The Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004

SCHEDULE 3 U.K. OFFENCES UNDER THE COMMON LAW OF SCOTLAND AND STATUTORY OFFENCES THAT APPLY ONLY IN SCOTLAND

1.  Offences under the Common Law of Scotland. U.K.

• Abduction.

• Abduction of women or girls with intent to rape.

• Aiding and abetting an offence under the Common Law of Scotland (provided that the offence in question is described in this paragraph of this Schedule).

• Assault with intent to rape or ravish.

• Assault and robbery.

• Attempted murder.

• Breach of the peace inferring personal violence.

• Clandestine injury to women.

• Conspiracy (in respect of an offence described in Schedule 1 to this Order or this Schedule).

• Culpable homicide.

• Culpable and reckless fire-raising.

• Indecent assault.

• Malicious mischief.

• Mobbing and rioting.

• Rape.

• Robbery.

• Theft by housebreaking.

• Threatening personal violence.

• Wilful fire-raising.

• Wrongful imprisonment.

Commencement Information

I1 Sch. 3 para. 1n1 in force at 12.8.2004, see art. 1

2.  Statutory offences that apply only in Scotland. U.K.

Commencement Information

I2 Sch. 3 para. 2 in force at 12.8.2004, see art. 1

Offences under the Children and Young Persons (Scotland) Act 1937(1) U.K.

• Section 12 (ill-treating, neglecting, abandoning or exposing a child under 16, or causing such, where the offender is 16 and has parental responsibility for the victim or has charge or care of him).

Offences under the Civic Government (Scotland) Act 1982(2) U.K.

• Section 52 (taking and distributing indecent images of children)(3).

• Section 52A (possessing indecent images of children)(4).

Offences under the Prohibition of Female Circumcision Act 1985(5) U.K.

• Section 1(1)(a) (excising, infibulating or otherwise mutilating the labia or clitoris of another).

Offences under the Criminal Law (Consolidation) (Scotland) Act 1995(6) U.K.

• Section 3(1) (having sexual intercourse with a member of the same household who is 16 or under where the offender is in a position of trust).

• Section 5(1) (having sexual intercourse with a girl under 13).

• Section 6 (engaging in lewd, indecent or libidinous behaviour towards a girl between 12 and 16, where that behaviour would have constituted a common law offence had that girl been under 12)(7).

• Section 50A(1)(a) (pursuing a racially aggravated course of conduct amounting to harassment that is intended to harass or which occurs in circumstances where it would appear to a reasonable person to constitute harassment)(8).

• Section 50A(1)(b) (acting in a racially aggravated manner which causes, or is intended to cause, alarm or distress).

• Section 52(1) (wilfully or recklessly destroying or damaging property).

Offences under the Criminal Procedure (Scotland) Act 1995(9) U.K.

• Section 293(2) (aiding, abetting, counselling, procuring or inciting the commission of an offence against the provisions of any enactment, provided that the offence in question is described in Schedule 1 to this Order or in this paragraph of this Schedule).

• Section 294 (attempting to commit an indictable offence, provided that the offence in question is described in Schedule 1 to this Order or this Schedule).

Offences under the Sexual Offences (Amendment) Act 2000(10) U.K.

• Section 3 (having sexual intercourse, or engaging in other sexual activity with, a person under 18, where the offender is 18 or over and is in a position of trust).

Offences under the International Criminal Court (Scotland) Act 2001(11) U.K.

• Section 1 (committing genocide, a crime against humanity or a war crime).

Offences under the Criminal Justice (Scotland) Act 2003(12) U.K.

• Section 22(1)(a)(i) (arranging or facilitating the arrival or travel in the United Kingdom of a person and intending to exercise control over prostitution of the victim or involving the victim in the production of obscene or indecent material).

• Section 22(1)(a)(ii) (arranging or facilitating the arrival or travel in the United Kingdom of a person and believing that another will exercise control over prostitution of the victim or involving the victim in the production of obscene or indecent material).

• Section 22(1)(b)(i) (arranging or facilitating the departure from the United Kingdom of a person and intending to exercise control over prostitution of the victim or involving the victim in the production of obscene or indecent material).

• Section 22(1)(b)(ii) (arranging or facilitating the departure from the United Kingdom of a person and believing that another will exercise control over prostitution of the victim or involving the victim in the production of obscene or indecent material).

(1)

1937 c. 37.

(2)

1982 c. 45.

(3)

Section 52 was amended by section 84(6) of the Criminal Justice and Public Order Act 1994 (c. 33), paragraph 44(3) of Schedule 4 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40) and section 19 of the Criminal Justice (Scotland) Act 2003 (asp 7).

(4)

Section 52A was inserted by section 161(c) of the Criminal Justice Act 1988 (c. 33) and amended by section 84(7) of the Criminal Justice and Public Order Act 1994 (c. 33) and section 19 of the Criminal Justice (Scotland) Act 2003.

(5)

1985 c. 38.

(6)

1995 c. 39.

(7)

Section 6 was substituted by section 14(2) of the Crime and Punishment (Scotland) Act 1997 (c. 48).

(8)

Section 50A was inserted by section 33 of the Crime and Disorder Act 1998 (c. 37).

(9)

1995 c. 46.

(10)

2000 c. 44.

(11)

2001 asp 13.

(12)

2003 asp 7.