SCHEDULE
I11
The offences specified in this paragraph are—
a
the offence of rape contrary to the common law of Scotland, where the offence was committed against a child;
b
the offence of rape contrary to the common law of Northern Ireland, where the offence was committed against a child;
c
any offence contrary to a provision specified in the first column of Part 1 of the table set out in this paragraph, where it was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;
d
any offence contrary to a provision specified in Part 2 of that table;
e
any offence contrary to—
i
section 70 of the Army Act 19558,
ii
section 70 of the Air Force Act 19559, or
iii
section 42 of the Naval Discipline Act 195710,
which corresponds to an offence contrary to any provision specified in the first column of Part 1 of that table and which was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;
f
any offence contrary to—
i
section 70 of the Army Act 1955,
ii
section 70 of the Air Force Act 1955, or
iii
section 42 of the Naval Discipline Act 1957,
which corresponds to an offence contrary to any provision specified in Part 2 of that table; and
g
any offence contrary to section 42 of the Armed Forces Act 200611 where—
i
the corresponding offence under the law of England and Wales is one contrary to a provision specified in the first column of Part 1 of that table, and the offence under the Armed Forces Act 2006 was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table, or
ii
the corresponding offence under the law of England and Wales is one contrary to a provision specified in Part 2 of that table.
Part 1 | |
|---|---|
Provision | Circumstances |
Sexual Offences Act 1956, section 112 | The offence was committed against a child |
Mental Health Act 1959, section 12813 | The offence was committed against a child |
Mental Health (Northern Ireland) Order 1986, Article 122(1)(a)14 | The offence was committed against a child |
Mental Health (Northern Ireland) Order 1986, Article 12315 | The offence was committed against a child |
Mental Health (Care and Treatment)(Scotland) Act 200316, section 311 | The offence was committed against a child |
Mental Health (Care and Treatment)(Scotland) Act 2003, section 31317 | The offence was committed against a child |
Sexual Offences Act 2003, section 1 | The offence was committed against a child |
Sexual Offences Act 2003, section 2 | The offence was committed against a child |
Sexual Offences Act 2003, section 30 | The offence was committed against a child |
Sexual Offences Act 2003, section 31 | The person caused or incited to engage in sexual activity was a child |
Sexual Offences Act 2003, section 32 | The person who was present or in a place from which the person committing the offence could be seen was a child |
Sexual Offences Act 2003, section 33 | The person caused to watch the sexual activity in question was a child |
Sexual Offences Act 2003, section 34 | The offence was committed against a child |
Sexual Offences Act 2003, section 35 | The person induced, threatened or deceived was a child |
Sexual Offences Act 2003, section 36 | The person who agreed to be present or in a place from which the person committing the offence could be observed was a child |
Sexual Offences Act 2003, section 37 | The person induced, threatened or deceived was a child |
Sexual Offences Act 2003, section 38 | The offence was committed against a child |
Sexual Offences Act 2003, section 39 | The person caused or incited to engage in sexual activity was a child |
Sexual Offences Act 2003, section 40 | The person who was present or in a place from which the person committing the offence could be seen was a child |
Sexual Offences Act 2003, section 41 | The person caused to watch the sexual activity was a child |
Sexual Offences (Northern Ireland) Order 200818, Article 5 | The offence was committed against a child |
Sexual Offences (Northern Ireland) Order 2008, Article 6 | The offence was committed against a child |
Sexual Offences (Northern Ireland) Order 2008, Article 43 | The offence was committed against a child |
Sexual Offences (Northern Ireland) Order 2008, Article 44 | The person caused or incited to engage in sexual activity was a child |
Sexual Offences (Northern Ireland) Order 2008, Article 45 | The person who was present or in a place from which the person committing the offence could be seen was a child |
Sexual Offences (Northern Ireland) Order 2008, Article 46 | The person caused to watch the sexual activity in question was a child |
Sexual Offences (Northern Ireland) Order 2008, Article 47 | The offence was committed against a child |
Sexual Offences (Northern Ireland) Order 2008, Article 48 | The person induced, threatened or deceived was a child |
Sexual Offences (Northern Ireland) Order 2008, Article 49 | The person who agreed to be present or in a place from which the person committing the offence could be observed was a child |
Sexual Offences (Northern Ireland) Order 2008, Article 50 | The person induced, threatened or deceived was a child |
Sexual Offences (Northern Ireland) Order 2008, Article 51 | The offence was committed against a child |
Sexual Offences (Northern Ireland) Order 2008, Article 52 | The person caused or incited to engage in sexual activity was a child |
Sexual Offences (Northern Ireland) Order 2008, Article 53 | The person who was present or in a place from which the person committing the offence could be seen was a child |
