SCHEDULE 5Qualifying offences for purposes of Part 10
Part 1List of offences for England and Wales
Offences Against the Person
Murder
1
Murder.
Attempted murder
2
An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit murder.
Soliciting murder
3
An offence under section 4 of the Offences against the Person Act 1861 (c. 100).
Manslaughter
4
Manslaughter.
F1Corporate manslaughter
4A
An offence under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007.
Kidnapping
5
Kidnapping.
Sexual Offences
Rape
6
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
7
An offence under section 1 of the Criminal Attempts Act 1981 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
8
An offence under section 5 of the Sexual Offences Act 1956.
Incest by a man with a girl under thirteen
9
An offence under section 10 of the Sexual Offences Act 1956 alleged to have been committed with a girl under thirteen.
Assault by penetration
10
An offence under section 2 of the Sexual Offences Act 2003 (c. 42).
Causing a person to engage in sexual activity without consent
11
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
12
An offence under section 5 of the Sexual Offences Act 2003.
Attempted rape of a child under thirteen
13
An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an offence under section 5 of the Sexual Offences Act 2003.
Assault of a child under thirteen by penetration
14
An offence under section 6 of the Sexual Offences Act 2003.
Causing a child under thirteen to engage in sexual activity
15
An offence under section 8 of the Sexual Offences Act 2003 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
16
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 a person with a mental disorder impeding choice to engage in sexual activity
17
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
Unlawful importation of Class A drug
18
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
19
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
20
An offence under section 170(1) or (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)).
Producing or being concerned in production of Class A drug
21
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).
Criminal Damage Offences
Arson endangering life
22
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
23
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
24
An offence under section 3(1)(a) of the Explosive Substances Act 1883.
War Crimes and Terrorism
Genocide, crimes against humanity and war crimes
25
An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).
Grave breaches of the Geneva Conventions
26
An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).
Directing terrorist organisation
27
An offence under section 56 of the Terrorism Act 2000 (c. 11).
Hostage-taking
28
An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).
Conspiracy
Conspiracy
29
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 2List of offences for Northern Ireland
Offences Against the Person
Murder
30
Murder.
Attempted murder
31
An offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit murder.
Soliciting murder
32
An offence under section 4 of the Offences against the Person Act 1861 (c. 100).
Manslaughter
33
Manslaughter.
F2Corporate manslaughter
33A
An offence under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007.
Kidnapping
34
Kidnapping.
Sexual Offences
Rape
35
Rape.
F335A
An offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008.
Attempted rape
36
An offence under section 2 of the Attempted Rape, etc., Act (Northern Ireland) 1960.
F436A
An offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit an offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008.
Intercourse with a girl under fourteen
37
An offence under section 4 of the Criminal Law Amendment Act 1885 (c. 69) of unlawfully and carnally knowing a girl under fourteen.
Incest by a man with a girl under fourteen
38
An offence under section 1(1) of the Punishment of Incest Act 1908 (c. 45) alleged to have been committed with a girl under fourteen.
F5Assault by penetration
38A
An offence under Article 6 of the Sexual Offences (Northern Ireland) Order 2008.
Causing a person to engage in sexual activity without consent
38B
An offence under Article 8 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that the activity caused involved penetration within paragraph (4)(a) to (d) of that Article.
Rape of a child under thirteen
38C
An offence under Article 12 of the Sexual Offences (Northern Ireland) Order 2008.
Attempted rape of a child under thirteen
38D
An offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit an offence under Article 12 of the Sexual Offences (Northern Ireland) Order 2008.
Assault of child under thirteen by penetration
38E
An offence under Article 13 of the Sexual Offences (Northern Ireland) Order 2008.
Causing a child under thirteen to engage in sexual activity by penetration
38F
An offence under Article 15 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that an activity involving penetration within paragraph (2)(a) to (d) of that Article was caused.
Sexual activity with a person with a mental disorder impeding choice
38G
An offence under Article 43 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that the touching involved penetration within paragraph (3)(a) to (d) of that Article.
Causing a person with a mental disorder impeding choice to engage in sexual activity
38H
An offence under Article 44 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that an activity involving penetration within paragraph (3)(a) to (d) of that Article was caused.
Drugs Offences
Unlawful importation of Class A drug
39
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
40
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
41
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
42
An offence under section 4(2) of the Misuse of Drugs Act 1971 alleged to have been committed in respect of a Class A drug (as defined by section 2 of that Act).
Criminal Damage Offences
Arson endangering life
43
An offence under Article 3(2) of the Criminal Damage (Northern Ireland) Order 1977 alleged to have been committed by destroying or damaging property by fire.
Causing explosion likely to endanger life or property
44
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
45
An offence under section 3(1)(a) of the Explosive Substances Act 1883.
War Crimes and Terrorism
Genocide, crimes against humanity and war crimes
46
An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).
Grave breaches of the Geneva Conventions
47
An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).
Directing terrorist organisation
48
An offence under section 56 of the Terrorism Act 2000 (c. 11).
Hostage-taking
49
An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).
Conspiracy
Conspiracy
50
An offence under Article 9 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of conspiracy to commit an offence listed in this Part of this Schedule.
Part 3Supplementary
51
A reference in this Schedule to an offence includes a reference to an offence of aiding, abetting, counselling or procuring the commission of the offence.
52
A reference in this Schedule to an enactment includes a reference to the enactment as enacted and as amended from time to time.