Criminal Justice Act 1988

Scope of Schedule

1This Schedule applies—

(a)to an offence (whether at common law or under any enactment) specified in paragraph 2 below;

(b)to an offence specified in paragraph 3 below;

(c)to an offence not mentioned in either of those paragraphs—

(i)for which a person of 21 years of age or over and of full capacity (not previously convicted) may be sentenced to imprisonment for a term of five years; and

(ii)which is serious for the purposes of this Schedule.

2The offences mentioned in paragraph 1(a) above are—

(a)treason;

(b)murder;

(c)manslaughter;

(d)rape;

(e)kidnapping;

(f)incest with a girl under the age of 14;

(g)buggery with—

(i)a boy under the age of 16; or

(ii)a person who has not consented; and

(h)indecent assault which constitutes an act of gross indecency.

3The offences mentioned in paragraph 1(b) above are—

(a)causing an explosion likely to endanger life or property contrary to section 2 of the [1883 c. 3.] Explosives Substances Act 1883;

(b)intercourse with a girl under the age of 14 contrary to section 4 of the [1885 c. 69.] Criminal Law Amendment Act 1885;

(c)causing death by reckless driving contrary to Article 139(1) of the [S.I. 1981/154 (N.I.1).] Road Traffic (Northern Ireland) Order 1981;

(d)the following offences against the [S.I. 1981/155 (N.I.2).] Firearms (Northern Ireland) Order 1981—

(i)possession of firearm with intent to injure contrary to Article 17;

(ii)use of firearm or imitation firearm to resist arrest contrary to Article 18(1); and

(iii)carrying firearm with criminal intent contrary to Article 19;

(e)hostage-taking contrary to section 1 of the [1982 c. 28.] Taking of Hostages Act 1982;

(f)hi-jacking contrary to section 1 of the [1982 c. 36.] Aviation Security Act 1982; and

(g)torture contrary to section 134 above.

4(1)Subject to sub-paragraph (2) below, an offence not mentioned in paragraph 2 or 3 above is serious for the purposes of this Schedule only if its commission—

(a)has led to any of the consequences mentioned in sub-paragraph (3) below; or

(b)is intended or is likely to lead to any of those consequences.

(2)An offence which consists of making a threat is serious for the purposes of this Schedule if carrying out the threat would be likely to lead to any of the consequences specified in sub-paragraph (3) below.

(3)The consequences mentioned in sub-paragraphs (1) and (2) above are—

(a)serious harm to the security of the State or to public order;

(b)serious interference with the administration of justice or with the investigation of offences or of a particular offence;

(c)the death of any person;

(d)serious injury to any person;

(e)substantial financial gain to any person; and

(f)serious financial loss to any person.

(4)Loss is serious for the purposes of this Schedule if, having regard to all the circumstances, it is serious for the person who suffers it.

(5)In this paragraph “injury” includes any disease and any impairment of a person’s physical or mental condition.

5A person arrested under section 12(1)(b) of the [1984 c. 8.] Prevention of Terrorism (Temporary Provisions) Act 1984 is to be treated for the purposes of this Schedule as having been arrested on suspicion of involvement in an offence to which this Schedule applies and any reference in the following provisions of this Schedule to such an offence includes a reference to being or having been concerned in the commission, preparation or instigation of acts of terrorism to which Part IV of that Act applies.