Sexual Offences Act 2003 (c. 42)

SCHEDULES

Section 104

SCHEDULE 5 U.K. Other offences for purposes of Part 2

England and Wales U.K.

1 U.K. Murder.

2 U.K. Manslaughter.

3 U.K. Kidnapping.

4 U.K. False imprisonment.

[F1 4A U.K. Outraging public decency.]

Textual Amendments

F1 Sch. 5 para. 4A inserted (19.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 3(2)

5 U.K. An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).

6 U.K. An offence under section 16 of that Act (threats to kill).

7 U.K. An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).

8 U.K. An offence under section 20 of that Act (malicious wounding).

9 U.K. An offence under section 21 of that Act (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence).

10 U.K. An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence).

11 U.K. An offence under section 23 of that Act (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm).

12 U.K. An offence under section 27 of that Act (abandoning children).

13 U.K. An offence under section 28 of that Act (causing bodily injury by explosives).

14 U.K. An offence under section 29 of that Act (using explosives etc. with intent to do grievous bodily harm).

15 U.K. An offence under section 30 of that Act (placing explosives with intent to do bodily injury).

16 U.K. An offence under section 31 of that Act (setting spring guns etc. with intent to do grievous bodily harm).

17 U.K. An offence under section 32 of that Act (endangering the safety of railway passengers).

18 U.K. An offence under section 35 of that Act (injuring persons by furious driving).

19 U.K. An offence under section 37 of that Act (assaulting officer preserving wreck).

20 U.K. An offence under section 38 of that Act (assault with intent to resist arrest).

21 U.K. An offence under section 47 of that Act (assault occasioning actual bodily harm).

22 U.K. An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property).

23 U.K. An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).

24 U.K. An offence under section 1 of the Infant Life (Preservation) Act 1929 (c. 34) (child destruction).

25 U.K. An offence under section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty to children).

26 U.K. An offence under section 1 of the Infanticide Act 1938 (c. 36) (infanticide).

27 U.K. An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life).

28 U.K. An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence).

29 U.K. An offence under section 17(1) of that Act (use of firearm to resist arrest).

30 U.K. An offence under section 17(2) of that Act (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act).

31 U.K. An offence under section 18 of that Act (carrying a firearm with criminal intent).

[F2 31A U.K. An offence under section 1 of the Theft Act 1968 (c.60) (theft).]

Textual Amendments

F2 Sch. 5 para. 31A inserted (19.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 3(3)

32 U.K. An offence under section 8 of [F3 that Act](robbery or assault with intent to rob).

Textual Amendments

F3 Words in Sch. 5 para. 32 substituted (19.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 3(4)

[F4 33 U.K. An offence under section 9(1)(a) of that Act (burglary with intent to steal, inflict grievous bodily harm or do unlawful damage).]

Textual Amendments

F4 Words in Sch. 5 para. 33 substituted (19.2.2007) by virtue of The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 3(5)

34 U.K. An offence under section 10 of that Act (aggravated burglary).

35 U.K. An offence under section 12A of that Act (aggravated vehicle-taking) involving an accident which caused the death of any person.

36 U.K. An offence of arson under section 1 of the Criminal Damage Act 1971 (c. 48).

37 U.K. An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.

38 U.K. An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).

39 U.K. An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).

40 U.K. An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).

41 U.K. An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).

42 U.K. An offence under section 4 of that Act (offences in relation to certain dangerous articles).

43 U.K. An offence under section 127 of the Mental Health Act 1983 (c. 20) (ill-treatment of patients).

[F5 43A U.K. An offence under section 1 of the Child Abduction Act 1984 (c. 37) (offence of abduction of child by parent, etc).

Textual Amendments

F5 Sch. 5 paras. 43A, 43B inserted (19.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 3(6)

43B U.K. An offence under section 2 of that Act (offence of abduction of child by other persons).]

