Criminal Justice Act 2003

• (1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

• (2) In section 27 (video recorded evidence in chief), subsection (10) is omitted.

• (3) In section 42 (interpretation and application of section 41), in subsection (3)—

• (a) paragraphs (a) and (b) are omitted, and

• (b) in paragraph (c), after “51” there is inserted “ or 51A ”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

74

• (1) The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In section 140 (enforcement of fines etc), in subsection (1)(b)—

• (a) the words “was committed to the Crown Court to be tried or dealt with or by which he” are omitted, and

• (b) after “51” there is inserted “ or 51A ”.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In Schedule 11, paragraph 9 is omitted.

Proceeds of Crime Act 2002 (c. 29)

75

• (1) The Proceeds of Crime Act 2002 is amended as follows.

• (2) In section 6 (making of confiscation order), in subsection (2)(b), for “section 3, 4 or 6” there is substituted “ section 3, 3A, 3B, 3C, 4, 4A or 6 ”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In section 70 (committal by magistrates' court), in subsection (5), after “way)” there is inserted “ or under section 3B(2) of that Act (committal of child or young person) ”.

SCHEDULE 4

Part 1 — List of offences

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.

Wounding or causing grievous bodily harm with intent

5

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

Kidnapping

6

Kidnapping.

Sexual Offences

Rape

7

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

8

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

9

An offence under section 5 of the Sexual Offences Act 1956.

Incest by a man with a girl under thirteen

10

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

Assault by penetration

11

An offence under section 2 of the Sexual Offences Act 2003.

Causing a person to engage in sexual activity without consent

12

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

13

An offence under section 5 of the Sexual Offences Act 2003.

Attempted rape of a child under thirteen

14

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

15

An offence under section 6 of the Sexual Offences Act 2003.

Causing a child under thirteen to engage in sexual activity

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

Robbery

24

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

Arson endangering life

25

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

26

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

27

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

War Crimes and Terrorism

Genocide, crimes against humanity and war crimes

28

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

Grave breaches of the Geneva Conventions

29

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

Directing terrorist organisation

30

An offence under section 56 of the Terrorism Act 2000 (c. 11).

Hostage-taking

31

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

Hijacking of aircraft

32

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

Destroying, damaging or endangering the safety of an aircraft

33

An offence under section 2 of the Aviation Security Act 1982.

Hijacking of ships

34

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

Seizing or exercising control of fixed platforms

35

An offence under section 10 of the Aviation and Maritime Security Act 1990.

Destroying ships or fixed platforms or endangering their safety

36

An offence under section 11 of the Aviation and Maritime Security Act 1990.

Hijacking of Channel Tunnel trains

37

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

38

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

Conspiracy

Conspiracy

39

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 — Supplementary

40

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

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.

SCHEDULE 5

Part 1 — List 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.

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 2 — List 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.

Kidnapping

34

Kidnapping.

Sexual Offences

Rape

35

Rape.

Attempted rape

36

An offence under section 2 of the Attempted Rape, etc., Act (Northern Ireland) 1960.

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.

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 3 — Supplementary

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.

SCHEDULE 6

1

Sections 98 to 106, 109, 110 and 112, in so far as they are not applied in relation to proceedings before service courts by provision contained in or made under any other Act, have effect in relation to such proceedings (whether in the United Kingdom or elsewhere) as they have effect in relation to criminal proceedings.

2

Section 103, as it applies in relation to proceedings before service courts, has effect with the substitution in subsection (4)(a) of “charge sheet” for “written charge or indictment”.

3

• (1) Section 107 has effect in relation to proceedings before the Court Martial(whether in the United Kingdom or elsewhere) with the following modifications.

• (2) In subsection (1)—

• (a) for a judge and jury substitute “ the Court Martial ”;

• (b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”;

• (c) for the words after paragraph (b) substitute “ the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a retrial, discharge the court. ”

• (3) In subsection (2)—

• (a) for “jury” substitute “ court ”;

• (b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”.

• (4) In subsection (3)—

• (a) for paragraph (a) substitute—

(a) a court is required to determine under section 115B(2) of the Army Act 1955, section 167 of the Armed Forces Act 2006 whether a person charged with an offence did the act or made the omission charged,

;

• (b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”;

• (c) for the words after paragraph (c) substitute “the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a rehearing, the dischargecourt.”