Sexual Offences (Northern Ireland) Order 2008, Article 54 | The person caused to watch the sexual activity in question was a child |
F22Sexual Offences (Scotland) Act 2009, section 1 | The offence was committed against a child |
Sexual Offences (Scotland) Act 2009, section 2 | The offence was committed against a child |
Part 2 | |
Provision | |
Criminal Law Amendment Act 1885, section 419 | |
Sexual Offences Act 1956, section 520 | |
Sexual Offences (Scotland) Act 1976, section 321 | |
Criminal Law (Consolidation)(Scotland) Act 1995, section 5(1) or (2)22 | |
Sexual Offences Act 2003, section 5 | |
Sexual Offences Act 2003, section 6 | |
Sexual Offences Act 2003, section 7 | |
Sexual Offences Act 2003, section 8 | |
Sexual Offences (Northern Ireland) Order 2008, Article 12 | |
Sexual Offences (Northern Ireland) Order 2008, Article 13 | |
Sexual Offences (Northern Ireland) Order 2008, Article 14 | |
Sexual Offences (Northern Ireland) Order 2008, Article 15 | |
F23Sexual Offences (Scotland) Act 2009, section 18 | |
Sexual Offences (Scotland) Act 2009, section 19 | |
Sexual Offences (Scotland) Act 2009, section 20(1), (2)(a), and (3) |
I22
The offences specified in this paragraph are—
a
the offences contrary to the common law of England and Wales of—
i
murder,
ii
kidnapping,
iii
infanticide;
b
the offences contrary to the common law of Scotland of—
i
murder,
ii
rape, where the offence was committed against an adult,
iii
sodomy, unless every person involved in the offence was aged 16 or over and was a willing participant,
iv
indecent assault, where the offence was committed against a child,
v
clandestine injury to women, where the offence was committed against a child,
vi
abduction of a woman or a girl with intent to rape,
vii
assault with intent to rape or ravish;
c
an offence contrary to the common law of Scotland involving lewd, indecent or libidinous behaviour or practices, where the offence was committed against or involving a child under the age of 16;
d
the offence contrary to the common law of Northern Ireland of—
i
murder,
ii
rape, where the offence was committed against an adult,
iii
kidnapping,
iv
infanticide;
e
any offence contrary to a provision specified in Part 1 of the table set out in this paragraph, where it was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;
f
any offence contrary to a provision specified in Part 2 of that table;
g
any offence contrary to—
i
section 70 of the Army Act 1955,
ii
section 70 of the Air Force Act 1955, or
iii
section 42 of the Naval Discipline Act 1957,
which corresponds to an offence contrary to any provision specified in the first column of Part 1 of that table and which was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;
h
any offence contrary to—
i
section 70 of the Army Act 1955,
ii
section 70 of the Air Force Act 1955, or
iii
section 42 of the Naval Discipline Act 1957,
which corresponds to an offence contrary to any provision specified in Part 2 of that table; and
i
any offence contrary to section 42 of the Armed Forces Act 2006 where—
i
the corresponding offence under the law of England and Wales is one contrary to a provision specified in the first column of Part 1 of that table, and the offence under the Armed Forces Act 2006 was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table, or
ii
the corresponding offence under the law of England and Wales is one contrary to a provision specified in Part 2 of that table.
Part 1 | |
|---|---|
Provision | Circumstances |
F29. . . | F29. . . |
Offences Against the Person Act 1861, section 6124 | F24The person with whom the offence was committed was under the age of 16 or did not consent to the act |
Offences Against the Person Act 1861, section 6225 | F24The person with whom the offence was committed was under the age of 16 or did not consent to the act |
Criminal Law Amendment Act 1885, section 1126 | F25The person with whom the offence was committed was under the age of 16 or did not consent to the act and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 |
Punishment of Incest Act 1908, section 127 | The offence was committed against a child |
Punishment of Incest Act 1908, section 2 | The offence was committed against a child |
Sexual Offences Act 1956, section 1 | The offence was committed against an adult |
Sexual Offences Act 1956, section 1028 | The offence was committed against a child |
Sexual Offences Act 1956, section 1129 | The offence was committed against a child |
Sexual Offences Act 1956, section 1230 | The person with whom the offence was committed was under the age of 16 or did not consent to the act F26and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 |
Sexual Offences Act 1956, section 1331 | The person with whom the offence was committed was under the age of 16 or did not consent to the actF26and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 |
Misuse of Drugs Act 1971, section 4(3)32 | The person to whom controlled drugs were supplied or offered to be supplied was a child |
Sexual Offences (Scotland) Act 1976, section 2A33 | The offence was committed against a child |
Sexual Offences (Scotland) Act 1976, section 2B | The offence was committed against a child |
Customs and Excise Management Act 1979, section 17034 | The relevant goods were goods which were prohibited to be imported or brought into the United Kingdom, pursuant to section 42 of the Customs Consolidation Act 187635 |