Textual Amendments

F5 Sch. 5 paras. 43A, 43B inserted (19.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 3(6)

44 U.K. An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).

45 U.K. An offence under section 1 of the Public Order Act 1986 (c. 64) (riot).

46 U.K. An offence under section 2 of that Act (violent disorder).

47 U.K. An offence under section 3 of that Act (affray).

48 U.K. An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).

49 U.K. An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving).

50 U.K. An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).

51 U.K. An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).

52 U.K. An offence under section 9 of that Act (hijacking of ships).

53 U.K. An offence under section 10 of that Act (seizing or exercising control of fixed platforms).

54 U.K. An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).

55 U.K. An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).

56 U.K. An offence under section 13 of that Act (offences involving threats).

[F6 56A U.K. An offence under section 2 [F7 or 2A] of the Protection from Harassment Act 1997 (c. 40) ([F8 offences of harassment and stalking]).]

Textual Amendments

F6 Sch. 5 para. 56A inserted (19.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 3(7)

F7 Words in Sch. 5 para. 56A inserted (25.11.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 146(a)(i) (with s. 97); S.I. 2012/2075, art. 5(d)

F8 Words in Sch. 5 para. 56A substituted (25.11.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 146(a)(ii) (with s. 97); S.I. 2012/2075, art. 5(d)

57 U.K. An offence under section 4 [F9 or 4A] of [F10 that Act] (putting people in fear of violence [F11 and stalking involving fear of violence or serious alarm or distress]).

Textual Amendments

F9 Words in Sch. 5 para. 57 inserted (25.11.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 146(b)(i) (with s. 97); S.I. 2012/2075, art. 5(d)

F10 Words in Sch. 5 para. 57 substituted (19.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 3(8)

F11 Words in Sch. 5 para. 57 inserted (25.11.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 146(b)(ii) (with s. 97); S.I. 2012/2075, art. 5(d)

58 U.K. An offence under section 29 of the Crime and Disorder Act 1998 (c. 37) (racially or religiously aggravated assaults).

59 U.K. An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986 (c. 64)).

60 U.K. An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

[F12 60ZA U.K. An offence under section 53 or 54 of the Regulation of Investigatory Powers Act 2000 (contravention of notice relating to encrypted information or tipping off in connection with such a notice).]

Textual Amendments

F12 Sch. 5 para. 60ZA inserted "after paragraph 60" (25.1.2010) by virtue of Policing and Crime Act 2009, ss. 112(1), 116(1), {Sch. 7 para. 25(2)}; S.I. 2009/3096, art. 3(x)

[F13 60A U.K. An offence under section 85(3) or (4) of the Postal Services Act 2000 (c. 26) (prohibition on sending certain articles by post).]

Textual Amendments

F13 Sch. 5 para. 60A inserted (19.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 3(9)

61 U.K. An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

[F14 61A U.K. An offence under section 127(1) of the Communications Act 2003 (c. 21) (improper use of public electronic communications network).]

Textual Amendments

F14 Sch. 5 para. 61A inserted (19.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 3(10)

62 U.K. An offence under section 47 of this Act, where the victim or (as the case may be) other party was 16 or over.

[F15 63 U.K. An offence under any of sections 51 to 53 or 57 to [F16 59] [F16 59A] of this Act.]

Textual Amendments

F15 Words in Sch. 5 para. 63 substituted (19.2.2007) by virtue of The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 3(11)

F16 Word in Sch. 5 para. 63 substituted (E.W.) (6.4.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 140(4) (with s. 97); S.I. 2013/470, art. 2(d) (with arts. 3(b), 5-8)

[F17 63A U.K. An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing [F18 the death of a child or vulnerable adult] [F18 a child or vulnerable adult to die or suffer serious physical harm]).]

Textual Amendments

F17 Sch. 5 para. 63A inserted (21.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60, Sch. 10 para. 59(2); S.I. 2005/579, art. 2(b)(c)

F18 Words in Sch. 5 para. 63A substituted (E.W.) (2.7.2012) by Domestic Violence, Crime and Victims (Amendment) Act 2012 (c. 4), s. 4(2), Sch. para. 5; S.I. 2012/1432, art. 2

[F19 63B U.K. An offence under section 2 of the Modern Slavery Act 2015 (human trafficking).]

