Substitution of Schedule A1 to the 2013 OrderI14
For Schedule A1 to the 2013 Order (offences which must always be disclosed) substitute—
SCHEDULE A1OFFENCES WHICH MUST ALWAYS BE DISCLOSED
Common law offences
1
Abduction.
2
Abortion.
3
Assault to the danger of life.
4
Assault to severe injury.
5
Assault with intent to rape or ravish.
6
Assault with intent to commit the statutory offence of rape.
7
Bestiality.
8
Cruel and unnatural treatment of persons.
9
Culpable homicide.
10
Drugging.
11
Extortion.
12
Hamesucken.
13
Hijacking.
14
Piracy.
15
Plagium.
16
Reset of plagium.
17
Treason.
18
Uttering threats.
Statutory offences
Armed forces19
An offence under section 42 of the Armed Forces Act 20064 (criminal conduct) where the corresponding offence under the law of England and Wales is, or corresponds to, an offence listed in this Schedule.
Aviation and maritime
20
An offence under the Piracy Act 18375.
21
An offence under any of the following provisions of the Aviation Security Act 19826—
a
section 1 (hijacking);
b
section 2 (destroying, damaging or endangering safety of aircraft);
c
section 3 (other acts endangering or likely to endanger safety of aircraft); and
d
section 4 (offences in relation to certain dangerous articles).
22
An offence under section 9 of the Aviation and Maritime Security Act 19907 (hijacking of ships).
23
An offence under article 241 of the Air Navigation Order 20098 in respect of a contravention of article 137 of that Order (endangering safety of aircraft).
Children24
An offence under section 12 of the Children and Young Persons (Scotland) Act 19379 (cruelty to persons under 16).
Explosives25
An offence under the Explosive Substances Act 188310.
Firearms and other weapons
26
An offence under any of the following provisions of the Firearms Act 196811—
a
section 4 (conversion of weapons)12;
b
section 5 (weapons subject to a general prohibition)13;
c
section 16 (possession of firearm with intent to injure);
d
section 16A14 (possession of firearm with intent to cause fear or violence);
e
section 1715 (use of firearm to resist arrest);
f
section 18 (carrying firearm with criminal intent);
g
section 1916 (carrying firearm in a public place);
h
section 2017 (trespassing with firearm);
i
section 2118 (possession of firearm by persons previously convicted of crime);
j
section 2419 (supplying firearms to minors);
k
section 25 (supplying firearm to person drunk or insane);
l
section 28A(7)20 (certificates: supplementary);
m
section 2921 (variation of firearm certificates);
n
section 30D(3) (revocation of certificates: supplementary)22;
o
section 3923 (offences in connection with registration);
p
section 4024 (compulsory register of transactions in firearms);
q
section 46(5) (power of search with warrant);
r
section 47 (powers of constables to stop and search); and
s
section 48 (production of certificates).
27
An offence under the Chemical Weapons Act 199625.
Forced marriage28
An offence under section 122 of the Anti-social Behaviour, Crime and Policing Act 2014 (offence of forced marriage: Scotland)26.
Human trafficking and exploitation
29
An offence under section 22 of the Criminal Justice (Scotland) Act 200327 (traffic in prostitution etc.).
30
An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 200428 (trafficking people for exploitation).
31
An offence under section 47 of the Criminal Justice and Licensing (Scotland) Act 201029 (slavery, servitude and forced or compulsory labour).
32
An offence under the Prohibition of Female Genital Mutilation (Scotland) Act 200530.
Medical professions etc.
33
An offence under section 10Z9 of the National Health Service (Scotland) Act 197831 (offences in relation to registration).
34
An offence under any of the following provisions of the Medical Act 198332—
a
section 49 (penalty for pretending to be registered)33; and
b
section 49A (penalty for pretending to hold a licence to practise)34 .
35
An offence under article 38 (offences relating to the Register) of the Pharmacy Order 201035.
Medicines36
An offence under any of the following provisions of the Medicines Act 196836—
a
section 67(1A) and (1B) (offences under Part III)37; and
b
section 78 (restrictions on use of titles, descriptions and emblems)38.
Official Secrets37
An offence under the Official Secrets Act 191139.
Prostitution38
An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 199540—
a
section 741 (procuring);
b
section 1142 (trading in prostitution and brothel-keeping); and
c
section 12 (allowing child to be in brothel).
Road traffic39
An offence under any of the following provisions of the Road Traffic Act 198843—
a
section 144 (causing death by dangerous driving);
b
section 3ZC45 (causing death by driving: disqualified drivers); and
c
section 3A46 (causing death by careless driving when under influence of drink or drugs).
Serious organised crime40
An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 201047—
a
section 28 (involvement in serious organised crime);
b
section 30 (directing serious organised crime); and
c
section 31 (failure to report serious organised crime).
Sexual offences
41
An offence under section 50(3) of the Customs and Excise Management Act 197948 (penalty for improper importation of goods) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 187649, but only where the prohibited goods include indecent photographs of persons.
