2004 No. 3346

CRIMINAL LAW, ENGLAND AND WALES

The Criminal Justice Act 2003 (Categories of Offences) Order 2004

Made

Coming into force

The Secretary of State, in exercise of the powers conferred upon him by section 103(4)(b) of the Criminal Justice Act 20031 hereby makes the following Order, a draft of which has been laid before and approved by a resolution of each House of Parliament:

I11

1

This Order may be cited as the Criminal Justice Act 2003 (Categories of Offences) Order 2004 and shall come into force 14 days after the day on which it is made or on the day that sections 98 to 110 of the 2003 Act (Evidence of Bad Character) come into force, whichever is later.

2

In this Order “the 2003 Act” means the Criminal Justice Act 2003.

Annotations:
Commencement Information
I1

Art. 1 in force at 29.12.2004, see art. 1(1)

I22

1

The categories of offences set out in Parts 1 and 2 of the Schedule to this Order are hereby prescribed for the purposes of section 103(4)(b) of the 2003 Act.

2

Two offences are of the same category as each other if they are included in the same Part of the Schedule.

Annotations:
Commencement Information
I2

Art. 2 in force at 29.12.2004, see art. 1(1)

Scotland of Asthal Q.C.Minister of StateHome Office

SCHEDULEPrescribed Categories of Offences

Article 2

PART 1THEFT CATEGORY

I31

An offence under section 1 of the Theft Act 19682 (theft).

Annotations:
Commencement Information
I3

Sch. Pt. 1 para. 1 in force at 29.12.2004, see art. 1(1)

I42

An offence under section 8 of that Act (robbery).

Annotations:
Commencement Information
I4

Sch. Pt. 1 para. 2 in force at 29.12.2004, see art. 1(1)

I53

An offence under section 9(1)(a) of that Act3 (burglary) if it was committed with intent to commit an offence of stealing anything in the building or part of a building in question.

Annotations:
Commencement Information
I5

Sch. Pt. 1 para. 3 in force at 29.12.2004, see art. 1(1)

I64

An offence under section 9(1)(b) of that Act (burglary) if the offender stole or attempted to steal anything in the building or that part of it.

Annotations:
Commencement Information
I6

Sch. Pt. 1 para. 4 in force at 29.12.2004, see art. 1(1)

I75

An offence under section 10 of that Act (aggravated burglary) if the offender committed a burglary described in paragraph 3 or 4 of this Part of the Schedule.

Annotations:
Commencement Information
I7

Sch. Pt. 1 para. 5 in force at 29.12.2004, see art. 1(1)

I86

An offence under section 12 of that Act4 (taking motor vehicle or other conveyance without authority).

Annotations:
Commencement Information
I8

Sch. Pt. 1 para. 6 in force at 29.12.2004, see art. 1(1)

I97

An offence under section 12A of that Act5 (aggravated vehicle-taking).

Annotations:
Commencement Information
I9

Sch. Pt. 1 para. 7 in force at 29.12.2004, see art. 1(1)

I108

An offence under section 22 of that Act (handling stolen goods).

Annotations:
Commencement Information
I10

Sch. Pt. 1 para. 8 in force at 29.12.2004, see art. 1(1)

I119

An offence under section 25 of that Act (going equipped for stealing).

Annotations:
Commencement Information
I11

Sch. Pt. 1 para. 9 in force at 29.12.2004, see art. 1(1)

I1210

An offence under section 3 of the Theft Act 19786 (making off without payment).

Annotations:
Commencement Information
I12

Sch. Pt. 1 para. 10 in force at 29.12.2004, see art. 1(1)

I1311

An offence of–

a

aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this Part of this Schedule; or

b

attempting to commit an offence so specified.

Annotations:
Commencement Information
I13

Sch. Pt. 1 para. 11 in force at 29.12.2004, see art. 1(1)

PART 2SEXUAL OFFENCES (PERSONS UNDER THE AGE OF 16) CATEGORY

I141

An offence under section 1 of the Sexual Offences Act 19567 (rape) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I14

Sch. Pt. 2 para. 1 in force at 29.12.2004, see art. 1(1)

I152

An offence under section 5 of the Sexual Offences Act 19568(intercourse with a girl under thirteen).

Annotations:
Commencement Information
I15

Sch. Pt. 2 para. 2 in force at 29.12.2004, see art. 1(1)

I163

An offence under section 6 of that Act9 (intercourse with a girl under sixteen).

Annotations:
Commencement Information
I16

Sch. Pt. 2 para. 3 in force at 29.12.2004, see art. 1(1)

I174

An offence under section 7 of that Act10 (intercourse with a defective) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I17

Sch. Pt. 2 para. 4 in force at 29.12.2004, see art. 1(1)

I185

An offence under section 10 of that Act (incest by a man) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I18

Sch. Pt. 2 para. 5 in force at 29.12.2004, see art. 1(1)

I196

An offence under section 11 of that Act (incest by a woman) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I19

Sch. Pt. 2 para. 6 in force at 29.12.2004, see art. 1(1)

I207

An offence under section 12 of that Act11 (buggery) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I20

Sch. Pt. 2 para. 7 in force at 29.12.2004, see art. 1(1)

I218

An offence under section 13 of that Act12 (indecency between men) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I21

Sch. Pt. 2 para. 8 in force at 29.12.2004, see art. 1(1)

I229

An offence under section 14 of that Act (indecent assault on a woman) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I22

Sch. Pt. 2 para. 9 in force at 29.12.2004, see art. 1(1)

I2310

An offence under section 15 of that Act (indecent assault on a man) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I23

Sch. Pt. 2 para. 10 in force at 29.12.2004, see art. 1(1)

I2411

An offence under section 128 of the Mental Health Act 195913 (sexual intercourse with patients) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I24

Sch. Pt. 2 para. 11 in force at 29.12.2004, see art. 1(1)

I2512

An offence under section 1 of the Indecency with Children Act 196014 (indecent conduct towards young child).