Textual Amendments

F19 Sch. 5 para. 63B inserted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 5(3); S.I. 2015/1476, reg. 2(j)

[F20 63C U.K. An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).]

Textual Amendments

F20 Sch. 5 para. 63C inserted (7.6.2022) by Domestic Abuse Act 2021 (c. 17), s. 90(6), Sch. 2 para. 6; S.I. 2022/553, regs. 1(2), 3(b)

Scotland U.K.

64 U.K. Murder.

65 U.K. Culpable homicide.

66 U.K. Assault.

67 U.K. Assault and robbery.

68 U.K. Abduction.

69 U.K. Plagium.

70 U.K. Wrongful imprisonment.

71 U.K. Threatening personal violence.

72 U.K. Breach of the peace inferring personal violence.

73 U.K. Wilful fireraising.

74 U.K. Culpable and reckless fireraising.

75 U.K. Mobbing and rioting.

76 U.K. An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property).

77 U.K. An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosives with intent to endanger life or property).

78 U.K. An offence under section 12 of the Children and Young Persons (Scotland) Act 1937 (c. 37) (cruelty to persons under 16).

79 U.K. An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life).

80 U.K. An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence).

81 U.K. An offence under section 17(1) of that Act (use of firearm to resist arrest).

82 U.K. An offence under section 17(2) of that Act (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act).

83 U.K. An offence under section 18 of that Act (carrying a firearm with criminal intent).

84 U.K. An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).

85 U.K. An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).

86 U.K. An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).

87 U.K. An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).

88 U.K. An offence under section 4 of that Act (offences in relation to certain dangerous articles).

89 U.K. An offence under section 105 of the Mental Health (Scotland) Act 1984 (c. 36) (ill-treatment of patients).

90 U.K. An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).

91 U.K. An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).

92 U.K. An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving).

93 U.K. An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).

94 U.K. An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).

95 U.K. An offence under section 9 of that Act (hijacking of ships).

96 U.K. An offence under section 10 of that Act (seizing or exercising control of fixed platforms).

97 U.K. An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).

98 U.K. An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).

99 U.K. An offence under section 13 of that Act (offences involving threats).

100 U.K. An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

101 U.K. An offence under section 7 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (procuring).

102 U.K. An offence under section 9 of that Act (permitting girl to use premises for intercourse).

103 U.K. An offence under section 11 of that Act (trading in prostitution and brothel-keeping).

104 U.K. An offence under section 12 of that Act (allowing child to be in brothel).

105 U.K. An offence under section 13(9) of that Act (living on earnings of male prostitution etc.).

106 U.K. An offence under section 50A of that Act (racially-aggravated harassment).

[F21 106A U.K. An offence under section 53 or 54 of the Regulation of Investigatory Powers Act 2000 (contravention of notice relating to encrypted information or tipping off in connection with such a notice).]

Textual Amendments

F21 Sch. 5 para. 106A inserted (25.1.2010) by Policing and Crime Act 2009, ss. 112(1), 116(1), {Sch. 7 para. 25(3)}; S.I. 2009/3096, art. 3(x)

107 U.K. An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

108 U.K. An offence under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity, war crimes and related offences as specified in Schedule 1 to that Act).

109 U.K. An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (asp 7) (traffic in prostitution etc.).

110 U.K. An offence to which section 74 of that Act applies (offences aggravated by religious prejudice).

111 U.K. An offence under section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (ill-treatment and wilful neglect of mentally disordered person).

Northern Ireland U.K.

112 U.K. Murder.

113 U.K. Manslaughter.

114 U.K. Kidnapping.

115 U.K. Riot.

116 U.K. Affray.

117 U.K. False imprisonment.

[F22 117A U.K. Outraging public decency.]

