|
| |
| |
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 | |
children). | |
12 An offence under section 1 of the Criminal Law (Consolidation) (Scotland) | 5 |
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 | |
person in position of trust). | |
15 An offence under section 5 of that Act (unlawful intercourse with girl under | 10 |
16). | |
16 An offence under section 6 of that Act (indecent behaviour towards girl | |
between 12 and 16). | |
17 An offence under section 8 of that Act (abduction of girl under 18 for | |
purposes of unlawful intercourse). | 15 |
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). | |
19 An offence under subsection (5) of section 13 of that Act (homosexual | |
offences). | 20 |
20 An offence under section 3 of the Sexual Offences (Amendment) Act 2000 | |
(c. 44) (abuse of position of trust). | |
21 An offence of— | |
(a) attempting, conspiring or inciting another to commit any offence | |
specified in the preceding paragraphs, or | 25 |
(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 | |
paragraphs) inferring personal violence. | |
Schedule 14 | 30 |
Section 211 | |
Northern Ireland offences specified for the purposes of section 211(4) | |
Part 1 | |
Violent offences | |
1 Manslaughter. | |
2 Kidnapping. | 35 |
3 Riot. | |
4 Affray. | |
| |
| |
|
| |
| |
5 False imprisonment. | |
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 | 5 |
grievous bodily harm). | |
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 | 10 |
assist in the committing of any indictable offence). | |
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 |
15 An offence under section 29 of that Act (using explosives etc. with intent to | |
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 | 20 |
to do grievous bodily harm). | |
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). | 25 |
21 An offence under section 47 of that Act of assault occasioning actual bodily | |
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 | 30 |
making or keeping explosive with intent to endanger life or property). | |
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). | 35 |
26 An offence under section 7(1)(b) of the Criminal Justice (Miscellaneous | |
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) | |
(robbery or assault with intent to rob). | |
29 An offence under section 9 of that Act of burglary with intent to— | 5 |
(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). | |
31 An offence of arson under Article 3 of the Criminal Damage Northern | |
Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)). | 10 |
32 An offence under Article 3(2) of that Order (destroying or damaging | |
property) other than an offence of arson. | |
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 | 15 |
intent to cause fear of violence). | |
35 An offence under Article 18(1) of that Order (use of firearm to resist arrest). | |
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). | 20 |
37 An offence under Article 19 of that Order (carrying a firearm with criminal | |
intent). | |
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) | 25 |
(hijacking). | |
40 An offence under section 2 of that Act (destroying, damaging or | |
endangering safety of aircraft). | |
41 An offence under section 3 of that Act (other acts endangering or likely to | |
endanger safety of aircraft). | 30 |
42 An offence under section 4 of that Act (offences in relation to certain | |
dangerous articles). | |
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 | 35 |
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) | |
(torture). | |
46 An offence under section 1 of the Aviation and Maritime Security Act 1990 | |
(c. 31) (endangering safety at aerodromes). | 40 |
| |
| |
|
| |
| |
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 | |
platforms). | |
49 An offence under section 11 of that Act (destroying fixed platforms or | |
endangering their safety). | 5 |
50 An offence under section 12 of that Act (other acts endangering or likely to | |
endanger safe navigation). | |
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 | 10 |
system). | |
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 | 15 |
injury by careless driving when under the influence of drink or drugs). | |
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) | 20 |
(assaulting or obstructing a constable etc.). | |
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 of— | 25 |
(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. | |
59 An attempt to commit murder or a conspiracy to commit murder. | 30 |
Part 2 | |
Sexual offences | |
60 Rape. | |
61 Indecent assault upon a female. | |
62 An offence under section 52 of the Offences against the Person Act 1861 | 35 |
(c. 100) (indecent assault upon a female). | |
63 An offence under section 53 of that Act (abduction of woman etc.). | |
64 An offence under section 54 of that Act (abduction of woman by force). | |
| |
| |
|
| |
| |
65 An offence under section 55 of that Act (abduction of unmarried girl under | |
16 from parent or guardian). | |
66 An offence under section 62 of that Act of assault with intent to commit | |
buggery or indecent assault upon a male person. | |
67 An offence under section 2 of the Criminal Law Amendment Act 1885 (c. 69) | 5 |
(procuration). | |
68 An offence under section 3 of that Act (procurement of woman or girl by | |
threats etc. or administering drugs). | |
69 An offence under section 4 of that Act (intercourse or attempted intercourse | |
