SCHEDULE 1Descriptions of cases to which Part IV of the Criminal Justice Act 1988 is to apply

Article 2

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

an offence under section 1 of the Children and Young Persons Act 19335 (cruelty to persons under 16) or section 20 of the Children and Young Persons Act (Northern Ireland) 19686 (cruelty to persons under 16);

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

an offence under section 54 of the Criminal Law Act 197711 or Article 9 of the Criminal Justice (Northern Ireland) Order 198012 (inciting a girl under 16 to have incestuous sexual intercourse);

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

Article 3

Orders Revoked

References

The Criminal Justice Act 1988 (Reviews of Sentencing) Order 1994

S.I. 1994/119

The Criminal Justice Act 1988 (Reviews of Sentencing) Order 1995

S.I. 1995/10

The Criminal Justice Act 1988 (Reviews of Sentencing) Order 2000

S.I. 2000/1924

The Criminal Justice Act 1988 (Reviews of Sentencing) Order 2003

S.I. 2003/2267