Textual Amendments

F22 Sch. 5 para. 117A inserted (19.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 3(12)

118 U.K. An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).

119 U.K. An offence under section 16 of that Act (threats to kill).

120 U.K. An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).

121 U.K. An offence under section 20 of that Act (malicious wounding).

122 U.K. An offence under section 21 of that Act (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence).

123 U.K. An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence).

124 U.K. An offence under section 23 of that Act (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm).

125 U.K. An offence under section 27 of that Act (abandoning children).

126 U.K. An offence under section 28 of that Act (causing bodily injury by explosives).

127 U.K. An offence under section 29 of that Act (using explosives etc. with intent to do grievous bodily harm).

128 U.K. An offence under section 30 of that Act (placing explosives with intent to do bodily injury).

129 U.K. An offence under section 31 of that Act (setting spring guns etc. with intent to do grievous bodily harm).

130 U.K. An offence under section 32 of that Act (endangering the safety of railway passengers).

131 U.K. An offence under section 35 of that Act (injuring persons by furious driving).

132 U.K. An offence under section 37 of that Act (assaulting officer preserving wreck).

133 U.K. An offence under section 47 of that Act of assault occasioning actual bodily harm.

134 U.K. An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property).

135 U.K. An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).

136 U.K. An offence under section 25 of the Criminal Justice (Northern Ireland) Act 1945 (c. 15) (child destruction).

137 U.K. An offence under section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5) (infanticide).

138 U.K. An offence under section 7(1)(b) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28) (assault with intent to resist arrest).

[F23 138A U.K. An offence under section 9(1)(a) of that Act (riotous, disorderly and indecent behaviour, etc).]

Textual Amendments

F23 Sch. 5 para. 138A inserted (19.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 3(13)

139 U.K. An offence under section 20 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34) (cruelty to children).

[F24 139A U.K. An offence under section 1 of the Theft Act (Northern Ireland) 1969 (c.16) (basic definition of theft).]

Textual Amendments

F24 Sch. 5 para. 139A inserted (19.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 3(14)

140 U.K. An offence under section 8 of [F25 that Act] (robbery or assault with intent to rob).

Textual Amendments

F25 Words in Sch. 5 para. 140 substituted (19.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 3(15)

[F26 141 U.K. An offence under section 9(1)(a) of that Act (burglary with intent to steal, inflict grievous bodily harm or do unlawful damage).]

Textual Amendments

F26 Words in Sch. 5 para. 141 substituted (19.2.2007) by virtue of The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 3(16)

142 U.K. An offence under section 10 of that Act (aggravated burglary).

143 U.K. An offence of arson under Article 3 of the Criminal Damage Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)).

144 U.K. An offence under Article 3(2) of that Order (destroying or damaging property) other than an offence of arson.

145 U.K. An offence under [F27 Article 58(1)] of the Firearms (Northern Ireland) Order [F28 2004 (S.I. 2004/ (N.I. ))] (possession of firearm with intent to endanger life).

Textual Amendments

F27 Words in Sch. 5 para. 145 substituted (N.I.) (1.2.2005) by The Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I.3)), arts. 1, 82(1), Sch. 7 para. 27 (with art. 81); S.R. 2005/4, art. 3 (with transitional provisions in arts. 4-7)

F28 Words in Sch. 5 para. 145 substituted (N.I.) (1.2.2005) by The Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I.3)), arts. 1, 82(1), Sch. 7 para. 27 (with art. 81); S.R. 2005/4, art. 3 (with transitional provisions in arts. 4-7)

146 U.K. An offence under [F29 Article 58(2)] of that Order (possession of firearm with intent to cause fear of violence).

Textual Amendments

F29 Words in Sch. 5 para. 146 substituted (N.I.) (1.2.2005) by The Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I.3)), arts. 1, 82(1), Sch. 7 para. 28 (with art. 81); S.R. 2005/4, art. 3 (with transitional provisions in arts. 4-7)

147 U.K. An offence under [F30 Article 59(1)] of that Order (use of firearm to resist arrest).

Textual Amendments

F30 Words in Sch. 5 para. 147 substituted (N.I.) (1.2.2005) by The Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I.3)), arts. 1, 82(1), Sch. 7 para. 29 (with art. 81); S.R. 2005/4, art. 3 (with transitional provisions in arts. 4-7)

148 U.K. An offence under [F31 Article 59(2)] of that Order (possession of firearm at time of committing or being arrested for an offence specified in [F32 Schedule 4] to that Order).