Criminal Justice (Scotland) Act 1980, section 80(7)36 | The person with whom the homosexual act was committed, or whom the person committing the offence procured or attempted to procure to commit the act, was under the age of 16 or was not willing to participate in the act |
Mental Health (Northern Ireland) Order 1986, Article 122 | An offence under this Article was committed against an adult or an offence under paragraph (1)(b) to (e) of the Article was committed against a child |
Mental Health (Northern Ireland) Order 1986, Article 123 | The offence was committed against an adult |
Criminal Law (Consolidation)(Scotland) Act 1995, section 1337 | At least one other person involved (whether in the offence or the homosexual act) was under the age of 16 or was not a willing participant |
Mental Health (Care and Treatment)(Scotland) Act 2003, section 311 | The offence was committed against an adult |
Mental Health (Care and Treatment)(Scotland) Act 2003, section 313 | The offence was committed against an adult |
Criminal Justice (Northern Ireland) Order 2003, Article 2138 | The offence was committed against a child |
F30Female Genital Mutilation Act 2003, section 1 | The offence was committed against a child |
Female Genital Mutilation Act 2003, section 2 | The offence was committed against a child |
Female Genital Mutilation Act 2003, section 3 | The offence was committed against a child |
Sexual Offences Act 2003, section 1 | The offence was committed against an adult |
Sexual Offences Act 2003, section 2 | The offence was committed against an adult |
Sexual Offences Act 2003, section 30 | The offence was committed against an adult |
Sexual Offences Act 2003, section 31 | The person caused or incited to engage in sexual activity was an adult |
Sexual Offences Act 2003, section 32 | The person who was present or in a place from which the person committing the offence could be observed was an adult |
Sexual Offences Act 2003, section 33 | The person caused to watch the sexual activity in question was an adult |
Sexual Offences Act 2003, section 34 | The offence was committed against an adult |
Sexual Offences Act 2003, section 35 | The person induced, threatened or deceived was an adult |
Sexual Offences Act 2003, section 36 | The person who agreed to be present or in a place from which the person committing the offence could be observed was an adult |
Sexual Offences Act 2003, section 37 | The person induced, threatened or deceived was an adult |
Sexual Offences Act 2003, section 38 | The offence was committed against an adult |
Sexual Offences Act 2003, section 39 | The person caused or incited to engage in sexual activity was an adult |
Sexual Offences Act 2003, section 40 | The person who was present or in a place from which the person committing the offence could be observed was an adult |
Sexual Offences Act 2003, section 41 | The person caused to watch the sexual activity in question was an adult |
Sexual Offences Act 2003, section 62 | The relevant sexual offence39 was one specified in this Schedule and was intended to be committed in relevant circumstances, if any, specified in this Schedule in relation to that offence |
Sexual Offences Act 2003, section 63 | The relevant sexual offence40 was one specified in this Schedule and was intended to be committed in relevant circumstances, if any, specified in this Schedule in relation to that offence |
Sexual Offences Act 2003, section 6641 | The offence was committed against a child under the age of 16 |
Sexual Offences Act 2003, section 67 | The offence was committed against a child under the age of 16 |
F30Sexual Offences Act 2003, section 72 | The offence committed corresponds to an offence which would lead to automatic inclusion in the children’s barred list with the right to make representations |
Sexual Offences (Northern Ireland) Order 2008, Article 5 | The offence was committed against an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 6 | The offence was committed against an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 43 | The offence was committed against an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 44 | The person caused or incited to engage in sexual activity was an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 45 | The person who was present or in a place from which the person committing the offence could be seen was an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 46 | The person caused to watch the sexual activity in question was an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 47 | The offence was committed against an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 48 | The person induced, threatened or deceived was an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 49 | The person who agreed to be present or in a place from which the person committing the offence could be observed was an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 50 | The person induced, threatened or deceived was an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 51 | The offence was committed against an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 52 | The person caused or incited to engage in sexual activity was an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 53 | The person who was present or in a place from which the person committing the offence could be seen was an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 54 | The person caused to watch the sexual activity in question was an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 66 | The relevant sexual offence42 was one specified in this Schedule and was intended to be committed in relevant circumstances, if any, specified in this Schedule in relation to that offence |
