(73-79)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  73  )

“SCHEDULE

Qualifying offences for purposes of section (Appeals in respect of

evidentiary rulings)

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.

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 (c. 69) 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 (c. 69).

(  74  )

Incest by a man with a girl under thirteen

10
An offence under section 10 of the Sexual Offences Act 1956 (c. 69)

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 (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

15
An offence under section 6 of the Sexual Offences Act 2003.

Causing or inciting a child under thirteen to engage in sexual activity

16
An offence under section 8 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.

Sexual activity with a person with a mental disorder

17
An offence under section 31 of the Sexual Offences Act 2003 where it is

alleged that the touching involved penetration within subsection (4)(a)

to (d) of that section.

Causing or inciting a person with a mental disorder to engage in sexual activity

18
An offence under section 32 of the Sexual Offences Act 2003 where it is

alleged that an activity involving penetration within subsection (4)(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)).

(  75  )

Unlawful exportation of Class A drug

20
An offence under section 68(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)).

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 (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

22
An offence under section 4(2) of the Misuse of Drugs Act 1971 (c. 38)

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 (c. 38)

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

(c. 3).

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).

(  76  )

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 (c. 36).

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 (c. 31).

Destroying ships or fixed platforms or endangering their safety

36
An offence under section 11 of the Aviation and Maritime Security Act

1990 (c. 31).

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.

(  77  )

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 4
308
Page 210, line 22, leave out paragraph 5
309
Page 210, line 28, leave out “or 2”
310
Page 211, line 4, leave out “or 2”
311
Page 211, line 9, at end insert—

“Assault by penetration


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

Causing a person to engage in sexual activity without consent


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 13


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

Attempted rape of a child under 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 13 by penetration


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

Causing or inciting a child under 13 to engage in sexual activity


An offence under section 8 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.

Sexual activity with a person with a mental disorder


An offence under section 31 of the Sexual Offences Act 2003 where it is

alleged that the touching involved penetration within subsection (4)(a)

to (d) of that section.

(  78  )

Causing or inciting a person with a mental disorder to engage in sexual activity


An offence under section 32 of the Sexual Offences Act 2003 where it is

alleged that an activity involving penetration within subsection (4)(a) to

(d) of that section was caused.”
312
Page 211, line 28, leave out paragraph 15
313
Page 211, line 33, leave out paragraph 16
314
Page 212, line 23, leave out paragraphs 24 to 30
315
Page 213, line 29, leave out paragraph 36
316
Page 215, line 2, leave out paragraph 46
317
Page 215, line 7, leave out paragraph 47
318
Page 216, line 3, leave out paragraphs 55 to 61
Schedule 6
319
Page 220, line 7, at end insert—

“( )
all the parties to the retrial agree otherwise;”
320
Page 220, line 19, at end insert—

“( )
all the parties to the retrial agree otherwise;”
321
Page 220, line 31, at end insert—

“( )
all the parties to the retrial agree otherwise;”
Schedule 7
322
Page 221, line 25, leave out “201(4)” and insert “201(2)”
323
Page 225, line 8, leave out from “which” to end of line 9 and insert “he could have

been dealt with for that offence by the court which made the order if the order had

not been made;”
324
Page 226, line 40, leave out “relevant” and insert “community”
325
Page 227, line 3, leave out sub-paragraph (7)
326
Page 227, line 27, leave out from “which” to end of line 29 and insert “he could have

been dealt with for that offence by the court which made the order if the order had

not been made.”
327
Page 228, line 22, at end insert—

“( )
in relation to any community order imposing a drug

rehabilitation requirement which is subject to review, the court

responsible for the order,”
328
Page 229, line 2, leave out from “which” to end of line 3 and insert “he could have

been dealt with for that offence by the court which made the order if the order had

not been made.”
329
Page 230, line 6, leave out from “to” to “that” in line 7 and insert “the appropriate

court”
330
Page 230, line 10, at end insert—

(  79  )

     “(2)
In this paragraph “the appropriate court” has the same meaning as in

paragraph 16.”
331
Page 231, line 15, leave out from first “which” to end of line 17 and insert “he could

have been dealt with for that offence by the court which made the order if the order

had not been made;”
332
Page 231, line 24, after “paragraph” insert “13,”
333
Page 231, line 39, leave out “a relevant” and insert “the”
Schedule 8
334
Page 233, line 12, leave out “for”
335
Page 233, line 45, leave out paragraph (d) and insert—

“(d)
subsection (4) of section 209 (availability of arrangements in local

area).”
336
Page 234, line 3, leave out “Mental Health (Scotland) Act 1984” and insert “Mental

Health (Care and Treatment) (Scotland) Act 2003”
337
Page 234, line 4, at end insert—

     “(5)
In section 206 (electronic monitoring requirement), in subsection (3), the

words from “and” onwards are omitted.”
338
Page 234, line 37, leave out “for”
339
Page 235, line 5, after “has” insert “effect”
340
Page 235, line 16, leave out paragraph (d) and insert—

“(d)
subsection (4) of section 209 (availability of arrangements in local

area).”
341
Page 235, line 26, at end insert—

     “(5)
In section 205 (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).

      (6)
In section 206 (electronic monitoring requirement), in subsection (3), the

words from “and” onwards are omitted.”
342
Page 237, line 22, leave out from “before” to “that” in line 23 and insert “a court in

England and Wales”
343
Page 237, line 36, leave out from “that” to end of line 38 and insert “the conditions

in paragraph 3(1)(a) and (b) are satisfied in relation to any requirement to be

imposed”
344
Page 237, line 44, leave out “the court which made the community order” and

insert “a court in England and Wales”
Schedule 9
345
Page 239, line 8, after “of” insert “the Secretary of State or”
346
Page 239, line 26, after “offender” insert “, the Secretary of State”
347
Page 239, line 44, after “offender” insert “, the Secretary of State”