• (5) For subsection (4) substitute—

(4) This section does not prejudice any other power a judge advocate may have to direct a court to acquit a person of an offence or to discharge a court.

4

Section 110, as it applies in relation to proceedings before service courts, has effect with the substitution of the following for subsection (1)—

(1) Where the court makes a relevant ruling— (a) it must state in open court (but, in the case of a ruling by a judge advocate in proceedings before the Court Martial, in the absence of the other members of the court) its reasons for the ruling; (b) if it is the Summary Appeal Court or the Service Civilian Court, it must cause the ruling and the reasons for it to be entered in the note of the court’s proceedings.

5

Section 111 has effect as if the expression“rules of court” included rules regulating the practice and procedure of service courts.

6

In this Schedule “service court” means—

• (a) the Court Martial;

• (b) the Summary Appeal Court;

• (c) the Service Civilian Court; or

• (d) the Court Martial Appeal Court.

SCHEDULE 7

Application to proceedings before service courts

1

Sections 114 to 121, 123, 124, 126, 127 to 129 and 133 and 134, in so far as they are not applied in relation to proceedings before service courts by provision contained in or made under any other Act, have effect in relation to such proceedings (whether in the United Kingdom or elsewhere) as they have effect in relation to criminal proceedings.

2

• (1) In their application to such proceedings those sections have effect with the following modifications.

• (2) In section 116(2) for paragraph (c) substitute—

(c) that either of the following applies— (i) the court is sitting neither in the United Kingdom nor in a British overseas territory and it is not reasonably practicable to secure the attendance of the relevant person; or (ii) the court is sitting in the United Kingdom or a British overseas territory but the relevant person is outside the United Kingdom or outside that territory (as the case may be) and it is not reasonably practicable to secure his attendance.

• (3) In section 117 insert after subsection (7)—

(8) In subsection (4) the reference to criminal proceedings includes proceedings before an officer in respect of a service offence within the meaning of the Armed Forces Act 2006.

• (4) In section 123(4) for paragraph (a) substitute—

(a) in the case of proceedings before the Court Martial, proceedings held for the determination of the issue must take place before the judge advocate in the absence of the other members of the court;

.

• (5) In section 127—

• (a) in subsection (1)(c)—

• (i) for “the appropriate rules” substitute rules made under the Armed Forces Act 2006 or the Court Martial Appeals Act 1968;

• (ii) for “section 9 of the Criminal Justice Act 1967 (c. 80)” substitute such rules;

• (b) omit subsection (7).

• (6) Section 132 has effect as if the expression “rules of court” included rules regulating the practice and procedure of service courts.

• (7) In section 134 insert after subsection (1)—

(1A) In this Part “criminal investigation” includes any investigation which may lead (a) to proceedings before a court-martial or Standing Civilian Court, or (b) to summary proceedings under section 76B of the Army Act 1955, section 76B of the Air Force Act 1955 or section 52D of the Naval Discipline Act 1957. to proceedings before an officer, the Court Martial or the Service Civilian Court in respect of a service offence within the meaning of the Armed Forces Act 2006.

3

• (1) Section 122 has effect in relation to proceedings before the Court Martial(whether in the United Kingdom or elsewhere) with the following modifications.

• (2) In subsection (1) for “ a judge and jury” substitute “ the Court Martial ”.

• (3) In subsection (2)—

• (a) for “jury when they retire to consider their” substitute “ court when it retires to consider its ”.

• (b) for “the court” in paragraph (a) substitute “ the judge advocate ”;

• (c) for “the jury” in paragraph (b) substitute “ the court ”.

4

• (1) Section 125 has effect in relation to proceedings before the Court Martial(whether in the United Kingdom or elsewhere) with the following modifications.

• (2) In subsection (1)—

• (a) for “ a judge and jury” substitute “ the Court Martial ”;

• (b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”;

• (c) for the words after paragraph (b) substitute “the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a retrial, the discharge court.”

• (3) In subsection (2)—

• (a) for “jury” substitute “ court ”;

• (b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”.

• (4) In subsection (3)—

• (a) for paragraph (a) substitute—

(a) a court is required to determine under section 115B(2) of the Army Act 1955, section 167 of the Armed Forces Act 2006 whether a person charged with an offence did the act or made the omission charged,

;

• (b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”;

• (c) for the words after paragraph (b) substitute “ the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a rehearing, discharge the court. ”

• (5) For subsection (4) substitute—

(4) This section does not prejudice any other power a judge advocate may have to direct a court to acquit a person of an offence or to discharge a court.

