Section 75
SCHEDULE 5Qualifying offences for purposes of Part 10
Part 1List of offences for England and Wales
Offences Against the Person
Murder
1Murder.
Attempted murder
2An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit murder.
Soliciting murder
3An offence under section 4 of the Offences against the Person Act 1861 (c. 100).
Manslaughter
4Manslaughter.
Kidnapping
5Kidnapping.
Sexual Offences
Rape
6An offence under section 1 of the Sexual Offences Act 1956 (c. 69) or section 1 of the Sexual Offences Act 2003 (c. 42).
Attempted rape
7An offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence under section 1 of the Sexual Offences Act 1956 or section 1 of the Sexual Offences Act 2003.
Intercourse with a girl under thirteen
8An offence under section 5 of the Sexual Offences Act 1956.
Incest by a man with a girl under thirteen
9An offence under section 10 of the Sexual Offences Act 1956 alleged to have been committed with a girl under thirteen.
Assault by penetration
10An offence under section 2 of the Sexual Offences Act 2003 (c. 42).
Causing a person to engage in sexual activity without consent
11An offence under section 4 of the Sexual Offences Act 2003 where it is alleged that the activity caused involved penetration within subsection (4)(a) to (d) of that section.
Rape of a child under thirteen
12An offence under section 5 of the Sexual Offences Act 2003.
Attempted rape of a child under thirteen
13An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an offence under section 5 of the Sexual Offences Act 2003.
Assault of a child under thirteen by penetration
14An offence under section 6 of the Sexual Offences Act 2003.
Causing a child under thirteen to engage in sexual activity
15An offence under section 8 of the Sexual Offences Act 2003 where it is alleged that an activity involving penetration within subsection (2)(a) to (d) of that section was caused.
Sexual activity with a person with a mental disorder impeding choice
16An offence under section 30 of the Sexual Offences Act 2003 where it is alleged that the touching involved penetration within subsection (3)(a) to (d) of that section.
Causing a person with a mental disorder impeding choice to engage in sexual activity
17An offence under section 31 of the Sexual Offences Act 2003 where it is alleged that an activity involving penetration within subsection (3)(a) to (d) of that section was caused.
Drugs Offences
Unlawful importation of Class A drug
18An offence under section 50(2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).
Unlawful exportation of Class A drug
19An offence under section 68(2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).
Fraudulent evasion in respect of Class A drug
20An offence under section 170(1) or (2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).
Producing or being concerned in production of Class A drug
21An offence under section 4(2) of the Misuse of Drugs Act 1971 alleged to have been committed in relation to a Class A drug (as defined by section 2 of that Act).
Criminal Damage Offences
Arson endangering life
22An offence under section 1(2) of the Criminal Damage Act 1971 (c. 48) alleged to have been committed by destroying or damaging property by fire.
Causing explosion likely to endanger life or property
23An offence under section 2 of the Explosive Substances Act 1883 (c. 3).
Intent or conspiracy to cause explosion likely to endanger life or property
24An offence under section 3(1)(a) of the Explosive Substances Act 1883.
War Crimes and Terrorism
Genocide, crimes against humanity and war crimes
25An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).
Grave breaches of the Geneva Conventions
26An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).
Directing terrorist organisation
27An offence under section 56 of the Terrorism Act 2000 (c. 11).
Hostage-taking
28An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).
Conspiracy
Conspiracy
29An offence under section 1 of the Criminal Law Act 1977 (c. 45) of conspiracy to commit an offence listed in this Part of this Schedule.
Part 2List of offences for Northern Ireland
Offences Against the Person
Murder
30Murder.
Attempted murder
31An offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit murder.
Soliciting murder
32An offence under section 4 of the Offences against the Person Act 1861 (c. 100).
Manslaughter
33Manslaughter.
Kidnapping
34Kidnapping.
Sexual Offences
Rape
35Rape.
Attempted rape
36An offence under section 2 of the Attempted Rape, etc., Act (Northern Ireland) 1960.
Intercourse with a girl under fourteen
37An offence under section 4 of the Criminal Law Amendment Act 1885 (c. 69) of unlawfully and carnally knowing a girl under fourteen.
Incest by a man with a girl under fourteen
38An offence under section 1(1) of the Punishment of Incest Act 1908 (c. 45) alleged to have been committed with a girl under fourteen.
Drugs Offences
Unlawful importation of Class A drug
39An offence under section 50(2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).
Unlawful exportation of Class A drug
40An offence under section 68(2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).
Fraudulent evasion in respect of Class A drug
41An offence under section 170(1) or (2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).
Producing or being concerned in production of Class A drug
42An offence under section 4(2) of the Misuse of Drugs Act 1971 alleged to have been committed in respect of a Class A drug (as defined by section 2 of that Act).
Criminal Damage Offences
Arson endangering life
43An offence under Article 3(2) of the Criminal Damage (Northern Ireland) Order 1977 alleged to have been committed by destroying or damaging property by fire.
Causing explosion likely to endanger life or property
44An offence under section 2 of the Explosive Substances Act 1883 (c. 3).
Intent or conspiracy to cause explosion likely to endanger life or property
45An offence under section 3(1)(a) of the Explosive Substances Act 1883.
War Crimes and Terrorism
Genocide, crimes against humanity and war crimes
46An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).
Grave breaches of the Geneva Conventions
47An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).
Directing terrorist organisation
48An offence under section 56 of the Terrorism Act 2000 (c. 11).
Hostage-taking
49An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).
Conspiracy
Conspiracy
50An offence under Article 9 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of conspiracy to commit an offence listed in this Part of this Schedule.
Part 3Supplementary
51A reference in this Schedule to an offence includes a reference to an offence of aiding, abetting, counselling or procuring the commission of the offence.
52A reference in this Schedule to an enactment includes a reference to the enactment as enacted and as amended from time to time.