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Criminal Justice Bill


Criminal Justice Bill
Schedule 4 — Qualifying offences for purposes of Part 9
Part 1 — List of offences for England and Wales

    218

 

                             (g)                            any working address of the accused in his capacity

as a person engaged by any such company;

                                         and here “engaged” means engaged under a contract of

service or a contract for services.”,

              (d)             after sub-paragraph (11) there is inserted—

5

                 “(11A)                                                                        Proceedings for an offence under this paragraph shall not,

in Northern Ireland, be instituted otherwise than by or

with the consent of the Attorney General for Northern

Ireland.”

Youth Justice and Criminal Evidence Act 1999 (c. 23)

10

  48      (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,

15

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

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

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

          (2)      In section 148 (restitution orders), in subsection (6), for paragraph (b) there

is substituted—

20

                    “(b)                      such documents as were served on the offender in pursuance

of regulations made under paragraph 1 of Schedule 3 to the

Crime and Disorder Act 1998.”

Schedule 4

Section 60

 

Qualifying offences for purposes of Part 9

25

Part 1

List of offences for England and Wales

Offences Against the Person

Murder

  1        Murder.

30

Attempted murder

  2        An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of

attempting to commit murder.

 

 

Criminal Justice Bill
Schedule 4 — Qualifying offences for purposes of Part 9
Part 1 — List of offences for England and Wales

    219

 

Soliciting murder

  3        An offence under section 4 of the Offences against the Person Act 1861

(c. 100).

Manslaughter

  4        Manslaughter.

5

Wounding or causing grievous bodily harm with intent

  5        An offence under section 18 of the Offences against the Person Act 1861.

Kidnapping

  6        Kidnapping.

Sexual Offences

10

Rape

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

1 or 2 of the Sexual Offences Act 2003.

Attempted rape

  8        An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of

15

attempting to commit an offence under section 1 of the Sexual Offences Act

1956 or section 1 or 2 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

20

  10       An offence under section 10 of the Sexual Offences Act 1956 alleged to have

been committed with a girl under thirteen.

Drugs Offences

Unlawful importation of Class A drug

  11       An offence under section 50(2) of the Customs and Excise Management Act

25

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

  12       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

30

by section 2 of the Misuse of Drugs Act 1971).

 

 

Criminal Justice Bill
Schedule 4 — Qualifying offences for purposes of Part 9
Part 1 — List of offences for England and Wales

    220

 

Fraudulent evasion in respect of Class A drug

  13       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

5

  14       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

  15       An offence under section 4(3) of the Misuse of Drugs Act 1971 alleged to

10

have been committed in relation to a Class A drug (as defined by section 2

of that Act).

Theft Offences

Robbery

  16       An offence under section 8(1) of the Theft Act 1968 (c. 60) where it is alleged

15

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

20

  17       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

  18       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

25

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

War Crimes and Terrorism

Genocide, crimes against humanity and war crimes

  20       An offence under section 51 or 52 of the International Criminal Court Act

2001 (c. 17).

30

Grave breaches of the Geneva Conventions

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

 

 

Criminal Justice Bill
Schedule 4 — Qualifying offences for purposes of Part 9
Part 1 — List of offences for England and Wales

    221

 

Directing terrorist organisation

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

Hostage-taking

  23       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

5

Hijacking of aircraft

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

Destroying, damaging or endangering the safety of an aircraft

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

Hijacking of ships

10

  26       An offence under section 9 of the Aviation and Maritime Security Act 1990

(c. 31).

Seizing or exercising control of fixed platforms

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

Destroying ships or fixed platforms or endangering their safety

15

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

Hijacking of Channel Tunnel trains

  29       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

20

  30       An offence under article 5 of the Channel Tunnel (Security) Order 1994.

Conspiracy

Conspiracy

  31       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.

25

 

 

Criminal Justice Bill
Schedule 4 — Qualifying offences for purposes of Part 9
Part 2 — List of offences for Northern Ireland

    222

 

Part 2

List of offences for Northern Ireland

Offences Against the Person

Murder

  32       Murder.

5

Attempted murder

  33       An offence under Article 3 of the Criminal Attempts and Conspiracy

(Northern Ireland) Order 1983 of attempting to commit murder.

Soliciting murder

  34       An offence under section 4 of the Offences against the Person Act 1861

10

(c. 100).

Manslaughter

  35       Manslaughter.

Wounding or causing grievous bodily harm with intent

  36       An offence under section 18 of the Offences against the Person Act 1861.

15

Kidnapping

  37       Kidnapping.

Sexual Offences

Rape

  38       Rape.

20

Attempted rape

  39       An offence under section 2 of the Attempted Rape, etc., Act (Northern

Ireland) 1960.

Intercourse with a girl under fourteen

  40       An offence under section 4 of the Criminal Law Amendment Act 1885 (c. 69)

25

of unlawfully and carnally knowing a girl under fourteen.

Incest by a man with a girl under fourteen

  41       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.

 

 

Criminal Justice Bill
Schedule 4 — Qualifying offences for purposes of Part 9
Part 2 — List of offences for Northern Ireland

    223

 

Drugs Offences

Unlawful importation of Class A drug

  42       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)).

5

Unlawful exportation of Class A drug

  43       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

10

  44                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

  45                An offence under section 4(2) of the Misuse of Drugs Act 1971 alleged to

15

have been committed in respect of a Class A drug (as defined by section 2 of

that Act).

Supplying or offering to supply Class A drug

  46                An offence under section 4(3) 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

20

that Act).

Theft Offences

Robbery

  47       An offence under section 8(1) of the Theft Act (Northern Ireland) 1969 where

it is alleged that, at some time during the commission of the offence, the

25

defendant had in his possession a firearm or imitation firearm (as defined by

Article 2(2) of the Firearms (Northern Ireland) Order 1981).

Criminal Damage Offences

Arson endangering life

  48       An offence under Article 3(2) of the Criminal Damage (Northern Ireland)

30

Order 1977 alleged to have been committed by destroying or damaging

property by fire.

Causing explosion likely to endanger life or property

  49       An offence under section 2 of the Explosive Substances Act 1883 (c. 3).

 

 

Criminal Justice Bill
Schedule 4 — Qualifying offences for purposes of Part 9
Part 2 — List of offences for Northern Ireland

    224

 

Intent or conspiracy to cause explosion likely to endanger life or property

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

War Crimes and Terrorism

Genocide, crimes against humanity and war crimes

  51       An offence under section 51 or 52 of the International Criminal Court Act

5

2001 (c. 17).

Grave breaches of the Geneva Conventions

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

Directing terrorist organisation

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

10

Hostage-taking

  54       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

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

15

Destroying, damaging or endangering the safety of an aircraft

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

Hijacking of ships

  57       An offence under section 9 of the Aviation and Maritime Security Act 1990

(c. 31).

20

Seizing or exercising control of fixed platforms

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

Destroying ships or fixed platforms or endangering their safety

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

Hijacking of Channel Tunnel trains

25

  60       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

  61       An offence under article 5 of the Channel Tunnel (Security) Order 1994.

 

 

 
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Revised 17 October 2003