SCHEDULE 1Descriptions of cases to which Part IV of the Criminal Justice Act 1988 is to apply
1
Any case tried on indictment—
a
following a notice of transfer given under section 4 of the Criminal Justice Act 19872 (notices of transfer and designated authorities) by an authority designated for that purpose under subsection (2) of that section; or
b
in which one or more of the counts in respect of which sentence is passed relates to a charge which was dismissed under section 6(1) of the Criminal Justice Act 1987 (applications for dismissal) and on which further proceedings were brought by means of preferment of a voluntary bill of indictment.
2
Any case in which sentence is passed on a person for one of the following offences:
a
an offence under section 16 of the Offences against the Person Act 18613 (threats to kill);
b
an offence under section 5(1) of the Criminal Law Amendment Act 18854 (defilement of a girl between 14 and 17);
c
d
an offence under section 6 of the Sexual Offences Act 19567 (unlawful sexual intercourse with a girl under 16), section 14 or 15 of that Act (indecent assault on a woman or on a man), section 52 of the Offences against the Person Act 1861 (indecent assault upon a female), or Article 21 of the Criminal Justice (Northern Ireland) Order 20038 (indecent assault on a male);
e
an offence under section 1 of the Indecency with Children Act 19609 or section 22 of the Children and Young Persons Act (Northern Ireland) 1968 (indecent conduct with a child);
f
an offence under section 4(2) or (3) (production or supply of a controlled drug), section 5(3) (possession of a controlled drug with intent to supply) or section 6(2) (cultivation of cannabis plant) of the Misuse of Drugs Act 197110;
g
h
an offence under section 50(2) or (3), section 68(2) or section 170(1) or (2) of the Customs and Excise Management Act 197913, insofar as those offences are in connection with a prohibition or restriction on importation or exportation of either:
i
a controlled drug within the meaning of section 2 of the Misuse of Drugs Act 1971, such prohibition or restriction having effect by virtue of section 3 of that Act; or
ii
an article prohibited by virtue of section 42 of the Customs Consolidation Act 187614 but only insofar as it relates to or depicts a person under the age of 16;
i
offences under sections 29 to 32 of the Crime and Disorder Act 199815 (racially or religiously aggravated assaults; racially or religiously aggravated criminal damage; racially or religiously aggravated public order offences; racially or religiously aggravated harassment etc).
3
To the extent that Part IV of the Criminal Justice Act 1988 does not apply by virtue of section 35(3)(b)(i), any case in which sentence is passed on a person for an offence under one of the following sections of the Sexual Offences Act 200316:
a
section 3 (sexual assault);
b
section 4 (causing a person to engage in sexual activity without consent);
c
section 7 (sexual assault of a child under 13);
d
section 8 (causing or inciting a child under 13 to engage in sexual activity);
e
section 9 (sexual activity with a child);
f
section 10 (causing or inciting a child to engage in sexual activity);
g
section 11 (engaging in sexual activity in the presence of a child);
h
section 12 (causing a child to watch a sexual act);
i
section 14 (arranging or facilitating commission of a child sex offence);
j
section 15 (meeting a child following sexual grooming etc);
k
section 25 (sexual activity with a child family member);
l
section 47 (paying for sexual services of a child);
m
section 48 (causing or inciting child prostitution or pornography);
n
section 49 (controlling a child prostitute or a child involved in pornography);
o
section 50 (arranging or facilitating child prostitution or pornography);
p
section 52 (causing or inciting prostitution for gain);
q
section 57 (trafficking into the UK for sexual exploitation);
r
section 58 (trafficking within the UK for sexual exploitation);
s
section 59 (trafficking out of the UK for sexual exploitation);
t
section 61 (administering a substance with intent).
4
Any case in which sentence is passed on a person for attempting to commit or inciting the commission of an offence set out in paragraph 2(a) to (h) or paragraph 3.
SCHEDULE 2Revocations
Orders Revoked | References |
---|---|
The Criminal Justice Act 1988 (Reviews of Sentencing) Order 1994 | |
The Criminal Justice Act 1988 (Reviews of Sentencing) Order 1995 | |
The Criminal Justice Act 1988 (Reviews of Sentencing) Order 2000 | |
The Criminal Justice Act 1988 (Reviews of Sentencing) Order 2003 |