Sexual Offences (Northern Ireland) Order 2008, Article 67 | The relevant sexual offence43 was one specified in this Schedule and was intended to be committed in relevant circumstances, if any, specified in this Schedule in relation to that offence |
Sexual Offences (Northern Ireland) Order 2008, Article 70 | The offence was committed against a child under the age of 16 |
Sexual Offences (Northern Ireland) Order 2008, Article 71 | The offence was committed against a child under the age of 16 |
F30Sexual Offences (Scotland) Act 2009, section 5 | The offence was committed against a child under the age of 16 |
Sexual Offences (Scotland) Act 2009, section 6 | The offence was committed against a child under the age of 16 |
Sexual Offences (Scotland) Act 2009, section 8 | The offence was committed against a child under the age of 16 |
Sexual Offences (Scotland) Act 2009, section 9 | The offence was committed against a child under the age of 16 |
F1Theft Act 1968, section 9(1)(a) | The offence was committed with intent to commit rape F27before section 9(1)(a) was amended by the Sexual Offences Act 2003 |
Theft Act (Northern Ireland) 1969, section 9 | The offence was committed with intent to commit rape F28before section 9 was amended by the Sexual Offences (Northern Ireland) Order 2008 |
Part 2 | |
Provision | |
Offences Against the Person Act 1861, section 21 | |
Offences Against the Person Act 1861, section 5344 | |
F34Offences Against the Person Act 1861, section 52 | |
Offences Against the Person Act 1861, section 54 | |
Offences Against the Person Act 1861, section 55 | |
Criminal Law Amendment Act 1885, section 245 | |
Criminal Law Amendment Act 1885, section 3 | |
Criminal Law Amendment Act 1885, section 5 | |
Criminal Law Amendment Act 1885, section 6 | |
Criminal Law Amendment Act 1885, section 7 | |
Criminal Law Amendment Act 1885, section 8 | |
Vagrancy Act 1898, section 146 | |
Children and Young Persons Act 1933, section 147 | |
Children and Young Persons (Scotland) Act 1937, section 12(1)48 | |
Infanticide Act 1938, section 149 | |
Infanticide Act (Northern Ireland) 1939, section 150 | |
Sexual Offences Act 1956, section 251 | |
Sexual Offences Act 1956, section 3 | |
Sexual Offences Act 1956, section 4 | |
Sexual Offences Act 1956, section 6 | |
Sexual Offences Act 1956, section 7 | |
Sexual Offences Act 1956, section 9 | |
Sexual Offences Act 1956, section 14 | |
Sexual Offences Act 1956, section 15 | |
Sexual Offences Act 1956, section 16 | |
Sexual Offences Act 1956, section 17 | |
Sexual Offences Act 1956, section 19 | |
Sexual Offences Act 1956, section 20 | |
Sexual Offences Act 1956, section 21 | |
Sexual Offences Act 1956, section 22 | |
Sexual Offences Act 1956, section 23 | |
Sexual Offences Act 1956, section 24 | |
Sexual Offences Act 1956, section 25 | |
Sexual Offences Act 1956, section 26 | |
Sexual Offences Act 1956, section 27 | |
Sexual Offences Act 1956, section 28 | |
Sexual Offences Act 1956, section 29 | |
Sexual Offences Act 1956, section 30 | |
Sexual Offences Act 1956, section 31 | |
Mental Health Act 1959, section 12852 | |
Indecency with Children Act 1960, section 153 | |
Sexual Offences Act 1967, section 454 | |
Sexual Offences Act 1967, section 5 | |
Theft Act 1968, section 9(1)(a)55 | |
Children and Young Persons Act (Northern Ireland) 1968, section 2056 | |
Children and Young Persons Act (Northern Ireland) 1968, section 2157 | |
Children and Young Persons Act (Northern Ireland) 1968, section 2258 | |
F6. . . | |
F2. . . | |
Sexual Offences (Scotland) Act 1976, section 2C61 | |
Sexual Offences (Scotland) Act 1976, section 4 | |
Criminal Law Act 1977, section 5462 | |
Protection of Children Act 1978, section 163 | |
Protection of Children (Northern Ireland) Order 1978, Article 364 | |
F34Sexual Offences (Northern Ireland) Order 1978, Article 3 | |
Criminal Justice (Northern Ireland) Order 1980, Article 965 | |
Homosexual Offences (Northern Ireland) Order 1982, Article 766 | |
Homosexual Offences (Northern Ireland) Order 1982, Article 8 | |
Civic Government (Scotland) Act 1982, section 5267 | |
Civic Government (Scotland) Act 1982, section 52A68 | |
F32. . . | |
Mental Health Act 1983, section 12770 | |
F32. . . | |
F32. . . | |
Child Abduction Act 1984, section 173 | |
Child Abduction Act 1984, section 274 | |
Child Abduction Act 1984, section 675 | |
Mental Health (Scotland) Act 1984, section 10576 | |
F34Mental Health (Scotland) Act 1984, section 106 | |
F34Mental Health (Scotland) Act 1984, section 107 | |
Mental Health (Scotland) Act 1984, section 10877 | |
Mental Health (Scotland) Act 1984, section 10978 | |
Child Abduction (Northern Ireland) Order 1985, Article 379 | |
Child Abduction (Northern Ireland) Order 1985, Article 480 | |
Mental Health (Northern Ireland) Order 1986, Article 119 | |
Mental Health (Northern Ireland) Order 1986, Article 12181 | |
Mental Health (Northern Ireland) Order 1986, Article 124 | |
Mental Health (Northern Ireland) Order 1986, Article 125 | |
Criminal Justice Act 1988, section 16082 | |
Criminal Justice (Evidence etc.)(Northern Ireland) Order 1988, Article 1583 | |
Criminal Law (Consolidation)(Scotland) Act 1995, section 184 | |
Criminal Law (Consolidation)(Scotland) Act 1995, section 2 | |
Criminal Law (Consolidation)(Scotland) Act 1995, section 3 | |