Amendments

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

8

In this Schedule, and in any provision of this Part as applied by this Schedule, “service court” means—

• (a) the Court Martial;

• (b) the Summary Appeal Court;

• (c) the Service Civilian Court; or

• (d) the Court Martial Appeal Court.

SCHEDULE 8

Part 1 — Preliminary

Interpretation

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Orders made on appeal

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Breach of requirement of order

Duty to give warning

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Breach of order after warning

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of summons or warrant by justice of the peace

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of summons or warrant by Crown Court

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of magistrates' court

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of Crown Court

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction of powers in paragraphs 9 and 10 where treatment required

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 3 — Revocation of order

Revocation of order with or without re-sentencing: powers of magistrates' court

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation of order with or without re-sentencing: powers of Crown Court

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 4 — Amendment of order

Amendment by reason of change of residence

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of requirements of community order

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of treatment requirements of community order on report of practitioner

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment in relation to review of drug rehabilitation requirement

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extension of unpaid work requirement

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 5 — Powers of court in relation to order following subsequent conviction

Powers of magistrates' court following subsequent conviction

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of Crown Court following subsequent conviction

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 6 — Supplementary

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9

Part 1 — Scotland

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Northern Ireland

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 3 — General provisions

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10

Interpretation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Orders made on appeal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation of custody plus order or removal from intermittent custody order of requirements as to licence conditions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment by reason of change of residence

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of requirements of custody plus order or intermittent custody order

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Alteration of pattern of temporary release

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 11

Part 1 — Introductory

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Scotland

2

• (1) Where the court making a custody plus order is satisfied that the offender resides in Scotland, or will reside there during the licence period, the court may, subject to sub-paragraph (2), impose requirements that are to be complied with in Scotland and require the offender’s compliance with the order to be supervised in accordance with arrangements made by the local authority in Scotland in whose area he resides or will reside.

• (2) The court may not make an order by virtue of this paragraph unless it appears to the court—

• (a) in the case of an order imposing a requirement mentioned in sub-paragraph (3), that arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing during the licence period, and that provision can be made for him to comply with the requirement under those arrangements, and

• (b) in any case, that suitable arrangements for supervising his compliance with the order can be made by the local authority in whose area he resides, or will be residing during the licence period.

• (3) The requirements referred to in sub-paragraph (2)(a) are—

• (a) an unpaid work requirement,

• (b) an activity requirement,

• (c) a programme requirement, and

• (d) an electronic monitoring requirement.

• (4) If an order has been made in accordance with this paragraph in relation to an offender but—

• (a) the Secretary of State decides not to make an order under paragraph 1 or 4 of Schedule 1 to the 1997 Act in relation to him, and

• (b) the offender has not applied under paragraph 22 of this Schedule for the amendment of the custody plus order or intermittent custody order,

the Secretary of State must apply to the court under paragraph 22 of this Schedule for the amendment of the order.

3

Where—

• (a) the appropriate court for the purposes of paragraph 4 of Schedule 10 (amendment by reason of change of residence) is satisfied that the offender in respect of whom a custody plus order or intermittent custody order is in force is residing in Scotland, or proposes to reside there during the licence period,

• (b) the Secretary of State has made, or has indicated his willingness to make, an order under paragraph 1 or 4 of Schedule 1 to the 1997 Act in relation to the offender, and

• (c) it appears to the court that the conditions in paragraph 2(2)(a) and (b) are satisfied,

the power of the court to amend the order under Schedule 10 includes power to amend it by requiring the requirements included in the order to be complied with in Scotland and the offender’s compliance with them to be supervised in accordance with the arrangements referred to in paragraph 2(2)(b).

4

A court may not by virtue of paragraph 2 or 3 require an attendance centre requirement to be complied with in Scotland.

5

A custody plus order made in accordance with paragraph 2 or a custody plus order or intermittent order amended in accordance with paragraph 3 must—

• (a) specify the local authority area in which the offender resides or will reside during the licence period, and

• (b) require the local authority for that area to appoint or assign an officer who will be responsible for discharging in relation to him the functions conferred on responsible officers by Part 12 of this Act;

and section 216 (petty sessions area to be specified) does not apply in relation to an order so made or amended.