Textual Amendments

F31 Words in Sch. 5 para. 148 substituted (N.I.) (1.2.2005) by The Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I.3)), arts. 1, 82(1), Sch. 7 para. 30 (with art. 81); S.R. 2005/4, art. 3 (with transitional provisions in arts. 4-7)

F32 Words in Sch. 5 para. 148 substituted (N.I.) (1.2.2005) by The Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I.3)), arts. 1, 82(1), Sch. 7 para. 30 (with art. 81); S.R. 2005/4, art. 3 (with transitional provisions in arts. 4-7)

149 U.K. An offence under [F33 Article 60] of that Order (carrying a firearm with criminal intent).

Textual Amendments

F33 Words in Sch. 5 para. 149 substituted (N.I.) (1.2.2005) by The Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I.3)), arts. 1, 82(1), Sch. 7 para. 31 (with art. 81); S.R. 2005/4, art. 3 (with transitional provisions in arts. 4-7)

150 U.K. An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).

151 U.K. An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).

152 U.K. An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).

153 U.K. An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).

154 U.K. An offence under section 4 of that Act (offences in relation to certain dangerous articles).

[F34 154A U.K. An offence under Article 3 of the Child Abduction (Northern Ireland) Order 1985 (S.I. 1638 (N.I. 17)) (offence of abduction of child by parent).

Textual Amendments

F34 Sch. 5 paras. 154A, 154B inserted (19.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 3(17)

154B U.K. An offence under Article 4 of that Order (offence of abduction of child by other person).]

Textual Amendments

F34 Sch. 5 paras. 154A, 154B inserted (19.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 3(17)

155 U.K. An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).

156 U.K. An offence under Article 121 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4) (ill-treatment of patients).

157 U.K. An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).

158 U.K. An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).

159 U.K. An offence under section 9 of that Act (hijacking of ships).

160 U.K. An offence under section 10 of that Act (seizing or exercising control of fixed platforms).

161 U.K. An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).

162 U.K. An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).

163 U.K. An offence under section 13 of that Act (offences involving threats).

[F35 163A N.I. An offence under Article 68 of the Children (Northern Ireland) Order 1995 (abduction of children in care, etc.).]

Textual Amendments

F35 Sch. 5 para. 163A inserted (N.I.) (28.4.2022) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), ss. 25(1), 30(1)(a) (with s. 25(2))

164 U.K. An offence under Article 9 of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by dangerous driving).

165 U.K. An offence under Article 14 of that Order (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs).

[F36 165A U.K. An offence under Article 4 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180) (N.I. 9)) (offence of harassment).]

Textual Amendments

F36 Sch. 5 para. 165A inserted (19.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 3(18)

166 U.K. An offence under Article 6 of [F37 that Order] (putting people in fear of violence).

Textual Amendments

F37 Words in Sch. 5 para. 166 substituted (19.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 3(19)

167 U.K. An offence under section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assaulting or obstructing a constable etc.).

168 U.K. An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

[F38 168ZA U.K. An offence under section 53 or 54 of the Regulation of Investigatory Powers Act 2000 (contravention of notice relating to encrypted information or tipping off in connection with such a notice).]

Textual Amendments

F38 Sch. 5 para. 168ZA inserted (25.1.2010) by Policing and Crime Act 2009, ss. 112(1), 116(1), Sch. 7 para. 25(4); S.I. 2009/3096, art. 3(x)

[F39 168A U.K. An offence under section 85(3) or (4) of the Postal Services Act 2000 (c. 26) (prohibition on sending certain articles by post).]

Textual Amendments

F39 Sch. 5 para. 168A inserted (18.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 3(20)

169 U.K. An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

[F40 169A U.K. An offence under section 127(1) of the Communications Act 2003 (c. 21) (improper use of public electronic communications network).]