Criminal Law (Consolidation)(Scotland) Act 1995, section 5(3) | |
Criminal Law (Consolidation)(Scotland) Act 1995, section 6 | |
Criminal Law (Consolidation)(Scotland) Act 1995, section 7(1) or (2) | |
Criminal Law (Consolidation)(Scotland) Act 1995, section 8(1) or (3) | |
Criminal Law (Consolidation)(Scotland) Act 1995, section 9 | |
Criminal Law (Consolidation)(Scotland) Act 1995, section 10 | |
Criminal Law (Consolidation)(Scotland) Act 1995, section 11 | |
Sexual Offences (Amendment) Act 2000, section 385 | |
Nationality, Immigration and Asylum Act 2002, section 14586 | |
Criminal Justice (Scotland) Act 2003, section 2287 | |
Criminal Justice (Northern Ireland) Order 2003, Article 1988 | |
Criminal Justice (Northern Ireland) Order 2003, Article 20 | |
Sexual Offences Act 2003, section 3 | |
Sexual Offences Act 2003, section 4 | |
F34Sexual Offences Act 2003, section 4(1)(a) | |
Sexual Offences Act 2003, section 9 | |
Sexual Offences Act 2003, section 10 | |
Sexual Offences Act 2003, section 11 | |
Sexual Offences Act 2003, section 12 | |
Sexual Offences Act 2003, section 14 | |
Sexual Offences Act 2003, section 1589 | |
Sexual Offences Act 2003, section 16 | |
Sexual Offences Act 2003, section 17 | |
Sexual Offences Act 2003, section 18 | |
Sexual Offences Act 2003, section 19 | |
Sexual Offences Act 2003, section 20 | |
Sexual Offences Act 2003, section 25 | |
Sexual Offences Act 2003, section 26 | |
Sexual Offences Act 2003, section 47 | |
Sexual Offences Act 2003, section 48 | |
Sexual Offences Act 2003, section 49 | |
Sexual Offences Act 2003, section 50 | |
Sexual Offences Act 2003, section 52 | |
Sexual Offences Act 2003, section 53 | |
Sexual Offences Act 2003, section 5790 | |
Sexual Offences Act 2003, section 58 | |
Sexual Offences Act 2003, section 59 | |
F34Sexual Offences Act 2003, section 59A | |
Sexual Offences Act 2003, section 61 | |
F31Asylum and Immigration (Treatment of Claimants etc) Act 2004, section 4 | |
Domestic Violence, Crime and Victims Act 2004, section 592 | |
Mental Capacity Act 2005, section 4493 | |
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 194 | |
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 9 | |
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 10 | |
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 11 | |
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 12 | |
F34Criminal Justice and Immigration Act 2008, section 63 | |
Sexual Offences (Northern Ireland) Order 2008, Article 7 | |
Sexual Offences (Northern Ireland) Order 2008, Article 8 | |
Sexual Offences (Northern Ireland) Order 2008, Article 16 | |
Sexual Offences (Northern Ireland) Order 2008, Article 17 | |
Sexual Offences (Northern Ireland) Order 2008, Article 18 | |
Sexual Offences (Northern Ireland) Order 2008, Article 19 | |
Sexual Offences (Northern Ireland) Order 2008, Article 21 | |
Sexual Offences (Northern Ireland) Order 2008, Article 22 | |
Sexual Offences (Northern Ireland) Order 2008, Article 23 | |
Sexual Offences (Northern Ireland) Order 2008, Article 24 | |
Sexual Offences (Northern Ireland) Order 2008, Article 25 | |
Sexual Offences (Northern Ireland) Order 2008, Article 26 | |
Sexual Offences (Northern Ireland) Order 2008, Article 27 | |
Sexual Offences (Northern Ireland) Order 2008, Article 32 | |
Sexual Offences (Northern Ireland) Order 2008, Article 33 | |
Sexual Offences (Northern Ireland) Order 2008, Article 37 | |
Sexual Offences (Northern Ireland) Order 2008, Article 38 | |
Sexual Offences (Northern Ireland) Order 2008, Article 39 | |
Sexual Offences (Northern Ireland) Order 2008, Article 40 | |
Sexual Offences (Northern Ireland) Order 2008, Article 62 | |
Sexual Offences (Northern Ireland) Order 2008, Article 63 | |
Sexual Offences (Northern Ireland) Order 2008, Article 65 | |
F34Coroners and Justice Act 2009, section 62 | |
F34Sexual Offences (Scotland) Act 2009, section 3 | |
Sexual Offences (Scotland) Act 2009, section 4 | |
Sexual Offences (Scotland) Act 2009, section 11 | |
Sexual Offences (Scotland) Act 2009, section 20(1) and (2)(b) to (e) | |
Sexual Offences (Scotland) Act 2009, section 21 | |
Sexual Offences (Scotland) Act 2009, section 22 | |
Sexual Offences (Scotland) Act 2009, section 23 | |
Sexual Offences (Scotland) Act 2009, section 24 | |
Sexual Offences (Scotland) Act 2009, section 25 | |
Sexual Offences (Scotland) Act 2009, section 26 | |
Sexual Offences (Scotland) Act 2009, section 28 | |
Sexual Offences (Scotland) Act 2009, section 29 | |
Sexual Offences (Scotland) Act 2009, section 30 | |
Sexual Offences (Scotland) Act 2009, section 31 | |
Sexual Offences (Scotland) Act 2009, section 32 | |
Sexual Offences (Scotland) Act 2009, section 33 | |
Sexual Offences (Scotland) Act 2009, section 34 | |
Sexual Offences (Scotland) Act 2009, section 35 | |
Sexual Offences (Scotland) Act 2009, section 36 | |
Sexual Offences (Scotland) Act 2009, section 42 | |
Sexual Offences (Scotland) Act 2009, section 46 |
I33
The offences specified in this paragraph are—
a
any offence contrary to a provision specified in the table set out in this paragraph;
b
any offence contrary to—
i
section 70 of the Army Act 1955,
ii
section 70 of the Air Force Act 1955, or
iii
section 42 of the Naval Discipline Act 1957,
which corresponds to an offence contrary to any provision specified in that table; and
c
any offence contrary to section 42 of the Armed Forces Act 2006, where the corresponding offence under the law of England and Wales is one contrary to a provision specified in that table.