6

• (1) Where a court makes a custody plus order in accordance with paragraph 2 or amends a custody plus order or intermittent custody order in accordance with paragraph 3, the court must provide the relevant documents to—

• (a) the local authority for the area specified in the order, and

• (b) the sheriff court having jurisdiction in the locality in which the offender resides or proposes to reside;

and paragraphs (b) to (d) of subsection (1) of section 219 (which relate to the provision of copies) do not apply in relation to an order so made or amended.

• (2) In this paragraph, “the relevant documents” means—

• (a) a copy of the order as made or amended, and

• (b) such other documents and information relating to the case as the court making or amending the order considers likely to be of assistance.

7

• (1) In relation to the making of a custody plus order by virtue of paragraph 2, in relation to the amendment of a custody plus order or intermittent custody order by virtue of paragraph 3, and (except for the purposes of paragraph 22) in relation to an order so made or amended, Chapter 4 of Part 12 of this Act has effect subject to the following modifications.

• (2) Any reference to the responsible officer has effect as a reference to the officer appointed or assigned under paragraph 5(b).

• (3) The following provisions are omitted—

• (a) subsection (7) of section 201 (activity requirement);

• (b) subsection (7) of section 202 (programme requirement);

• (c) subsection (4) of section 218 (availability of arrangements in local area).

• (4) In section 215 (electronic monitoring requirement), in subsection (3), the words from “and” onwards are omitted.

8

In this Part of this Schedule “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39); and any reference to the area of such an authority is a reference to the local government area within the meaning of that Act.

Part 3 — Northern Ireland

9

• (1) Where the court making a custody plus order is satisfied that the offender resides in Northern Ireland, or will reside there during the licence period, the court may, subject to sub-paragraph (2), impose requirements that are to be complied with in Northern Ireland and require the offender’s compliance with the order to be supervised in accordance with arrangements made by the Probation Board for Northern Ireland.

• (2) The court may not make an order by virtue of this paragraph unless it appears to the court—

• (a) in the case of an order imposing a requirement mentioned in sub-paragraph (3), that arrangements exist for persons to comply with such a requirement in the petty sessions district in Northern Ireland in which the offender resides, or will be residing during the licence period, and that provision can be made for him to comply with the requirement under those arrangements, and

• (b) in any case, that suitable arrangements for supervising his compliance with the order can be made by the Probation Board for Northern Ireland.

• (3) The requirements referred to in sub-paragraph (1)(a) are—

• (a) an unpaid work requirement,

• (b) an activity requirement,

• (c) a programme requirement,

• (d) an attendance centre requirement, and

• (e) an electronic monitoring requirement.

• (4) If an order has been made in accordance with this paragraph in relation to an offender but—

• (a) the Secretary of State decides not to make an order under paragraph 1 or 4 of Schedule 1 to the 1997 Act in relation to him, and

• (b) the offender has not applied under paragraph 22 of this Schedule for the amendment of the custody plus order or intermittent custody order,

the Secretary of State must apply to the court under paragraph 22 for the amendment of the order.

10

Where—

• (a) the appropriate court for the purposes of paragraph 4 of Schedule 10 (amendment by reason of change of residence) is satisfied that the offender in respect of whom a custody plus order or intermittent custody order is in force is residing in Northern Ireland, or proposes to reside there during the licence period,

• (b) the Secretary of State has made, or has indicated his willingness to make, an order under paragraph 1 or 4 of Schedule 1 to the 1997 Act in relation to the offender, and

• (c) it appears to the court that the conditions in paragraph 9(2)(a) and (b) are satisfied,

the power of the court to amend the order under Schedule 10 includes power to amend it by requiring the requirements included in the order to be complied with in Northern Ireland and the offender’s compliance with them to be supervised in accordance with the arrangements referred to in paragraph 9(2)(b).

11

A custody plus order made in accordance with paragraph 9 or a custody plus order or intermittent custody order amended in accordance with paragraph 10 must—

• (a) specify the petty sessions district in Northern Ireland in which the offender resides or will reside during the licence period, and

• (b) require the Probation Board for Northern Ireland to appoint or assign a probation officer who will be responsible for discharging in relation to him the functions conferred on responsible officers by Part 11 of this Act;

and section 216 (petty sessions area to be specified) does not apply in relation to an order so made or amended.