42
A sexual offence within the meaning given by section 210A(10) of the Criminal Procedure (Scotland) Act 199550 other than an offence mentioned in paragraph (xxvii)(ZF) or (ZG) of that section (engaging while an older child in sexual conduct with or towards another older child).
43
An offence under section 113 of the Sexual Offences Act 200351 (breach of sexual offences prevention order or interim sexual offences prevention order, etc.).
44
An offence under section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (offence: breach of RSHO or interim RSHO etc.)52.
Stalking and harassment
45
An offence under section 50A of the Criminal Law (Consolidation) (Scotland) Act 199553 (racially aggravated harassment).
46
An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 201054—
a
section 38 (threatening or abusive behaviour); and
b
section 39 (offence of stalking).
Terrorism
47
An offence under any of the following provisions of the Terrorism Act 200055—
a
section 11 (membership);
b
section 12 (support);
c
section 15 (fund-raising);
d
section 16 (use and possession);
e
section 17 (funding arrangements);
f
section 17A(2) or (4) (insurance payments made in response to terrorist demands)56;
g
section 18 (money laundering);
h
section 1957 (disclosure of information: duty);
i
section 21A58 (failure to disclose: regulated sector);
j
section 21D59 (tipping off: regulated sector);
k
section 38B60 (information about acts of terrorism);
l
section 3961 (disclosure of information, &c.);
m
section 54 (weapons training)62;
n
section 56 (directing terrorist organisation);
o
section 57 (possession for terrorist purposes)63;
p
section 58 (collection of information)64;
q
section 58A (eliciting, publishing or communicating)65; and
r
section 61 (inciting terrorism overseas).
48
An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 200166—
a
section 47 (use etc. of nuclear weapons);
b
section 50 (assisting or inducing certain weapons-related acts overseas);
c
section 52 (powers of entry);
d
section 54 (offences);
e
section 67 (offences);
f
section 79 (prohibition of disclosures relating to nuclear security)67;
g
section 80 (prohibition of disclosures of uranium enrichment technology)68;
h
section 113 (use of noxious substances or things to cause harm and intimidate)69;
i
section 114 (hoaxes involving noxious substances or things); and
j
paragraph 7 of Schedule 3 (offences).
49
An offence under the Terrorism Act 200670.
50
An offence under any of the following provisions of the Counter-Terrorism Act 200871—
a
section 2 (offence of obstruction);
b
section 54 (offences relating to notification);
c
paragraph 15 of Schedule 5 (breach of foreign travel restriction order and offence);
d
paragraph 30 of Schedule 7 (offences: failure to comply with requirement imposed by direction);
e
paragraph 30A of Schedule 772 (offences: relevant person circumventing requirements); and
f
paragraph 31 of Schedule 7 (offences in connection with licences).
Violent offender orders51
An offence under section 113(1) of the Criminal Justice and Immigration Act 200873 (breach of violent offender order or interim violent offender order).
Vulnerable persons
52
An offence under section 83 of the Adults with Incapacity (Scotland) Act 200074 (offence of ill-treatment and wilful neglect).
53
An offence under section 315 of the Mental Health (Care and Treatment) (Scotland) Act 200375 (ill-treatment and wilful neglect of mentally disordered person).
54
An offence under any of the following provisions of the Protection of Vulnerable Groups (Scotland) Act 200776—
a
section 34 (barred individuals not to do regulated work);
b
section 35 (organisations not to use barred individuals for regulated work); and
c
section 36 (personnel suppliers not to supply barred individuals for regulated work).
55
Any offence where the conduct in respect of which the person was convicted also constituted a breach of a banning order granted under section 19 of the Adult Support and Protection (Scotland) Act 200777 (banning orders).
Witness protection56
An offence under any of the following provisions of the Serious Organised Crime and Police Act 200578—
a
section 86 (offence of disclosing information about protection arrangements); and
b
section 88 (offences of disclosing information relating to persons assuming new identity).
Statutory aggravations57
An offence in relation to which either of the following provisions applies—
a
section 29(1) of the Criminal Justice and Licensing (Scotland) Act 201079 (offences aggravated by connection with serious organised crime); or
b
section 31 of the Counter-Terrorism Act 2008 (offences aggravated by terrorism)80.
Other
Common law aggravations
58
An offence the conviction for which indicates that it was committed against a child.
59
An offence the conviction for which indicates that it included a sexual element.
Inchoate offences
60
An offence committed by aiding, abetting, counselling, procuring or inciting the commission of the offence of murder or any offence listed in paragraphs 1 to 59 of this Schedule.
61
An offence committed by attempting or conspiring to commit the offence of murder or any offence listed in paragraphs 1 to 59 of this Schedule.
Superseded offences62
An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 61 of this Schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).
Combined offences63
An offence which was charged, and the conviction for which was received, in conjunction with any offence listed in paragraphs 1 to 62 of this Schedule.
Corresponding offences elsewhere in the UK or abroad64
An offence under the law of England and Wales or Northern Ireland, or any country or territory outside the United Kingdom, which corresponds to any offence listed in paragraphs 1 to 63 of this Schedule.