Textual Amendments

F40 Sch. 5 para. 169A inserted (18.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 3(21)

170 U.K. An offence under section 47 of this Act, where the victim or (as the case may be) other party was 17 or over.

F41 171 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41 Sch. 5 para. 171 repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 5

[F42 171A U.K. An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing [F43 a child or vulnerable adult to die or suffer serious physical harm]).]

Textual Amendments

F42 Sch. 5 para. 171A inserted (21.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60, Sch. 10 para. 59(3); S.I. 2005/579, art. 2(b)(c)

F43 Words in Sch. 5 para. 171A substituted (N.I.) (14.3.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 6 para. 2 (with Sch. 8 para. 11); S.R. 2016/136, art. 2(b)

[F44 171B U.K. An offence under Article 62 (causing or inciting prostitution for gain) or 63 (controlling prostitution for gain) of the Sexual Offences (Northern Ireland) Order 2008.]

Textual Amendments

F44 Sch. 5 para. 171B inserted (2.2.2009) by The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 14(b); S.R. 2008/510, art. 2

[F45 171C N.I. An offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.]

Textual Amendments

F45 Sch. 5 para. 171C inserted (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 4 para. 5

[F46 171C U.K. An offence under paragraph 1 of Schedule 4 to the Space Industry Act 2018 (hijacking of spacecraft).

Textual Amendments

F46 Sch. 5 paras. 171C-171G inserted (29.7.2021) by virtue of Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 23; S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)

171D U.K. An offence under paragraph 2 of that Schedule (destroying, damaging or endangering the safety of spacecraft).

Textual Amendments

F46 Sch. 5 paras. 171C-171G inserted (29.7.2021) by virtue of Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 23; S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)

171E U.K. An offence under paragraph 3 of that Schedule (other acts endangering or likely to endanger safety of spacecraft).

Textual Amendments

F46 Sch. 5 paras. 171C-171G inserted (29.7.2021) by virtue of Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 23; S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)

171F U.K. An offence under paragraph 4 of that Schedule (endangering safety at spaceports).

Textual Amendments

F46 Sch. 5 paras. 171C-171G inserted (29.7.2021) by virtue of Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 23; S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)

171G U.K. An offence under paragraph 5 of that Schedule (offences in relation to certain dangerous articles).]

Textual Amendments

F46 Sch. 5 paras. 171C-171G inserted (29.7.2021) by virtue of Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 23; S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)

[F47 171H U.K. An offence under section 28 of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (non-fatal strangulation or asphyxiation).]

Textual Amendments

F47 Sch. 5 para. 171H inserted (N.I.) (26.6.2023) by Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), s. 30(2), Sch. 4 para. 2; S.R. 2023/87, art. 2(b)

Service offences U.K.

172 U.K. An offence under—

(a) section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),

(b) section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), or

(c) section 42 of the Naval Discipline Act 1957 (c. 53),

of which the corresponding civil offence (within the meaning of that Act) is an offence under a provision listed in any of paragraphs 1 to [F48 63A] .

Textual Amendments

F48 Word in Sch. 5 para. 172 substituted (21.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60, Sch. 10 para. 59(4); S.I. 2005/579, art. 2(b)(c)

[F49 172A (1) An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence listed in any of paragraphs 1 to 63A. U.K.

(2) Section 48 of that Act (attempts, conspiracy, [F50 encouragement and assistance] and aiding and abetting outside England and Wales) applies for the purposes of this paragraph as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to this paragraph.]

Textual Amendments

F49 Sch. 5 para. 172A inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 213; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F50 Words in Sch. 5 para. 172A(2) substituted (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 60, 94, Sch. 5 para. 4(3) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

General U.K.

173 U.K. A reference in a preceding paragraph to an offence includes—

(a) a reference to an attempt, conspiracy or incitement to commit that offence, and

(b) a reference to aiding, abetting, counselling or procuring the commission of that offence.

[F51 173A U.K. A reference in a preceding paragraph to an offence (“offence A”) includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed.]

Textual Amendments

F51 Sch. 5 para. 173A inserted (E.W.N.I.) (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(2), 94, Sch. 6 para. 63(3) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

174 U.K. A reference in a preceding paragraph to a person’s age is a reference to his age at the time of the offence.