Provision | |
|---|---|
Mental Health (Northern Ireland) Order 1986, Article 122(1)(a) | |
Mental Health (Northern Ireland) Order 1986, Article 123 | |
Mental Health (Care and Treatment)(Scotland) Act 2003, section 311 | |
Mental Health (Care and Treatment)(Scotland) Act 2003, section 313 | |
Sexual Offences Act 2003, section 30 | |
Sexual Offences Act 2003, section 31 | |
Sexual Offences Act 2003, section 32 | |
Sexual Offences Act 2003, section 33 | |
Sexual Offences Act 2003, section 34 | |
Sexual Offences Act 2003, section 35 | |
Sexual Offences Act 2003, section 36 | |
Sexual Offences Act 2003, section 37 | |
Sexual Offences Act 2003, section 38 | |
Sexual Offences Act 2003, section 39 | |
Sexual Offences Act 2003, section 40 | |
Sexual Offences Act 2003, section 41 | |
Sexual Offences (Northern Ireland) Order 2008, Article 43 | |
Sexual Offences (Northern Ireland) Order 2008, Article 44 | |
Sexual Offences (Northern Ireland) Order 2008, Article 45 | |
Sexual Offences (Northern Ireland) Order 2008, Article 46 | |
Sexual Offences (Northern Ireland) Order 2008, Article 47 | |
Sexual Offences (Northern Ireland) Order 2008, Article 48 | |
Sexual Offences (Northern Ireland) Order 2008, Article 49 | |
Sexual Offences (Northern Ireland) Order 2008, Article 50 | |
Sexual Offences (Northern Ireland) Order 2008, Article 51 | |
Sexual Offences (Northern Ireland) Order 2008, Article 52 | |
Sexual Offences (Northern Ireland) Order 2008, Article 53 | |
Sexual Offences (Northern Ireland) Order 2008, Article 54 | |
F33Sexual Offences (Scotland) Act 2009, section 46 |
I44
The offences specified in this paragraph are—
a
the offences contrary to the common law of England and Wales of—
i
murder,
ii
kidnapping,
iii
infanticide;
b
the offences contrary to the common law of Scotland of—
i
murder,
ii
rape, where the offence was committed against a child,
iii
sodomy, unless every person involved in the offence was aged 16 or over and was a willing participant,
iv
indecent assault, where the offence was committed against a child,
v
clandestine injury to women, where the offence was committed against a child,
vi
abduction of a woman or a girl with intent to rape, where the offence was committed against a child,
vii
assault with intent to rape or ravish, where the offence was committed against a child;
c
an offence contrary to the common law of Scotland involving lewd, indecent or libidinous behaviour or practices, where the offence was committed against a child under the age of 16;
d
the offences contrary to the common law of Northern Ireland of—
i
murder,
ii
rape, where the offence was committed against a child,
iii
kidnapping,
iv
infanticide;
e
any offence contrary to a provision specified in the first column of Part 1 of the table set out in this paragraph, where it was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;
f
any offence contrary to a provision specified in Part 2 of that table;
g
any offence contrary to—
i
section 70 of the Army Act 1955,
ii
section 70 of the Air Force Act 1955, or
iii
section 42 of the Naval Discipline Act 1957,
which corresponds to an offence contrary to any provision specified in the first column of Part 1 of that table and which was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;
h
any offence contrary to—
i
section 70 of the Army Act 1955,
ii
section 70 of the Air Force Act 1955, or
iii
section 42 of the Naval Discipline Act 1957,
which corresponds to an offence contrary to any provision specified in Part 2 of that table; and
i
any offence contrary to section 42 of the Armed Forces Act 2006 where—
i
the corresponding offence under the law of England and Wales is one contrary to a provision specified in the first column of Part 1 of that table, and the offence under the Armed Forces Act 2006 was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table, or
ii
the corresponding offence under the law of England and Wales is one contrary to a provision specified in Part 2 of that table.
Part 1 | |
|---|---|
Provision | Circumstances |
Offences Against the Person Act 1861, section 61 | F35The person with whom the offence was committed was under the age of 16 or did not consent to the act |
Criminal Law Amendment Act 1885, section 11 | F36The person with whom the offence was committed was under the age of 16 or did not consent to the act and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 |
Punishment of Incest Act 1908, section 1 | The offence was committed against a child or the other party to the offence did not consent to the act |
Punishment of Incest Act 1908, section 2 | The offence was committed against a child or the other party to the offence did not consent to the act |
F12. . . | F14. . . |
Sexual Offences Act 1956, section 10 | The offence was committed against a child or the other party to the offence did not consent to the act |
Sexual Offences Act 1956, section 11 | The offence was committed against a child or the other party to the offence did not consent to the act |
Sexual Offences Act 1956, section 12 | The person with whom the offence was committed was under the age of 16 or did not consent to the act |
Sexual Offences Act 1956, section 13 | The person with whom the offence was committed was under the age of 16 or did not consent to the act F37and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 |
Misuse of Drugs Act 1971, section 4(3) | The person to whom controlled drugs were supplied or offered to be supplied was a child |
Customs and Excise Management Act 1979, section 170 | The relevant goods were goods which were prohibited to be imported or brought into the United Kingdom, pursuant to section 42 of the Customs Consolidation Act 1876 |
