The Armed Forces (Retrial for Serious Offences) Order 2013

Article 2(1)(a)

SCHEDULE 1U.K.Qualifying Offences

This schedule has no associated Explanatory Memorandum

Offences against the PersonU.K.

MurderU.K.

1.  Murder.

Commencement Information

I1Sch. 1 para. 1 in force at 1.8.2013, see art. 1

Attempted murderU.K.

2.  An offence under section 1 of the Criminal Attempts Act 1981(1) of attempting to commit murder.

Commencement Information

I2Sch. 1 para. 2 in force at 1.8.2013, see art. 1

Soliciting murderU.K.

3.  An offence under section 4 of the Offences against the Person Act 1861(2).

Commencement Information

I3Sch. 1 para. 3 in force at 1.8.2013, see art. 1

ManslaughterU.K.

4.  Manslaughter.

Commencement Information

I4Sch. 1 para. 4 in force at 1.8.2013, see art. 1

KidnappingU.K.

5.  Kidnapping.

Commencement Information

I5Sch. 1 para. 5 in force at 1.8.2013, see art. 1

Sexual OffencesU.K.

RapeU.K.

6.  An offence under section 1 of the Sexual Offences Act 1956(3) or section 1 of the Sexual Offences Act 2003(4).

Commencement Information

I6Sch. 1 para. 6 in force at 1.8.2013, see art. 1

Attempted rapeU.K.

7.  An 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.

Commencement Information

I7Sch. 1 para. 7 in force at 1.8.2013, see art. 1

Intercourse with a girl under thirteenU.K.

8.  An offence under section 5 of the Sexual Offences Act 1956(5).

Commencement Information

I8Sch. 1 para. 8 in force at 1.8.2013, see art. 1

Incest by a man with a girl under thirteenU.K.

9.  An offence under section 10 of the Sexual Offences Act 1956(6) alleged to have been committed with a girl under thirteen.

Commencement Information

I9Sch. 1 para. 9 in force at 1.8.2013, see art. 1

Assault by penetrationU.K.

10.  An offence under section 2 of the Sexual Offences Act 2003.

Commencement Information

I10Sch. 1 para. 10 in force at 1.8.2013, see art. 1

Causing a person to engage in sexual activity without consentU.K.

11.  An 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.

Commencement Information

I11Sch. 1 para. 11 in force at 1.8.2013, see art. 1

Rape of a child under thirteenU.K.

12.  An offence under section 5 of the Sexual Offences Act 2003.

Commencement Information

I12Sch. 1 para. 12 in force at 1.8.2013, see art. 1

Attempted rape of a child under thirteenU.K.

13.  An offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence under section 5 of the Sexual Offences Act 2003.

Commencement Information

I13Sch. 1 para. 13 in force at 1.8.2013, see art. 1

Assault of a child under thirteen by penetrationU.K.

14.  An offence under section 6 of the Sexual Offences Act 2003.

Commencement Information

I14Sch. 1 para. 14 in force at 1.8.2013, see art. 1

Causing a child under thirteen to engage in sexual activityU.K.

15.  An 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.

Commencement Information

I15Sch. 1 para. 15 in force at 1.8.2013, see art. 1

Sexual activity with a person with a mental disorder impeding choiceU.K.

16.  An 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.

Commencement Information

I16Sch. 1 para. 16 in force at 1.8.2013, see art. 1

Causing a person with a mental disorder impeding choice to engage in sexual activityU.K.

17.  An 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.

Commencement Information

I17Sch. 1 para. 17 in force at 1.8.2013, see art. 1

Drugs OffencesU.K.

Unlawful importation of Class A drugU.K.

18.  An offence under section 50(2) of the Customs and Excise Management Act 1979(7) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).

Commencement Information

I18Sch. 1 para. 18 in force at 1.8.2013, see art. 1

Unlawful exportation of Class A drugU.K.

19.  An offence under section 68(2) of the Customs and Excise Management Act 1979(8) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).

Commencement Information

I19Sch. 1 para. 19 in force at 1.8.2013, see art. 1

Fraudulent evasion in respect of Class A drugU.K.

20.  An offence under section 170(1) or (2) of the Customs and Excise Management Act 1979(9) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).

