Criminal Justice and Court Services Act 2000 (c. 43)

SCHEDULES

Section 26.

SCHEDULE 4 U.K. Meaning of “offence against a child”

1 U.K. The offences mentioned in paragraph (a) of subsection (1) of section 26 are—

(a) an offence under section 1 of the M1 Children and Young Persons Act 1933 (cruelty to children),

(b) an offence under section 1 of the M2 Infanticide Act 1938 (infanticide),

(c) an offence under section 5 of the M3 Sexual Offences Act 1956 (intercourse with a girl under 13),

(d) an offence under section 6 of that Act (intercourse with a girl under 16),

(e) an offence under section 19 or 20 of that Act (abduction of girl under 18 or 16),

(f) an offence under section 25 or 26 of that Act (permitting girl under 13, or between 13 and 16, to use premises for intercourse),

(g) an offence under section 28 of that Act (causing or encouraging prostitution of, intercourse with or indecent assault on, girl under 16),

(h) an offence under section 1 of the M4 Indecency with Children Act 1960 (indecent conduct towards young child),

(i) an offence under section 54 of the M5 Criminal Law Act 1977 (inciting girl under sixteen to incest),

(j) an offence under section 1 of the M6 Protection of Children Act 1978 (indecent photographs of children),

(k) an offence under section 1 of the M7 Child Abduction Act 1984 (abduction of child by parent),

(l) an offence under section 160 of the M8 Criminal Justice Act 1988 (possession of indecent photograph of child),

(m) an offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of trust).

Extent Information

E1 sch.4 para.1 extends to UK.see s.81(1)(2)(a) for th eextent

Marginal Citations

M1 1933 c. 12.

M2 1938 c. 36.

M3 1956 c. 69.

M4 1960 c. 33.

M5 1977 c. 45.

M6 1978 c. 37.

M7 1984 c. 37.

M8 1988 c. 33.

2 U.K. The offences mentioned in paragraph (b) of that subsection are—

(a) murder,

(b) manslaughter,

(c) kidnapping,

(d) false imprisonment,

(e) an offence under section 18 or 20 of the Offences against the M9 Person Act 1861 (wounding and causing grievous bodily harm),

(f) an offence under section 47 of that Act (assault occasioning actual bodily harm),

(g) an offence under section 1 of the M10 Sexual Offences Act 1956 (rape),

(h) an offence under section 2 or 3 of that Act (procurement of woman by threats or false pretences),

(i) an offence under section 4 of that Act (administering drugs to obtain or facilitate intercourse),

(j) an offence under section 14 or 15 of that Act (indecent assault),

(k) an offence under section 16 of that Act (assault with intent to commit buggery),

(l) an offence under section 17 of that Act (abduction of woman by force or for the sake of her property),

(m) an offence under section 24 of that Act (detention of woman in brothel or other premises).

[F1 (n) an offence under section 145 of the Nationality, Immigration and Asylum Act 2002 (traffic in prostitution).]

Extent Information

E2 Sch. 4 para. 2 extends to UK, see s. 81(1)(2)(a) for the extent

Textual Amendments

F1 Sch. 4 para. 2(n) inserted (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 146(4), 162(2) (with s. 159); S.I. 2003/1, art. 2, Sch.

Marginal Citations

M9 1861 c. 100.

M10 1956 c. 69.

3 U.K. A person falls within this paragraph if—

(a) he commits an offence under section 16 of the Offences against the M11 Person Act 1861 (threats to kill) by making a threat to kill a child,

(b) he commits an offence under section 7 of the M12 Sexual Offences Act 1956 (intercourse with defective) by having sexual intercourse with a child,

(c) he commits an offence under section 9 of that Act (procurement of defective) by procuring a child to have sexual intercourse,

(d) he commits an offence under section 10 of that Act (incest by a man) by having sexual intercourse with a child,

(e) she commits an offence under section 11 of that Act (incest by a woman) by allowing a child to have sexual intercourse with her,

(f) he commits an offence under section 12 of that Act by committing buggery with a child under the age of 16,

(g) he commits an offence under section 13 of that Act by committing an act of gross indecency with a child,

(h) he commits an offence under section 21 of that Act (abduction of defective from parent or guardian) by taking a child out of the possession of her parent or guardian,

(i) he commits an offence under section 22 of that Act (causing prostitution of women) in relation to a child,

(j) he commits an offence under section 23 of that Act (procuration of girl under 21) by procuring a child to have sexual intercourse with a third person,

(k) he commits an offence under section 27 of that Act (permitting defective to use premises for intercourse) by inducing or suffering a child to resort to or be on premises for the purpose of having sexual intercourse,

(l) he commits an offence under section 29 of that Act (causing or encouraging prostitution of defective) by causing or encouraging the prostitution of a child,

(m) he commits an offence under section 30 of that Act (man living on earnings of prostitution) in a case where the prostitute is a child,

(n) she commits an offence under section 31 of that Act (woman exercising control over prostitute) in a case where the prostitute is a child,

(o) he commits an offence under section 128 of the M13 Mental Health Act 1959 (sexual intercourse with patients) by having sexual intercourse with a child,

(p) he commits an offence under section 4 of the M14 Sexual Offences Act 1967 (procuring others to commit homosexual acts) by—

(i) procuring a child to commit an act of buggery with any person, or

(ii) procuring any person to commit an act of buggery with a child,

(q) he commits an offence under section 5 of that Act (living on earnings of male prostitution) by living wholly or in part on the earnings of prostitution of a child,

(r) he commits an offence under section 9(1)(a) of the M15 Theft Act 1968 (burglary), by entering a building or part of a building with intent to rape a child,

(s) he commits an offence under section 4(3) of the M16 Misuse of Drugs Act 1971 by—

(i) supplying or offering to supply a Class A drug to a child,

(ii) being concerned in the supplying of such a drug to a child, or

(iii) being concerned in the making to a child of an offer to supply such a drug,

(t) he commits an offence of—

(i) aiding, abetting, counselling, procuring or inciting the commission of an offence against a child, or

(ii) conspiring or attempting to commit such an offence.

Extent Information

E3 sch.4 para.3 extends to UK.see s.81(1)(2)(a) for the extent

Marginal Citations

M11 1861 c. 100.

M12 1956 c. 69.

M13 1959 c. 72.

M14 1967 c. 60.

M15 1968 c. 60.

M16 1971 c. 38.