F13. . . | F14. . . |
F42Female Genital Mutilation Act 2003, section 1 | The offence was committed against a child |
Female Genital Mutilation Act 2003, section 2 | The offence was committed against a child |
Female Genital Mutilation Act 2003, section 3 | The offence was committed against a child |
F7Sexual Offences Act 2003, section 66 | F11The offence was committed against a child under the age of 16 |
F8Sexual Offences Act 2003, section 67 | F11The offence was committed against a child under the age of 16 |
F42Sexual Offences Act 2003, section 72 | |
Sexual Offences (Northern Ireland) Order 2008, Article 5 | The offence was committed against a child |
F9Sexual Offences (Northern Ireland) Order 2008, Article 70 | F11The offence was committed against a child under the age of 16 |
F10Sexual Offences (Northern Ireland) Order 2008, Article 71 | F11The offence was committed against a child under the age of 16 |
F42Sexual Offences (Scotland) Act 2009, section 5 | The offence was committed against a child aged under the age of 16 |
Sexual Offences (Scotland) Act 2009, section 6 | The offence was committed against a child aged under the age of 16 |
F3Theft Act 1968, section 9(1)(a) | The offence was committed with intent to commit rapeF38before section 9(1)(a) was amended by the Sexual Offences Act 2003 |
Theft Act (Northern Ireland) 1969, section 9 | The offence was committed with intent to commit rape F39before section 9 was amended by the Sexual Offences (Northern Ireland) Order 2008 |
Part 2 | |
Provision | |
Offences Against the Person Act 1861, section 21 | |
Offences Against the Person Act 1861, section 52 | |
Offences Against the Person Act 1861, section 53 | |
Offences Against the Person Act 1861, section 54 | |
Offences Against the Person Act 1861, section 55 | |
Offences Against the Person Act 1861, section 62 | |
Criminal Law Amendment Act 1885, section 2 | |
Criminal Law Amendment Act 1885, section 3 | |
Criminal Law Amendment Act 1885, section 4 | |
Criminal Law Amendment Act 1885, section 5 | |
Criminal Law Amendment Act 1885, section 6 | |
Criminal Law Amendment Act 1885, section 7 | |
Criminal Law Amendment Act 1885, section 8 | |
Vagrancy Act 1898, section 1 | |
Children and Young Persons Act 1933, section 1 | |
Children and Young Persons (Scotland) Act 1937, section 12(1) | |
Infanticide Act 1938, section 1 | |
Infanticide Act (Northern Ireland) 1939, section 1 | |
F19Sexual Offences Act 1956, section 1 | |
Sexual Offences Act 1956, section 2 | |
Sexual Offences Act 1956, section 3 | |
Sexual Offences Act 1956, section 4 | |
Sexual Offences Act 1956, section 5 | |
Sexual Offences Act 1956, section 6 | |
Sexual Offences Act 1956, section 7 | |
Sexual Offences Act 1956, section 9 | |
Sexual Offences Act 1956, section 14 | |
Sexual Offences Act 1956, section 15 | |
Sexual Offences Act 1956, section 16 | |
Sexual Offences Act 1956, section 17 | |
Sexual Offences Act 1956, section 19 | |
Sexual Offences Act 1956, section 20 | |
Sexual Offences Act 1956, section 21 | |
Sexual Offences Act 1956, section 22 | |
Sexual Offences Act 1956, section 23 | |
Sexual Offences Act 1956, section 24 | |
Sexual Offences Act 1956, section 25 | |
Sexual Offences Act 1956, section 26 | |
Sexual Offences Act 1956, section 27 | |
Sexual Offences Act 1956, section 28 | |
Sexual Offences Act 1956, section 29 | |
Sexual Offences Act 1956, section 30 | |
Sexual Offences Act 1956, section 31 | |
Mental Health Act 1959, section 128 | |
Indecency with Children Act 1960, section 1 | |
Sexual Offences Act 1967, section 4 | |
Sexual Offences Act 1967, section 5 | |
F4. . . | |
Children and Young Persons Act (Northern Ireland) 1968, section 20 | |
Children and Young Persons Act (Northern Ireland) 1968, section 21 | |
Children and Young Persons Act (Northern Ireland) 1968, section 22 | |
F15. . . | |
F4. . . | |
Sexual Offences (Scotland) Act 1976, section 2A | |
Sexual Offences (Scotland) Act 1976, section 2B | |
Sexual Offences (Scotland) Act 1976, section 2C | |
F5Sexual Offences (Scotland) Act 1976, section 3 | |
Sexual Offences (Scotland) Act 1976, section 4 | |
Criminal Law Act 1977, section 54 | |
Protection of Children Act 1978, section 1 | |
Protection of Children (Northern Ireland) Order 1978, Article 3 | |
F43Sexual Offences (Northern Ireland) Order 1978, Article 3 | |
Criminal Justice (Northern Ireland) Order 1980, Article 9 | |
Criminal Justice (Scotland) Act 1980, section 80(7) | |
Homosexual Offences (Northern Ireland) Order 1982, Article 7 | |
Homosexual Offences (Northern Ireland) Order 1982, Article 8 | |
Civic Government (Scotland) Act 1982, section 52 | |
Civic Government (Scotland) Act 1982, section 52A | |
F41. . . | |
Mental Health Act 1983, section 127 | |
F41. . . | |
F41. . . | |
Child Abduction Act 1984, section 1 | |
Child Abduction Act 1984, section 2 | |
Child Abduction Act 1984, section 6 | |
Mental Health (Scotland) Act 1984, section 105 | |
F43Mental Health (Scotland) Act 1984, section 106 | |
Mental Health (Scotland) Act 1984, section 107 | |
Mental Health (Scotland) Act 1984, section 108 | |
Mental Health (Scotland) Act 1984, section 109 | |
Child Abduction (Northern Ireland) Order 1985, Article 3 | |
Child Abduction (Northern Ireland) Order 1985, Article 4 | |
Mental Health (Northern Ireland) Order 1986, Article 119 | |
Mental Health (Northern Ireland) Order 1986, Article 121 | |
Mental Health (Northern Ireland) Order 1986, Article 122(1)(b) to (e) | |