12

• (1) Where a court makes a custody plus order in accordance with paragraph 9 or amends a custody plus order or intermittent custody order in accordance with paragraph 10, the court must provide the relevant documents to—

• (a) the Probation Board for Northern Ireland, and

• (b) the court of summary jurisdiction acting for the petty sessions district in which the offender resides or proposes to reside;

and paragraphs (b) to (d) of subsection (1) of section 219 (which relate to the provision of copies) do not apply in relation to an order so made or amended.

• (2) In this paragraph, “the relevant documents” means—

• (a) a copy of the order as made or amended, and

• (b) such other documents and information relating to the case as the court making or amending the order considers likely to be of assistance.

13

• (1) In relation to the making of a custody plus order by virtue of paragraph 9, in relation to the amendment of a custody plus order or intermittent custody order by virtue of paragraph 10, and (except for the purposes of paragraph 22) in relation to an order so made or amended, Chapter 4 of Part 12 of this Act has effect subject to the following modifications.

• (2) Any reference to the responsible officer has effect as a reference to the probation officer appointed or assigned under paragraph 11(b).

• (3) The following provisions are omitted—

• (a) subsection (7) of section 201 (activity requirement);

• (b) subsection (7) of section 202 (programme requirement);

• (c) subsection (4) of section 218 (availability of arrangements in local area).

• (4) In section 214 (attendance centre requirement), any reference to an attendance centre has effect as a reference to a day centre, as defined by paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24).

• (5) In section 215 (electronic monitoring requirement), in subsection (3), the words from “and” onwards are omitted.

Part 4 — General provisions

14

This Part of this Schedule applies at any time while a custody plus order made in accordance with paragraph 2 or 9 or amended in accordance with paragraph 3 or 10, or an intermittent custody order amended in accordance with paragraph 3 or 10, is in force in respect of an offender.

15

In this Part of this Schedule—

• “home court” means— if the offender resides in Scotland, or will be residing there during the licence period, the sheriff court having jurisdiction in the locality in which the offender resides or proposes to reside, and if he resides in Northern Ireland, or will be residing there during the licence period, the court of summary jurisdiction acting for the petty sessions district in which he resides or proposes to reside;

• “local authority” and “local authority area” are to be read in accordance with paragraph 8;

• “original court” means the court in England and Wales which made or last amended the custody plus order or intermittent custody order;

• “the relevant officer” means— where the order specifies a local authority area in Scotland, the local authority officer appointed or assigned under paragraph 5(b), and where the order specifies a local authority district in Northern Ireland, the probation officer appointed or assigned under paragraph 11(b).

16

• (1) Where this Part of this Schedule applies, Schedule 10 has effect subject to the following modifications.

• (2) Any reference to the responsible officer has effect as a reference to the relevant officer.

• (3) Any reference to the appropriate court has effect as a reference to the original court.

• (4) Where the order specifies a local authority area in Scotland—

• (a) any reference to the petty sessions area concerned has effect as a reference to that local authority area, and

• (b) any other reference to a petty sessions area has effect as a reference to a local authority area.

• (5) Where the order specifies a petty sessions district in Northern Ireland—

• (a) any reference to the petty sessions area concerned has effect as a reference to that petty sessions district, and

• (b) any other reference to a petty sessions area has effect as a reference to a petty sessions district.

• (6) Paragraph 9 is omitted.

17

• (1) The home court may exercise any power under paragraph 4 or 5 of Schedule 10 (amendment of custody plus order or intermittent custody order) as if it were the original court.

• (2) Subject to sub-paragraph (3), where the home court proposes to exercise the power conferred by paragraph 5 of Schedule 10, otherwise than on the application of the offender, the court—

• (a) if it is in Scotland—

• (i) must issue a citation requiring the offender to appear before it, and

• (ii) if he does not appear in answer to the citation, may issue a warrant for the offender’s arrest;

• (b) if it is in Northern Ireland—

• (i) must issue a summons requiring the offender to appear before it, and

• (ii) if he does not appear in answer to the summons, may issue a warrant for the offender’s arrest;

and paragraph 8 of Schedule 10 does not apply to the home court.

• (3) Sub-paragraph (2) does not apply to any order cancelling any requirement of a custody plus order or intermittent custody order.

• (4) Where the home court is considering amending a custody plus or intermittent custody order, any reference in Chapter 4 of Part 12 of this Act to a local probation board has effect as a reference to a local authority in Scotland or, as the case may be, the Probation Board for Northern Ireland.

18

Where by virtue of paragraph 17 any application is made to the home court under paragraph 4 or 5 of Schedule 10, the home court may (instead of dealing with the application) require the offender to appear before the original court.