Annotations:
Commencement Information
I25

Sch. para. 12 in force at 29.12.2004, see art. 1(1)

I2613

An offence under section 54 of the Criminal Law Act 197715 (inciting a girl under 16 to have incestuous sexual intercourse).

Annotations:
Commencement Information
I26

Sch. para. 13 in force at 29.12.2004, see art. 1(1)

I2714

An offence under section 3 of the Sexual Offences (Amendment) Act 200016 (abuse of a position of trust) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I27

Sch. para. 14 in force at 29.12.2004, see art. 1(1)

I2815

An offence under section 1 of the Sexual Offences Act 200317 (rape) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I28

Sch. para. 15 in force at 29.12.2004, see art. 1(1)

I2916

An offence under section 2 of that Act (assault by penetration) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I29

Sch. para. 16 in force at 29.12.2004, see art. 1(1)

I3017

An offence under section 3 of that Act (sexual assault) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I30

Sch. para. 17 in force at 29.12.2004, see art. 1(1)

I3118

An offence under section 4 of that Act (causing a person to engage in sexual activity without consent) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I31

Sch. para. 18 in force at 29.12.2004, see art. 1(1)

I3219

An offence under section 5 of the Sexual Offences Act 2003 (rape of a child under 13).

Annotations:
Commencement Information
I32

Sch. para. 19 in force at 29.12.2004, see art. 1(1)

I3320

An offence under section 6 of that Act (assault of a child under 13 by penetration).

Annotations:
Commencement Information
I33

Sch. para. 20 in force at 29.12.2004, see art. 1(1)

I3421

An offence under section 7 of that Act (sexual assault of a child under 13).

Annotations:
Commencement Information
I34

Sch. para. 21 in force at 29.12.2004, see art. 1(1)

I3522

An offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexual activity).

Annotations:
Commencement Information
I35

Sch. para. 22 in force at 29.12.2004, see art. 1(1)

I3623

An offence under section 9 of that Act (sexual activity with a child).

Annotations:
Commencement Information
I36

Sch. para. 23 in force at 29.12.2004, see art. 1(1)

I3724

An offence under section 10 of that Act (causing or inciting a child to engage in sexual activity).

Annotations:
Commencement Information
I37

Sch. para. 24 in force at 29.12.2004, see art. 1(1)

I3825

An offence under section 14 of that Act if doing it will involve the commission of an offence under sections 9 and 10 of that Act (arranging or facilitating the commission of a child sex offence).

Annotations:
Commencement Information
I38

Sch. para. 25 in force at 29.12.2004, see art. 1(1)

I3926

An offence under section 16 of that Act (abuse of position of trust: sexual activity with a child) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I39

Sch. para. 26 in force at 29.12.2004, see art. 1(1)

I4027

An offence under section 17 of that Act (abuse of position of trust: causing or inciting a child to engage in sexual activity) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I40

Sch. para. 27 in force at 29.12.2004, see art. 1(1)

I4128

An offence under section 25 of that Act (sexual activity with a child family member) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I41

Sch. para. 28 in force at 29.12.2004, see art. 1(1)

I4229

An offence under section 26 of that Act (inciting a child family member to engage in sexual activity) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I42

Sch. para. 29 in force at 29.12.2004, see art. 1(1)

I4330

An offence under section 30 of that Act (sexual activity with a person with a mental disorder impeding choice) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I43

Sch. para. 30 in force at 29.12.2004, see art. 1(1)

I4431

An offence under section 31 of that Act (causing or inciting a person with a mental disorder impeding choice to engage in sexual activity) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I44

Sch. para. 31 in force at 29.12.2004, see art. 1(1)

I4532

An offence under section 34 of that Act (inducement, threat, or deception to procure activity with a person with a mental disorder) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I45

Sch. para. 32 in force at 29.12.2004, see art. 1(1)

I4633

An offence under section 35 of that Act (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I46

Sch. para. 33 in force at 29.12.2004, see art. 1(1)

I4734

An offence under section 38 of that Act (care workers: sexual activity with a person with a mental disorder) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I47

Sch. para. 34 in force at 29.12.2004, see art. 1(1)

I4835

An offence under section 39 of that Act (care workers: causing or inciting sexual activity) if it was committed in relation to a person under the age of 16.

Annotations:
Commencement Information
I48

Sch. para. 35 in force at 29.12.2004, see art. 1(1)

I4936

An offence of–

a

aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this Part of this Schedule; or

b

attempting to commit an offence so specified.

Annotations:
Commencement Information
I49

Sch. para. 36 in force at 29.12.2004, see art. 1(1)

(This note is not part of the Order)

Section 103(2)(b) of the Criminal Justice Act 2003 provides that a defendant’s propensity to commit offences of the kind with which he is charged may (without prejudice to any other way of doing so) be established by evidence that he has been convicted of an offence of the same category as the one with which he is charged. Section 103(4)(b) provides that two offences are of the same category as each other if they belong to the same category of offences prescribed for the purposes of that section by an order made by the Secretary of State.

The categories prescribed by this Order are theft and sexual offences (persons under the age of 16). Each category consists of offences of the same type.