Mental Health (Northern Ireland) Order 1986, Article 124 | |
Mental Health (Northern Ireland) Order 1986, Article 125 | |
Criminal Justice Act 1988, section 160 | |
Criminal Justice (Evidence)(Northern Ireland) Order 1988, Article 15 | |
Criminal Law (Consolidation) (Scotland) Act 1995, section 1 | |
Criminal Law (Consolidation) (Scotland) Act 1995, section 2 | |
Criminal Law (Consolidation) (Scotland) Act 1995, section 3 | |
Criminal Law (Consolidation) (Scotland) Act 1995, section 5(3) | |
Criminal Law (Consolidation) (Scotland) Act 1995, section 6 | |
Criminal Law (Consolidation) (Scotland) Act 1995, section 7(1) or (2) | |
Criminal Law (Consolidation) (Scotland) Act 1995, section 8(1) or (3) | |
Criminal Law (Consolidation) (Scotland) Act 1995, section 9 | |
Criminal Law (Consolidation) (Scotland) Act 1995, section 10 | |
Criminal Law (Consolidation) (Scotland) Act 1995, section 11 | |
Criminal Law (Consolidation) (Scotland) Act 1995, section 13 | |
Sexual Offences (Amendment) Act 2000, section 3 | |
Nationality, Immigration and Asylum Act 2002, section 145 | |
Criminal Justice (Northern Ireland) Order 2003, Article 19 | |
Criminal Justice (Northern Ireland) Order 2003, Article 20 | |
Criminal Justice (Northern Ireland) Order 2003, Article 21 | |
F43Criminal Justice (Scotland) Act 2003, section 22 | |
F21Sexual Offences Act 2003, section 1 | |
Sexual Offences Act 2003, section 2 | |
Sexual Offences Act 2003, section 3 | |
Sexual Offences Act 2003, section 4 | |
F43Sexual Offences Act 2003, section 4(1)(a) | |
Sexual Offences Act 2003, section 5 | |
Sexual Offences Act 2003, section 6 | |
Sexual Offences Act 2003, section 7 | |
Sexual Offences Act 2003, section 8 | |
Sexual Offences Act 2003, section 9 | |
Sexual Offences Act 2003, section 10 | |
Sexual Offences Act 2003, section 11 | |
Sexual Offences Act 2003, section 12 | |
Sexual Offences Act 2003, section 14 | |
Sexual Offences Act 2003, section 15 | |
Sexual Offences Act 2003, section 16 | |
Sexual Offences Act 2003, section 17 | |
Sexual Offences Act 2003, section 18 | |
Sexual Offences Act 2003, section 19 | |
Sexual Offences Act 2003, section 20 | |
Sexual Offences Act 2003, section 25 | |
Sexual Offences Act 2003, section 26 | |
Sexual Offences Act 2003, section 47 | |
Sexual Offences Act 2003, section 48 | |
Sexual Offences Act 2003, section 49 | |
Sexual Offences Act 2003, section 50 | |
Sexual Offences Act 2003, section 52 | |
Sexual Offences Act 2003, section 53 | |
Sexual Offences Act 2003, section 57 | |
Sexual Offences Act 2003, section 58 | |
Sexual Offences Act 2003, section 59 | |
F43Sexual Offences Act 2003, section 59A | |
Sexual Offences Act 2003, section 61 | |
Sexual Offences Act 2003, section 62 | |
Sexual Offences Act 2003, section 63 | |
F16. . . | |
F17. . . | |
F40Asylum and Immigration (Treatment of Claimants etc) Act 2004, section 4 | |
Domestic Violence, Crime and Victims Act 2004, section 5 | |
Mental Capacity Act 2005, section 44 | |
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 1 | |
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 9 | |
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 10 | |
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 11 | |
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 12 | |
F43Criminal Justice and Immigration Act 2008, section 63 | |
Sexual Offences (Northern Ireland) Order 2008, Article 6 | |
Sexual Offences (Northern Ireland) Order 2008, Article 7 | |
Sexual Offences (Northern Ireland) Order 2008, Article 8 | |
Sexual Offences (Northern Ireland) Order 2008, Article 12 | |
Sexual Offences (Northern Ireland) Order 2008, Article 13 | |
Sexual Offences (Northern Ireland) Order 2008, Article 14 | |
Sexual Offences (Northern Ireland) Order 2008, Article 15 | |
Sexual Offences (Northern Ireland) Order 2008, Article 16 | |
Sexual Offences (Northern Ireland) Order 2008, Article 17 | |
Sexual Offences (Northern Ireland) Order 2008, Article 18 | |
Sexual Offences (Northern Ireland) Order 2008, Article 19 | |
Sexual Offences (Northern Ireland) Order 2008, Article 21 | |
Sexual Offences (Northern Ireland) Order 2008, Article 22 | |
Sexual Offences (Northern Ireland) Order 2008, Article 23 | |
Sexual Offences (Northern Ireland) Order 2008, Article 24 | |
Sexual Offences (Northern Ireland) Order 2008, Article 25 | |
Sexual Offences (Northern Ireland) Order 2008, Article 26 | |
Sexual Offences (Northern Ireland) Order 2008, Article 27 | |
Sexual Offences (Northern Ireland) Order 2008, Article 32 | |
Sexual Offences (Northern Ireland) Order 2008, Article 33 | |
Sexual Offences (Northern Ireland) Order 2008, Article 37 | |
Sexual Offences (Northern Ireland) Order 2008, Article 38 | |
Sexual Offences (Northern Ireland) Order 2008, Article 39 | |
Sexual Offences (Northern Ireland) Order 2008, Article 40 | |
Sexual Offences (Northern Ireland) Order 2008, Article 62 | |
Sexual Offences (Northern Ireland) Order 2008, Article 63 | |
Sexual Offences (Northern Ireland) Order 2008, Article 65 | |
Sexual Offences (Northern Ireland) Order 2008, Article 66 | |
Sexual Offences (Northern Ireland) Order 2008, Article 67 | |
F18. . . | |
F20. . . | |
F43Coroners and Justice Act 2009, section 62 | |
Sexual Offences (Scotland) Act 2009, section 1 | |
Sexual Offences (Scotland) Act 2009, section 2 | |
Sexual Offences (Scotland) Act 2009, section 3 | |
Sexual Offences (Scotland) Act 2009, section 4 | |
Sexual Offences (Scotland) Act 2009, section 11 | |
Sexual Offences (Scotland) Act 2009, section 18 | |
Sexual Offences (Scotland) Act 2009, section 19 | |
Sexual Offences (Scotland) Act 2009, section 20 |