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2U.K.In the application of the said section three to Scotland, the expression “offence against the person” means any of the following offences, that is to say:—
(a)murder, culpable homicide, rape [F1, torture], robbery, assault, incest, sodomy, lewd, indecent and libidinous practices, procuring abortion, abduction, cruel and unnatural treatment of persons, threats to murder or to injure persons; and
(b)any offence not falling within the last foregoing sub-paragraph, being an offence punishable under any of the following enactments:—
(i)the M1Criminal Law Amendment Act, 1885;
(ii)section forty-six of the M2Mental Deficiency and Lunacy (Scotland) Act, 1913 (which relates to certain offences against mentally defective females); [F2and]
(iii)sections twelve to sixteen and twenty-two of the M3Children and Young Persons (Scotland) Act, 1937.
[F3(iv)section 52(1)(a) of the Civic Government (Scotland) Act 1982.]
[F4(v)section 184 of the Online Safety Act 2023;]
[F5(c)an offence of making such a threat as is mentioned in subsection (3)(a) of section 1 of the Internationally Protected Persons Act 1978 and the following offence against a protected person within the meaning of that section, namely, an offence under section 2 of the Explosive Substances Act 1883 of causing an explosion likely to endanger life.]
[F6(d)an offence under section 2 of the Nuclear Material (Offences) Act 1983, where the circumstances are that—
(i)in the case of a contravention of subsection (2); the act falling within paragraph (a) or (b) of that subsection would, had it been done, have constituted an offence falling within sub-paragraph (a) or (b) of this paragraph, or
(ii)in the case of a contravention of subsection (3) or (4), the act threatened would, had it been done, have constituted such an offence]
[F7(e)an offence of making such a threat as is mentioned in section 3 of the United Nations Personnel Act 1997 and an offence of causing an explosion likely to endanger life, committed against a UN worker (within the meaning of that Act), under section 2 of the Explosive Substances Act 1883.]
Textual Amendments
F1Word inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(1), Sch. 15 para. 15
F2Word repealed (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 52(6)
F3Sch. para. 2(b)(iv) added (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 52(6)
F4Sch. para. 2(b)(v) inserted (31.1.2024) by Online Safety Act 2023 (c. 50), s. 240(1), Sch. 14 para. 7(3); S.I. 2024/31, reg. 2
F6Sch. para. 2(d) added (2.10.1991) by Nuclear Material (Offences) Act 1983 (c. 18, SIF 8), ss. 4(2)(a), 8(2); S.I. 1991/1716, art. 2
F7Sch. para. 2(e) inserted (27.4.1997) by 1997 c. 13, ss. 7, 10(2), Sch. para. 1(3)
Marginal Citations