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Criminal Justice Bill


Criminal Justice Bill
Schedule 14 — Specified offences for purposes of Chapter 5 of Part 11
Part 2 — Specified sexual offences

298

 

129        

An offence under section 37 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 38 of that Act (causing a person with a mental

disorder to watch a sexual act by inducement, threat or deception).

5

131        

An offence under section 39 of that Act (care workers: sexual activity with a

person with a mental disorder).

132        

An offence under section 40 of that Act (care workers: causing or inciting

sexual activity).

133        

An offence under section 41 of that Act (care workers: sexual activity in the

10

presence of a person with a mental disorder).

134        

An offence under section 42 of that Act (care workers: causing a person with

a mental disorder to watch a sexual act).

135        

An offence under section 48 of that Act (paying for sexual services of a child).

136        

An offence under section 49 of that Act (causing or inciting child prostitution

15

or pornography).

137        

An offence under section 50 of that Act (controlling a child prostitute or a

child involved in pornography).

138        

An offence under section 51 of that Act (arranging or facilitating child

prostitution or pornography).

20

139        

An offence under section 53 of that Act (causing or inciting prostitution for

gain).

140        

An offence under section 54 of that Act (controlling prostitution for gain).

141        

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

exploitation).

25

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

30

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).

35

147        

An offence under section 64 of that Act (sex with an adult relative:

penetration).

148        

An offence under section 65 of that Act (sex with an adult relative:

consenting to penetration).

149        

An offence under section 67 of that Act (exposure).

40

 

 

Criminal Justice Bill
Schedule 15 — Scottish offences specified for the purposes of section 201(4)

299

 

150        

An offence under section 68 of that Act (voyeurism).

151        

An offence under section 70 of that Act (intercourse with an animal).

152        

An offence under section 71 of that Act (sexual penetration of a corpse).

153        

An offence of—

(a)   

aiding, abetting, counselling, procuring or inciting the commission

5

of an offence specified in this Part of this Schedule,

(b)   

conspiring to commit an offence so specified, or

(c)   

attempting to commit an offence so specified.

Schedule 15

Section 201

 

Scottish offences specified for the purposes of section 201(4)

10

1          

Rape.

2          

Clandestine injury to women.

3          

Abduction of woman or girl with intent to rape or ravish.

4          

Assault with intent to rape or ravish.

5          

Indecent assault.

15

6          

Lewd, indecent or libidinous behaviour or practices.

7          

Shameless indecency.

8          

Sodomy.

9          

An offence under section 170 of the Customs and Excise Management Act

1979 (c. 2) in relation to goods prohibited to be imported under section 42 of

20

the Customs Consolidation Act 1876 (c. 36), but only where the prohibited

goods include indecent photographs of persons.

10         

An offence under section 52 of the Civic Government (Scotland) Act 1982

(c. 45) (taking and distribution of indecent images of children).

11         

An offence under section 52A of that Act (possession of indecent images of

25

children).

12         

An offence under section 1 of the Criminal Law (Consolidation) (Scotland)

Act 1995 (c. 39) (incest).

13         

An offence under section 2 of that Act (intercourse with a stepchild).

14         

An offence under section 3 of that Act (intercourse with child under 16 by

30

person in position of trust).

15         

An offence under section 5 of that Act (unlawful intercourse with girl under

16).

16         

An offence under section 6 of that Act (indecent behaviour towards girl

between 12 and 16).

35

 

 

Criminal Justice Bill
Schedule 16 — Northern Ireland offences specified for the purposes of section 201(4)
Part 1 — Violent offences

300

 

17         

An offence under section 8 of that Act (detention of woman in brothel or

other premises).

18         

An offence under section 10 of that Act (person having parental

responsibilities causing or encouraging sexual activity in relation to a girl

under 16).

5

19         

An offence under subsection (5) of section 13 of that Act (homosexual

offences).

20         

An offence under section 3 of the Sexual Offences (Amendment) Act 2000

(c. 44) (abuse of position of trust).

21         

An offence of—

10

(a)   

attempting, conspiring or inciting another to commit any offence

specified in the preceding paragraphs, or

(b)   

aiding, abetting, counselling or procuring the commission of any

offence specified in paragraphs 9 to 20.