19

No court may amend or further amend a custody plus order or an intermittent custody order unless it appears to the court that the conditions in paragraph 2(2)(a) and (b) or, as the case may be, the conditions in paragraph 9(2)(a) and (b) are satisfied in relation to any requirement to be imposed; but this paragraph does not apply to any amendment made by virtue of paragraph 22(1).

20

The preceding paragraphs of this Schedule have effect in relation to any amendment of a custody plus or intermittent custody order by any court as they have effect in relation to the amendment of such an order by virtue of paragraph 3 or 10.

21

On the making of an order amending a custody plus order or intermittent custody order—

• (a) the court must provide copies of the amending order to the offender and the relevant officer, and

• (b) in the case of an amending order which substitutes a new local authority area or petty sessions district, paragraphs 5 and 6, or as the case may be paragraphs 11 and 12, have effect in relation to the order as they have effect in relation to an order made or amended in accordance with paragraph 2 or 3, or as the case may be, 9 or 10.

22

• (1) Where—

• (a) a custody plus order has been made in accordance with paragraph 2 or 9 or a custody plus or intermittent custody order has been amended in accordance with paragraph 3 or 10, but (in any of those cases) the Secretary of State has not made an order under paragraph 1 or 4 of Schedule 1 to the 1997 Act in relation to the offender, or

• (b) the Secretary of State has made, or indicated his willingness to make, an order under paragraph 7(1) of Schedule 1 to the 1997 Act transferring the offender or his supervision back to England and Wales,

the court may, on the application of the offender or the Secretary of State, amend the custody plus order or intermittent custody order by requiring it to be complied with in England and Wales.

• (2) In sub-paragraph (1) “the court”, in a case falling within paragraph (a) of that sub-paragraph, means the original court.

• (3) In a case where paragraph 2(4) or 9(4) requires the Secretary of State to apply under this paragraph, the court must make an amending order under this paragraph.

• (4) Where under this paragraph the court amends a custody plus order or intermittent custody order which contains requirements which, in the opinion of the court, cannot be complied with in the petty sessions area in which the offender is residing or proposes to reside, the court must, in accordance with paragraph 5 of Schedule 10, either—

• (a) cancel those requirements, or

• (b) substitute for those requirements other requirements which can be complied with if the offender resides in that area.

• (5) Where the court amends under this paragraph any custody plus order or intermittent custody order imposing a programme requirement, the court must ensure that the requirement as amended specifies a programme which is available in the petty sessions area in England and Wales in which the offender is residing or proposes to reside.

• (6) The custody plus order or intermittent custody order as amended under this paragraph must specify the petty sessions area in which the offender resides or proposes to reside in the licence period.

• (7) On the making under this paragraph of an order amending a custody plus order or intermittent custody order, the court must—

• (a) provide copies of the amending order to the offender, the relevant officer and the local probation board acting for the new petty sessions area, and

• (b) provide the magistrates' court acting for that area with a copy of the amending order and such other documents and information relating to the case as the home court considers likely to be of assistance to the court acting for that area in the exercise of its functions in relation to the order.

• (8) Where an order has been amended under this paragraph, the preceding paragraphs of this Schedule shall cease to apply to the order as amended.

Part 5 — Supplementary

23

Subsections (1) and (3) of section 245C of the Criminal Procedure (Scotland) Act 1995 (c. 46) (provision of remote monitoring) have effect as if they included a reference to the electronic monitoring of the requirements of a custody plus order made in accordance with paragraph 2 or a custody plus order or intermittent custody order made in accordance with paragraph 3.

24

• (1) Section 4 of the Summary Jurisdiction (Process) Act 1881 (c. 24) (which provides, among other things, for service in England and Wales of Scottish citations or warrants) applies to any citation or warrant issued under paragraph 17(2)(a) as it applies to a citation or warrant granted under section 134 of the Criminal Procedure (Scotland) Act 1995.

• (2) A summons issued by a court in Northern Ireland under paragraph 17(2)(b) may, in such circumstances as may be prescribed by rules of court, be served in England and Wales or Scotland.

