Criminal Justice Act 2003

Prospective

Section 62

SCHEDULE 4 E+W Qualifying offences for purposes of section 62

Part 1 E+W List of offences

Offences Against the Person E+W

Murder E+W

1 E+W Murder.

Attempted murder E+W

2 E+W An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit murder.

Soliciting murder E+W

3 E+W An offence under section 4 of the Offences against the Person Act 1861 (c. 100).

Manslaughter E+W

4 E+W Manslaughter.

[F1 Corporate manslaughter E+W

Textual Amendments

F1 Sch. 4 para. 4A and cross-heading inserted (6.4.2008) by Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19), ss. 26, 27, Sch. 2 para. 2; S.I. 2008/401, art. 2

4A E+W An offence under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007.]

Textual Amendments

F1 Sch. 4 para. 4A and cross-heading inserted (6.4.2008) by Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19), ss. 26, 27, Sch. 2 para. 2; S.I. 2008/401, art. 2

Wounding or causing grievous bodily harm with intent E+W

5 E+W An offence under section 18 of the Offences against the Person Act 1861 (c. 100).

Kidnapping E+W

6 E+W Kidnapping.

Sexual Offences E+W

Rape E+W

7 E+W An offence under section 1 of the Sexual Offences Act 1956 (c. 69) or section 1 of the Sexual Offences Act 2003 (c. 42).

Attempted rape E+W

8 E+W An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an offence under section 1 of the Sexual Offences Act 1956 or section 1 of the Sexual Offences Act 2003.

Intercourse with a girl under thirteen E+W

9 E+W An offence under section 5 of the Sexual Offences Act 1956.

Incest by a man with a girl under thirteen E+W

10 E+W An offence under section 10 of the Sexual Offences Act 1956 alleged to have been committed with a girl under thirteen.

Assault by penetration E+W

11 E+W An offence under section 2 of the Sexual Offences Act 2003.

Causing a person to engage in sexual activity without consent E+W

12 E+W An offence under section 4 of the Sexual Offences Act 2003 where it is alleged that the activity caused involved penetration within subsection (4)(a) to (d) of that section.

Rape of a child under thirteen E+W

13 E+W An offence under section 5 of the Sexual Offences Act 2003.

Attempted rape of a child under thirteen E+W

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

Assault of a child under thirteen by penetration E+W

15 E+W An offence under section 6 of the Sexual Offences Act 2003.

Causing a child under thirteen to engage in sexual activity E+W

16 E+W An offence under section 8 of the Sexual Offences Act 2003 (c. 42) where it is alleged that an activity involving penetration within subsection (2)(a) to (d) of that section was caused.

Sexual activity with a person with a mental disorder impeding choice E+W

17 E+W An offence under section 30 of the Sexual Offences Act 2003 where it is alleged that the touching involved penetration within subsection (3)(a) to (d) of that section.

Causing or inciting a person with a mental disorder impeding choice to engage in sexual activity E+W

18 E+W An offence under section 31 of the Sexual Offences Act 2003 where it is alleged that an activity involving penetration within subsection (3)(a) to (d) of that section was caused.

Drugs Offences E+W

Unlawful importation of Class A drug E+W

19 E+W An offence under section 50(2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).

Unlawful exportation of Class A drug E+W

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

Fraudulent evasion in respect of Class A drug E+W

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

Producing or being concerned in production of Class A drug E+W

22 E+W An offence under section 4(2) of the Misuse of Drugs Act 1971 alleged to have been committed in relation to a Class A drug (as defined by section 2 of that Act).

Supplying or offering to supply Class A drug E+W

23 E+W An offence under section 4(3) of the Misuse of Drugs Act 1971 alleged to have been committed in relation to a Class A drug (as defined by section 2 of that Act).

Theft Offences E+W

Robbery E+W

24 E+W An offence under section 8(1) of the Theft Act 1968 (c. 60) where it is alleged that, at some time during the commission of the offence, the defendant had in his possession a firearm or imitation firearm (as defined by section 57 of the Firearms Act 1968 (c. 27)).

Criminal Damage Offences E+W

Arson endangering life E+W

25 E+W An offence under section 1(2) of the Criminal Damage Act 1971 (c. 48) alleged to have been committed by destroying or damaging property by fire.

Causing explosion likely to endanger life or property E+W

26 E+W An offence under section 2 of the Explosive Substances Act 1883 (c. 3).

Intent or conspiracy to cause explosion likely to endanger life or property E+W

27 E+W An offence under section 3(1)(a) of the Explosive Substances Act 1883.

War Crimes and Terrorism E+W

Genocide, crimes against humanity and war crimes E+W

28 E+W An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).

Grave breaches of the Geneva Conventions E+W

29 E+W An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).

Directing terrorist organisation E+W

30 E+W An offence under section 56 of the Terrorism Act 2000 (c. 11).

Hostage-taking E+W

31 E+W An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).

Hijacking and Other Offences Relating to Aviation, Maritime and Rail Security E+W

Hijacking of aircraft E+W

32 E+W An offence under section 1 of the Aviation Security Act 1982 (c. 36).

Destroying, damaging or endangering the safety of an aircraft E+W

33 E+W An offence under section 2 of the Aviation Security Act 1982.

[F2 Hijacking of spacecraft E+W

Textual Amendments

F2 Sch. 4 paras. 33A, 33B inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 24; S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)

33A E+W An offence under paragraph 1 of Schedule 4 to the Space Industry Act 2018.

Textual Amendments

F2 Sch. 4 paras. 33A, 33B inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 24; S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)

Destroying, damaging or endangering the safety of spacecraft E+W

33B E+W An offence under paragraph 2 of Schedule 4 to the Space Industry Act 2018.]

Textual Amendments

F2 Sch. 4 paras. 33A, 33B inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 24; S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3)

Hijacking of ships E+W

34 E+W An offence under section 9 of the Aviation and Maritime Security Act 1990 (c. 31).

Seizing or exercising control of fixed platforms E+W

35 E+W An offence under section 10 of the Aviation and Maritime Security Act 1990.

Destroying ships or fixed platforms or endangering their safety E+W

36 E+W An offence under section 11 of the Aviation and Maritime Security Act 1990.

Hijacking of Channel Tunnel trains E+W

37 E+W An offence under article 4 of the Channel Tunnel (Security) Order 1994 (S.I.1994/570).

Seizing or exercising control of the Channel Tunnel system E+W

38 E+W An offence under article 5 of the Channel Tunnel (Security) Order 1994 (S.I.1994/570).

Conspiracy E+W

Conspiracy E+W

39 E+W An offence under section 1 of the Criminal Law Act 1977 (c. 45) of conspiracy to commit an offence listed in this Part of this Schedule.

Part 2 E+W Supplementary

40 E+W A reference in Part 1 of this Schedule to an offence includes a reference to an offence of aiding, abetting, counselling or procuring the commission of the offence.

41 E+W A reference in Part 1 of this Schedule to an enactment includes a reference to the enactment as enacted and as amended from time to time.