22         

Any offence (other than an offence specified in any of the preceding

15

paragraphs) inferring personal violence.

Schedule 16

Section 201

 

Northern Ireland offences specified for the purposes of section 201(4)

Part 1

Violent offences

20

1          

Manslaughter.

2          

Kidnapping.

3          

Riot.

4          

Affray.

5          

False imprisonment.

25

6          

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

(c. 100) (soliciting murder).

7          

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

8          

An offence under section 18 of that Act (wounding with intent to cause

grievous bodily harm).

30

9          

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

10         

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).

11         

An offence under section 22 of that Act (using chloroform etc. to commit or

assist in the committing of any indictable offence).

35

 

 

Criminal Justice Bill
Schedule 16 — Northern Ireland offences specified for the purposes of section 201(4)
Part 1 — Violent offences

301

 

12         

An offence under section 23 of that Act (maliciously administering poison

etc. so as to endanger life or inflict grievous bodily harm).

13         

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

14         

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

15         

An offence under section 29 of that Act (using explosives etc. with intent to

5

do grievous bodily harm).

16         

An offence under section 30 of that Act (placing explosives with intent to do

bodily injury).

17         

An offence under section 31 of that Act (setting spring guns etc. with intent

to do grievous bodily harm).

10

18         

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

passengers).

19         

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

20         

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

21         

An offence under section 47 of that Act of assault occasioning actual bodily

15

harm.

22         

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

(causing explosion likely to endanger life or property).

23         

An offence under section 3 of that Act (attempt to cause explosion, or

making or keeping explosive with intent to endanger life or property).

20

24         

An offence under section 25 of the Criminal Justice (Northern Ireland) Act

1945 (c. 15) (child destruction).

25         

An offence under section 1 of the Infanticide Act (Northern Ireland) 1939 (c.

5) (infanticide).

26         

An offence under section 7(1)(b) of the Criminal Justice (Miscellaneous

25

Provisions) Act (Northern Ireland) 1968 (c. 28) (assault with intent to resist

arrest).

27         

An offence under section 20 of the Children and Young Persons Act

(Northern Ireland) 1968 (c. 34) (cruelty to children).

28         

An offence under section 8 of the Theft Act (Northern Ireland) 1969 (c. 16)

30

(robbery or assault with intent to rob).

29         

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.

30         

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

35

31         

An offence of arson under Article 3 of the Criminal Damage Northern

Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)).

32         

An offence under Article 3(2) of that Order (destroying or damaging

property) other than an offence of arson.

 

 

Criminal Justice Bill
Schedule 16 — Northern Ireland offences specified for the purposes of section 201(4)
Part 1 — Violent offences

302

 

33         

An offence under Article 17 of the Firearms (Northern Ireland) Order 1981

(S.I. 1981/155 (N.I. 2)) (possession of firearm with intent to endanger life).

34         

An offence under Article 17A of that Order (possession of firearm with

intent to cause fear of violence).

35         

An offence under Article 18(1) of that Order (use of firearm to resist arrest).

5

36         

An offence under Article 18(2) of that Order (possession of firearm at time of

committing or being arrested for an offence specified in Schedule 1 to that

Order).

37         

An offence under Article 19 of that Order (carrying a firearm with criminal

intent).

10

38         

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

(hostage-taking).

39         

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

(hijacking).

40         

An offence under section 2 of that Act (destroying, damaging or

15

endangering safety of aircraft).

41         

An offence under section 3 of that Act (other acts endangering or likely to

endanger safety of aircraft).

42         

An offence under section 4 of that Act (offences in relation to certain

dangerous articles).

20

43         

An offence under section 1 of the Prohibition of Female Circumcision Act

1985 (c. 38) (prohibition of female circumcision).

44         

An offence under Article 121 of the Mental Health (Northern Ireland) Order

1986 (S.I. 1986/595 (N.I.4) (ill-treatment of patients).

45         

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

25

(torture).

46         

An offence under section 1 of the Aviation and Maritime Security Act 1990

(c. 31) (endangering safety at aerodromes).

47         

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

48         

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

30

platforms).

49         

An offence under section 11 of that Act (destroying fixed platforms or

endangering their safety).

50         

An offence under section 12 of that Act (other acts endangering or likely to

endanger safe navigation).

35

51         

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

52         

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).