SCHEDULE 12

Part 1 — Preliminary

Interpretation

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Orders made on appeal

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Breach of community requirement or conviction of further offence

Duty to give warning in relation to community requirement

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Breach of order after warning

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of summons or warrant by justice of the peace

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of summons or warrant by Crown Court

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of court on breach of community requirement or conviction of further offence

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further provisions as to order that suspended sentence is to take effect

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction of powers in paragraph 8 where treatment required

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Court by which suspended sentence may be dealt with under paragraph 8(1)(b)

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure where court convicting of further offence does not deal with suspended sentence

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 3 — Amendment of suspended sentence order

Cancellation of community requirements of suspended sentence order

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment by reason of change of residence

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of community requirements of suspended sentence order

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of treatment requirements on report of practitioner

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment in relation to review of drug rehabilitation requirement

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extension of unpaid work requirement

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 13

Part 1 — Scotland

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Northern Ireland

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 3 — General provisions: breach or amendment

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 4 — Supplementary

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 14

SCHEDULE 15

Part 1 — Specified violent offences

1

Manslaughter.

2

Kidnapping.

3

False imprisonment.

4

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

5

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

6

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

7

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

8

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).

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

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).

30

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

31

An offence under section 8 of the Theft Act 1968 (c. 60) (robbery or assault with intent to rob).

32

An offence under section 9 of that Act of burglary with intent to—

• (a) inflict grievous bodily harm on a person, or

• (b) do unlawful damage to a building or anything in it.

33

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

34

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

35

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

36

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

37

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

38

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

39

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

40

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

41

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

42

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

43

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

44

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

45

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

46

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

47

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

48

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

49

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

50

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

51

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

52

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

53

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

54

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

55

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

56

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).

57

An offence under section 4 or 4A of the Protection from Harassment Act 1997 (c. 40) (putting people in fear of violence and stalking involving fear of violence or serious alarm or distress).

58

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

59

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

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.

61

An offence under section 1 of the Female Genital Mutilation Act 2003 (c. 31) (female genital mutilation).

62

An offence under section 2 of that Act (assisting a girl to mutilate her own genitalia).

63

An offence under section 3 of that Act (assisting a non-UK person to mutilate overseas a girl’s genitalia).

64

• (1) Aiding, abetting, counselling or procuring the commission of an offence specified in the preceding paragraphs of this Part of this Schedule.

• (2) An attempt to commit such an offence.

• (3) Conspiracy to commit such an offence.

• (4) Incitement to commit such an offence.

• (5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which an offence specified in the preceding paragraphs of this Part of this Schedule is the offence (or one of the offences) which the person intended or believed would be committed.

65

• (1) An attempt to commit murder.

• (2) Conspiracy to commit murder.

• (3) Incitement to commit murder.

• (4) An offence under Part 2 of the Serious Crime Act 2007 in relation to which murder is the offence (or one of the offences) which the person intended or believed would be committed.

Part 2 — Specified sexual offences

66

An offence under section 1 of the Sexual Offences Act 1956 (c. 69) (rape).

67

An offence under section 2 of that Act (procurement of woman by threats).

68

An offence under section 3 of that Act (procurement of woman by false pretences).

69

An offence under section 4 of that Act (administering drugs to obtain or facilitate intercourse).

70

An offence under section 5 of that Act (intercourse with girl under thirteen).

71

An offence under section 6 of that Act (intercourse with girl under 16).

72

An offence under section 7 of that Act (intercourse with a defective).

73

An offence under section 9 of that Act (procurement of a defective).

74

An offence under section 10 of that Act (incest by a man).

75

An offence under section 11 of that Act (incest by a woman).

76

An offence under section 14 of that Act (indecent assault on a woman).

77

An offence under section 15 of that Act (indecent assault on a man).

78

An offence under section 16 of that Act (assault with intent to commit buggery).

79

An offence under section 17 of that Act (abduction of woman by force or for the sake of her property).

80

An offence under section 19 of that Act (abduction of unmarried girl under eighteen from parent or guardian).

81

An offence under section 20 of that Act (abduction of unmarried girl under sixteen from parent or guardian).

82

An offence under section 21 of that Act (abduction of defective from parent or guardian).

83

An offence under section 22 of that Act (causing prostitution of women).

84

An offence under section 23 of that Act (procuration of girl under twenty-one).

85

An offence under section 24 of that Act (detention of woman in brothel).

86

An offence under section 25 of that Act (permitting girl under thirteen to use premises for intercourse).

87

An offence under section 26 of that Act (permitting girl under sixteen to use premises for intercourse).

88

An offence under section 27 of that Act (permitting defective to use premises for intercourse).

