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Sexual Offences Bill [HL]


Sexual Offences Bill [HL]
Schedule 5 — Other offences for purposes of Part 2

    96

 

  33       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.

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

  35       An offence under section 12A of that Act (aggravated vehicle-taking)

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involving an accident which caused the death of any person.

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

  37       An offence under section 1(2) of that Act (destroying or damaging property)

other than an offence of arson.

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

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(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

endangering safety of aircraft).

15

  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).

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

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treatment of patients).

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

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

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

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

25

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

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

(torture).

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

by dangerous driving).

30

  50       An offence under section 3A of that Act (causing death by careless driving

when under influence of drink or drugs).

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

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

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

35

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

platforms).

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

endangering their safety).

 

 

Sexual Offences Bill [HL]
Schedule 5 — Other offences for purposes of Part 2

    97

 

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

endanger safe navigation).

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

  57       An offence under section 4 of the Protection from Harassment Act 1997

(c. 40) (putting people in fear of violence).

5

  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)).

10

  60       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).

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

2001 (c. 17) (genocide, crimes against humanity, war crimes and related

15

offences), other than one involving murder.

  62       An offence under section 48 of this Act, where the victim or (as the case may

be) other party was 16 or over.

  63       An offence under any of sections 49 to 54 or 57 to 59 of this Act.

Scotland

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  64       Murder.

  65                Culpable homicide.

  66       Assault.

  67       Assault and robbery.

  68       Abduction.

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  69       Plagium.

  70       Wrongful imprisonment.

  71       Threatening personal violence.

  72       Breach of the peace inferring personal violence.

  73       Wilful fireraising.         

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  74       Culpable and reckless fireraising.

  75       Mobbing and rioting.

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

(causing explosion likely to endanger life or property).

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

35

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

 

 

Sexual Offences Bill [HL]
Schedule 5 — Other offences for purposes of Part 2

    98

 

  78       An offence under section 12 of the Children and Young Persons (Scotland)

Act 1937 (c. 37) (cruelty to persons under 16).

  79                An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of

firearm with intent to endanger life).

  80       An offence under section 16A of that Act (possession of firearm with intent

5

to cause fear of violence).

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

  82       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).

  83       An offence under section 18 of that Act (carrying a firearm with criminal

10

intent).

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

(hostage-taking).

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

(hijacking).

15

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

endangering safety of aircraft).

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

endanger safety of aircraft).

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

20

dangerous articles).

  89       An offence under section 105 of the Mental Health (Scotland) Act 1984 (c. 36)

(ill-treatment of patients).

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

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

25

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

(torture).

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

by dangerous driving).

  93       An offence under section 3A of that Act (causing death by careless driving

30

when under influence of drink or drugs).

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

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

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

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

35

platforms).

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

endangering their safety).

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

endanger safe navigation).

40

 

 

Sexual Offences Bill [HL]
Schedule 5 — Other offences for purposes of Part 2

    99

 

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

  100               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).

  101               An offence under section 7 of the Criminal Law (Consolidation) (Scotland)

5

Act 1995 (c. 39) (procuring).

  102      An offence under section 9 of that Act (permitting girl to use premises for

intercourse).

  103               An offence under section 11 of that Act (trading in prostitution and brothel-

keeping).

10

  104      An offence under section 12 of that Act (allowing child to be in brothel).

  105      An offence under section 13(9) of that Act (living on earnings of male

prostitution etc.).

  106      An offence under section 50A of that Act (racially-aggravated harassment).

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

15

2001 (c. 17) (genocide, crimes against humanity, war crimes and related

offences), other than one involving murder.

  108      An offence under section 1 of the International Criminal Court (Scotland)

Act 2001 (asp 13) (genocide, crimes against humanity, war crimes and

related offences as specified in Schedule 1 to that Act).

20

  109      An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (asp

7) (traffic in prostitution etc.).

  110      An offence to which section 74 of that Act applies (offences aggravated by

religious prejudice).

  111      An offence under section 315 of the Mental Health (Care and Treatment)

25

(Scotland) Act 2003 (asp 13) (ill-treatment and wilful neglect of mentally

disordered person).

Northern Ireland

  112      Murder.

  113      Manslaughter.

30

  114      Kidnapping.

  115      Riot.

  116      Affray.

  117      False imprisonment.

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

35

(c. 100) (soliciting murder).

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

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

grievous bodily harm).

 

 

Sexual Offences Bill [HL]
Schedule 5 — Other offences for purposes of Part 2

    100

 

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

  122      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).

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

assist in the committing of any indictable offence).

5

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

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

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

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

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

10

do grievous bodily harm).

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

bodily injury).

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

to do grievous bodily harm).

15

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

passengers).

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

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

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

20

harm.

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

(causing explosion likely to endanger life or property).

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

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

25

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

1945 (c. 15) (child destruction).

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

5) (infanticide).

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

30

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

arrest).

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

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

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

35

(robbery or assault with intent to rob).

  141      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.

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

40

 

 

Sexual Offences Bill [HL]
Schedule 5 — Other offences for purposes of Part 2

    101

 

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

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

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

property) other than an offence of arson.

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

5

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

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

intent to cause fear of violence).

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

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

10

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

Order).

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

intent).

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

15

(hostage-taking).

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

(hijacking).

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

endangering safety of aircraft).

20

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

endanger safety of aircraft).

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

dangerous articles).

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

25

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

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

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

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

(torture).

30

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

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

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

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

platforms).

35

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

endangering their safety).

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

endanger safe navigation).

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

40

 

 

Sexual Offences Bill [HL]
Schedule 5 — Other offences for purposes of Part 2

    102

 

  164      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).

  165      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

  166      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).

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

(assaulting or obstructing a constable etc.).

10

  168      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).

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

2001 (c. 17) (genocide, crimes against humanity, war crimes and related

15

offences), other than one involving murder.

  170      An offence under section 48 of this Act, where the victim or (as the case may

be) other party was 16 or over.

  171      An offence under any of sections 49 to 54 or 57 to 59 of this Act.

Service offences

20

  172      An offence under—

              (a)             section 70 of the Army Act 1955,

              (b)             section 70 of the Air Force Act 1955, or

              (c)             section 42 of the Naval Discipline Act 1957,

           of which the corresponding civil offence (within the meaning of that Act) is

25

an offence under a provision listed in any of paragraphs 1 to 63.

General

  173      A reference in a preceding paragraph to an offence includes—

              (a)             a reference to an attempt, conspiracy or incitement to commit that

offence, and

30

              (b)             a reference to aiding, abetting, counselling or procuring the

commission of that offence.

  174      A reference in a preceding paragraph to a person’s age is a reference to his

age at the time of the offence.

 

 

 
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Revised 17 October 2003