 

 

Criminal Justice Bill
Schedule 16 — Northern Ireland offences specified for the purposes of section 201(4)
Part 2 — Sexual offences

303

 

53         

An offence under Article 9 of the Road Traffic (Northern Ireland) Order 1995

(S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by

dangerous driving).

54         

An offence under Article 14 of that Order (causing death or grievous bodily

injury by careless driving when under the influence of drink or drugs).

5

55         

An offence under Article 6 of the Protection from Harassment (Northern

Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9) (putting people in fear of

violence).

56         

An offence under section 66 of the Police (Northern Ireland) Act 1998 (c. 32)

(assaulting or obstructing a constable etc.).

10

57         

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.

58         

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

(female genital mutilation).

15

59         

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

genitalia).

60         

An offence under section 3 of that Act (assisting a non-UK person to mutilate

overseas a girl’s genitalia).

61         

An offence of—

20

(a)   

aiding, abetting, counselling, procuring or inciting the commission

of an offence specified in this Part of this Schedule,

(b)   

conspiring to commit an offence so specified, or

(c)   

attempting to commit an offence so specified.

62         

An attempt to commit murder or a conspiracy to commit murder.

25

Part 2

Sexual offences

63         

Rape.

64         

Indecent assault upon a female.

65         

An offence under section 52 of the Offences against the Person Act 1861

30

(c. 100) (indecent assault upon a female).

66         

An offence under section 53 of that Act (abduction of woman etc.).

67         

An offence under section 54 of that Act (abduction of woman by force).

68         

An offence under section 55 of that Act (abduction of unmarried girl under

16 from parent or guardian).

35

69         

An offence under section 2 of the Criminal Law Amendment Act 1885 (c. 69)

(procuration).

70         

An offence under section 3 of that Act (procurement of woman or girl by

threats etc. or administering drugs).

 

 

Criminal Justice Bill
Schedule 16 — Northern Ireland offences specified for the purposes of section 201(4)
Part 2 — Sexual offences

304

 

71         

An offence under section 4 of that Act (intercourse or attempted intercourse

with girl under 14).

72         

An offence under section 5 of that Act (intercourse or attempted intercourse

with girl under 17).

73         

An offence under section 6 of that Act (permitting girl under 17 to use

5

premises for intercourse).

74         

An offence under section 7 of that Act (abduction of girl under 18 from

parent or guardian).

75         

An offence under section 8 of that Act (unlawful detention of woman or girl

in brothel etc.).

10

76         

An offence under section 1 of the Vagrancy Act 1898 (c. 39) (living on

earnings of prostitution or soliciting or importuning in a public place).

77         

An offence under section 1 of the Punishment of Incest Act 1908 (c. 45)

(incest by a man).

78         

An offence under section 2 of that Act (incest by a woman).

15

79         

An offence under section 21 of the Children and Young Persons Act

(Northern Ireland) 1968 (c. 34) (causing or encouraging seduction or

prostitution of girl under 17).

80         

An offence under section 22 of that Act (indecent conduct towards child).

81         

An offence under section 9 of the Theft Act (Northern Ireland) 1969 (c. 16) of

20

burglary with intent to commit rape.

82         

An offence under Article 3 of the Protection of Children (Northern Ireland)

Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children).

83         

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

25

prohibited to be imported under section 42 of the Customs Consolidation

Act 1876 (c. 36) (indecent or obscene articles).

84         

An offence under Article 9 of the Criminal Justice (Northern Ireland) Order

1980 (S.I. 1980/704 (N.I. 6)) (inciting girl under 16 to have incestuous sexual

intercourse).

30

85         

An offence under Article 7 of the Homosexual Offences (Northern Ireland)

Order 1982 (S.I. 1982/1536 (N.I. 19)) (procuring others to commit

homosexual acts).

86         

An offence under Article 8 of that Order (living on earnings of male

prostitution).

35

87         

An offence under Article 122 of the Mental Health (Northern Ireland) Order

1986 (S.I. 1986/595 (N.I. 4)) (protection of women suffering from severe

mental handicap).

88         

An offence under Article 123 of that Order (protection of patients).

89         

An offence under Article 15 of the Criminal Justice (Evidence, etc.)

40

(Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17) (possession of

indecent photograph of a child).

 

 

 
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