89

An offence under section 28 of that Act (causing or encouraging the prostitution of, intercourse with or indecent assault on girl under sixteen).

90

An offence under section 29 of that Act (causing or encouraging prostitution of defective).

91

An offence under section 32 of that Act (soliciting by men).

92

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

93

An offence under section 128 of the Mental Health Act 1959 (c. 72) (sexual intercourse with patients).

94

An offence under section 1 of the Indecency with Children Act 1960 (c. 33) (indecent conduct towards young child).

95

An offence under section 4 of the Sexual Offences Act 1967 (c. 60) (procuring others to commit homosexual acts).

96

An offence under section 5 of that Act (living on earnings of male prostitution).

97

An offence under section 9 of the Theft Act 1968 (c. 60) of burglary with intent to commit rape.

98

An offence under section 54 of the Criminal Law Act 1977 (c. 45) (inciting girl under sixteen to have incestuous sexual intercourse).

99

An offence under section 1 of the Protection of Children Act 1978 (c. 37) (indecent photographs of children).

100

An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles).

101

An offence under section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of a child).

102

An offence under section 1 of the Sexual Offences Act 2003 (c. 42) (rape).

103

An offence under section 2 of that Act (assault by penetration).

104

An offence under section 3 of that Act (sexual assault).

105

An offence under section 4 of that Act (causing a person to engage in sexual activity without consent).

106

An offence under section 5 of that Act (rape of a child under 13).

107

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

108

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

109

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

110

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

111

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

112

An offence under section 11 of that Act (engaging in sexual activity in the presence of a child).

113

An offence under section 12 of that Act (causing a child to watch a sexual act).

114

An offence under section 13 of that Act (child sex offences committed by children or young persons).

115

An offence under section 14 of that Act (arranging or facilitating commission of a child sex offence).

116

An offence under section 15 of that Act (meeting a child following sexual grooming etc.).

117

An offence under section 16 of that Act (abuse of position of trust: sexual activity with a child).

118

An offence under section 17 of that Act (abuse of position of trust: causing or inciting a child to engage in sexual activity).

119

An offence under section 18 of that Act (abuse of position of trust: sexual activity in the presence of a child).

120

An offence under section 19 of that Act (abuse of position of trust: causing a child to watch a sexual act).

121

An offence under section 25 of that Act (sexual activity with a child family member).

122

An offence under section 26 of that Act (inciting a child family member to engage in sexual activity).

123

An offence under section 30 of that Act (sexual activity with a person with a mental disorder impeding choice).

124

An offence under section 31 of that Act (causing or inciting a person with a mental disorder impeding choice to engage in sexual activity).

125

An offence under section 32 of that Act (engaging in sexual activity in the presence of a person with a mental disorder impeding choice).

126

An offence under section 33 of that Act (causing a person with a mental disorder impeding choice to watch a sexual act).

127

An offence under section 34 of that Act (inducement, threat or deception to procure sexual activity with a person with a mental disorder).

128

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).

129

An offence under section 36 of that Act (engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder).

130

An offence under section 37 of that Act (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception).

131

An offence under section 38 of that Act (care workers: sexual activity with a person with a mental disorder).

132

An offence under section 39 of that Act (care workers: causing or inciting sexual activity).

133

An offence under section 40 of that Act (care workers: sexual activity in the presence of a person with a mental disorder).

134

An offence under section 41 of that Act (care workers: causing a person with a mental disorder to watch a sexual act).

135

An offence under section 47 of that Act (paying for sexual services of a child).

136

An offence under section 48 of that Act (causing or inciting sexual exploitation of a child ).

137

An offence under section 49 of that Act (controlling a child in relation to sexual exploitation ).

138

An offence under section 50 of that Act (arranging or facilitating sexual exploitation of a child ).

139

An offence under section 52 of that Act (causing or inciting prostitution for gain).

140

An offence under section 53 of that Act (controlling prostitution for gain).

141

An offence under section 57 of that Act (trafficking into the UK for sexual exploitation).

142

An offence under section 58 of that Act (trafficking within the UK for sexual exploitation).

143

An offence under section 59 of that Act (trafficking out of the UK for sexual exploitation).

144

An offence under section 61 of that Act (administering a substance with intent).

145

An offence under section 62 of that Act (committing an offence with intent to commit a sexual offence).

146

An offence under section 63 of that Act (trespass with intent to commit a sexual offence).