with girl under 14). | 10 |
70 An offence under section 5 of that Act (intercourse or attempted intercourse | |
with girl under 17). | |
71 An offence under section 6 of that Act (permitting girl under 17 to use | |
premises for intercourse). | |
72 An offence under section 7 of that Act (abduction of girl under 18 from | 15 |
parent or guardian). | |
73 An offence under section 8 of that Act (unlawful detention of woman or girl | |
in brothel etc.). | |
74 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). | 20 |
75 An offence under section 1 of the Punishment of Incest Act 1908 (c. 45) | |
(incest by a man). | |
76 An offence under section 2 of that Act (incest by a woman). | |
77 An offence under section 21 of the Children and Young Persons Act | |
(Northern Ireland) 1968 (c. 34) (causing or encouraging seduction or | 25 |
prostitution of girl under 17). | |
78 An offence under section 22 of that Act (indecent conduct towards child). | |
79 An offence under section 9 of the Theft Act (Northern Ireland) 1969 (c. 16) of | |
burglary with intent to commit rape. | |
80 An offence under Article 3 of the Protection of Children (Northern Ireland) | 30 |
Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children). | |
81 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). | 35 |
82 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). | |
83 An offence under Article 7 of the Homosexual Offences (Northern Ireland) | |
Order 1982 (S.I. 1982/1536 (N.I. 19)) (procuring others to commit | 40 |
homosexual acts). | |
| |
| |
|
| |
| |
84 An offence under Article 8 of that Order (living on earnings of male | |
prostitution). | |
85 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). | 5 |
86 An offence under Article 123 of that Order (protection of patients). | |
87 An offence under Article 15 of the Criminal Justice (Evidence, etc.) | |
(Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17) (possession of | |
indecent photograph of a child). | |
88 An offence of— | 10 |
(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. | |
Schedule 15 | 15 |
Section 212 | |
Release of prisoners serving sentences of imprisonment or detention for public | |
protection | |
Release on licence | |
1 (1) Section 31 of the Crime (Sentences) Act 1997 (c. 43) (duration and conditions | |
of licences for life prisoners), is amended as follows. | 20 |
(2) In subsection (1) (licence to remain in force until death), after “life prisoner” | |
there is inserted “, other than a prisoner to whom section 31A below | |
applies,”. | |
(3) After that subsection there is inserted— | |
“(1A) Where a prisoner to whom section 31A below applies is released on | 25 |
licence, the licence shall remain in force until his death unless— | |
(a) it is previously revoked under section 32(1) or (2) below; or | |
(b) it ceases to have effect in accordance with an order made by | |
the Secretary of State under section 31A below.” | |
2 After that section there is inserted— | 30 |
“31A Imprisonment or detention for public protection: termination of | |
licences | |
(1) This section applies to a prisoner who— | |
(a) is serving one or more preventive sentences, and | |
(b) is not serving any other life sentence. | 35 |
(2) Where— | |
(a) the prisoner has been released on licence under this Chapter; | |
and | |
(b) the qualifying period has expired, | |
| |
| |
|
| |
| |
the Secretary of State shall, if directed to do so by the Parole Board, | |
order that the licence is to cease to have effect. | |
(3) Where— | |
(a) the prisoner has been released on licence under this Chapter; | |
(b) the qualifying period has expired; and | 5 |
(c) if he has made a previous application under this subsection, | |
a period of at least twelve months has expired since the | |
disposal of that application, | |
the prisoner may make an application to the Parole Board under this | |
subsection. | 10 |
(4) Where an application is made under subsection (3) above, the Parole | |
Board— | |
(a) shall, if it is satisfied that it is no longer necessary for the | |
protection of the public that the licence should remain in | |
force, direct the Secretary of State to make an order that the | 15 |
licence is to cease to have effect; | |
(b) shall otherwise dismiss the application. | |
(5) In this section— | |
“preventive sentence” means a sentence of imprisonment for | |
public protection under section 207 of the Criminal Justice | 20 |
Act 2003 or a sentence of detention for public protection | |
under section 208 of that Act; | |
“the qualifying period”, in relation to a prisoner who has been | |
released on licence, means the period of ten years beginning | |
with the date of his release.” | 25 |
3 In section 34(2) of that Act (meaning of “life sentence”), after paragraph (c) | |
there is inserted | |
“(d) a sentence of imprisonment for public protection under | |
section 207 of the Criminal Justice Act 2003, and | |
(e) a sentence of detention for public protection under section | 30 |
208 of that Act.” | |
Determination of tariffs | |
4 In section 82A of the Sentencing Act (determination of tariffs) after | |
subsection (4) there is inserted— | |
“(4A) No order under subsection (4) above may be made where the life | 35 |
sentence is— | |
(a) a sentence of imprisonment for public protection under | |
section 207 of the Criminal Justice Act 2003, or | |
(b) a sentence of detention for public protection under section | |
208 of that Act.” | 40 |
| |
| |
|
