Ireland (whether or not the act constituted such an offence when the person was convicted); ” .
(5) In subsection (3), in the words before paragraph (a), after “offence” insert “in England and Wales or Northern Ireland” .
(6) After subsection (5) insert—
“ (5A) For the purposes of section 18A, a person is to be treated as having been convicted of an offence in a country or territory outside England and Wales and Northern Ireland if, in respect of such an offence, a court exercising jurisdiction under the law of that country or territory has made a finding equivalent to—
(a) a finding that the person is not guilty by reason of insanity, or
(b) a finding that the person is under a disability and did the act charged against the person in respect of the offence. ”
(7) In subsection (6)(a)—
(a) after “convicted” insert “ —
(i) ” , and
(b) after “offence,” insert “ or
(ii) in a country or territory outside England and Wales and Northern Ireland, of a recordable-equivalent offence, ” .
(8) In subsection (6)(b)—
(a) omit “of a recordable offence”, and
(b) for “a recordable offence, other than a qualifying offence” substitute “an offence, other than a qualifying offence or qualifying-equivalent offence” .
(9) In subsection (7), for “subsection (6)” substitute “this section” .
(10) After subsection (7) insert—
“ (7A) In subsection (6), “ qualifying-equivalent offence ” means an offence under the law of a country or territory outside England and Wales and Northern Ireland where the act constituting the offence would constitute a qualifying offence if done in England and Wales or Northern Ireland (whether or not the act constituted such an offence when the person was convicted). ”
(11) The amendments made by this section apply only in connection with the retention of section 18 material that is or was obtained or acquired by a law enforcement authority—
(a) on or after the commencement day, or
(b) in the period of 3 years ending immediately before the commencement day.
(12) Subsection (13) of this section applies where—
(a) at the beginning of the commencement day, a law enforcement authority has section 18 material which it obtained or acquired in the period of 3 years ending immediately before the commencement day,
(b) at a time before the commencement day (a “pre-commencement time”), the law enforcement authority was required by section 18(4) of the Counter-Terrorism Act 2008 to destroy the material, and
(c) at the pre-commencement time, the law enforcement authority could have retained the material under section 18A of the Counter-Terrorism Act 2008, as it has effect taking account of the amendments made by subsections (2) to (10) of this section, if those amendments had been in force.
(13) Where this subsection applies—