Commencement Information

I20Sch. 1 para. 20 in force at 1.8.2013, see art. 1

Producing or being concerned in production of Class A drugU.K.

21.  An 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).

Commencement Information

I21Sch. 1 para. 21 in force at 1.8.2013, see art. 1

Criminal Damage OffencesU.K.

Arson endangering lifeU.K.

22.  An offence under section 1(2) of the Criminal Damage Act 1971(10) alleged to have been committed by destroying or damaging property by fire.

Commencement Information

I22Sch. 1 para. 22 in force at 1.8.2013, see art. 1

Causing explosion likely to endanger life or propertyU.K.

23.  An offence under section 2 of the Explosive Substances Act 1883(11).

Commencement Information

I23Sch. 1 para. 23 in force at 1.8.2013, see art. 1

Intent or conspiracy to cause explosion likely to endanger life or propertyU.K.

24.  An offence under section 3(1)(a) of the Explosive Substances Act 1883(12).

Commencement Information

I24Sch. 1 para. 24 in force at 1.8.2013, see art. 1

War Crimes and TerrorismU.K.

Genocide, crimes against humanity and war crimesU.K.

25.  An offence under section 51 or 52 of the International Criminal Court Act 2001(13).

Commencement Information

I25Sch. 1 para. 25 in force at 1.8.2013, see art. 1

Grave breaches of the Geneva ConventionsU.K.

26.  An offence under section 1 of the Geneva Conventions Act 1957(14).

Commencement Information

I26Sch. 1 para. 26 in force at 1.8.2013, see art. 1

Directing terrorist organisationU.K.

27.  An offence under section 56 of the Terrorism Act 2000(15).

Commencement Information

I27Sch. 1 para. 27 in force at 1.8.2013, see art. 1

Hostage-takingU.K.

28.  An offence under section 1 of the Taking of Hostages Act 1982(16).

Commencement Information

I28Sch. 1 para. 28 in force at 1.8.2013, see art. 1

ConspiracyU.K.

ConspiracyU.K.

29.  An offence under section 1 of the Criminal Law Act 1977(17) of conspiracy to commit an offence listed in this Schedule.

Commencement Information

I29Sch. 1 para. 29 in force at 1.8.2013, see art. 1

(1)

1981 c. 47. Section 1 was amended by section 7(3) of the Computer Misuse Act 1990 (c. 18) and by paragraph 58 of Schedule 21 to the Coroners and Justice Act 2009 (c. 25).

(2)

1861 c. 100. Section 4 was amended by section 5(10) of, and Schedule 13 to, the Criminal Law Act 1977 (c. 45).

(3)

1956 c. 69. Section 1 was repealed by paragraph 11(a) of Schedule 6 to the Sexual Offences Act 2003 (c. 42).

(5)

Section 5 was repealed by paragraph 11(a) of Schedule 6 to the Sexual Offences Act 2003 (c. 42).

(6)

Section 10 was repealed by paragraph 11(a) of Schedule 6 to the Sexual Offences Act 2003 (c. 42).

(7)

1979 c. 2. Section 50(2) was amended by section 114(1) of the Police and Criminal Evidence Act 1984 (c. 60).

(8)

Section 68(2) was amended by section 114(1) of the Police and Criminal Evidence Act 1984 (c. 60).

(9)

Section 170(1) and (2) were amended by section 114(1) of the Police and Criminal Evidence Act 1984 (c. 60).

(11)

1883 c. 3. Section 2 was substituted by section 7 of the Criminal Jurisdiction Act 1975 (c. 59).

(12)

Section 3(1)(a) was substituted by section 7 of the Criminal Jurisdiction Act 1975 (c. 59) and amended by section 17(5) of the Terrorism Act 2006 (c.11) and Schedule 12 to the Criminal Law Act 1977 (c. 45).

(14)

1957 c. 52. Section 1 has been amended by Part III of Schedule 3 to the Criminal Law Act 1967 (c. 58), section 1 of the Geneva Conventions (Amendment) Act 1995 (c. 27), section 70(1) of the International Criminal Court Act 2001 (c. 17) and section 1 of the Geneva Conventions and United Nations Personnel (Protocols) Act 2009 (c. 6).

(17)

1977 c. 45. Section 1 has been amended by section 5(1) of the Criminal Attempts Act 1981 (c. 47) and Schedule 1 to the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52).