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Sexual Offences Act 2003

Status:

This is the original version (as it was originally enacted).

Section 104

SCHEDULE 5Other offences for purposes of Part 2

This schedule has no associated Explanatory Notes

England and Wales

1Murder.

2Manslaughter.

3Kidnapping.

4False imprisonment.

5An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).

6An offence under section 16 of that Act (threats to kill).

7An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).

8An offence under section 20 of that Act (malicious wounding).

9An offence under section 21 of that Act (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence).

10An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence).

11An offence under section 23 of that Act (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm).

12An offence under section 27 of that Act (abandoning children).

13An offence under section 28 of that Act (causing bodily injury by explosives).

14An offence under section 29 of that Act (using explosives etc. with intent to do grievous bodily harm).

15An offence under section 30 of that Act (placing explosives with intent to do bodily injury).

16An offence under section 31 of that Act (setting spring guns etc. with intent to do grievous bodily harm).

17An offence under section 32 of that Act (endangering the safety of railway passengers).

18An offence under section 35 of that Act (injuring persons by furious driving).

19An offence under section 37 of that Act (assaulting officer preserving wreck).

20An offence under section 38 of that Act (assault with intent to resist arrest).

21An offence under section 47 of that Act (assault occasioning actual bodily harm).

22An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property).

23An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).

24An offence under section 1 of the Infant Life (Preservation) Act 1929 (c. 34) (child destruction).

25An offence under section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty to children).

26An offence under section 1 of the Infanticide Act 1938 (c. 36) (infanticide).

27An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life).

28An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence).

29An offence under section 17(1) of that Act (use of firearm to resist arrest).

30An 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).

31An offence under section 18 of that Act (carrying a firearm with criminal intent).

32An offence under section 8 of the Theft Act 1968 (c. 60) (robbery or assault with intent to rob).

33An 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.

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

35An offence under section 12A of that Act (aggravated vehicle-taking) involving an accident which caused the death of any person.

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

37An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.

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

39An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).

40An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).

41An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).

42An offence under section 4 of that Act (offences in relation to certain dangerous articles).

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

44An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).

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

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

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

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

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

50An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).

51An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).

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

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

54An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).

55An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).

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

57An offence under section 4 of the Protection from Harassment Act 1997 (c. 40) (putting people in fear of violence).

58An offence under section 29 of the Crime and Disorder Act 1998 (c. 37) (racially or religiously aggravated assaults).

59An 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)).

60An 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).

61An 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.

62An offence under section 47 of this Act, where the victim or (as the case may be) other party was 16 or over.

63An offence under any of sections 48 to 53 or 57 to 59 of this Act.

Scotland

64Murder.

65Culpable homicide.

66Assault.

67Assault and robbery.

68Abduction.

69Plagium.

70Wrongful imprisonment.

71Threatening personal violence.

72Breach of the peace inferring personal violence.

73Wilful fireraising.

74Culpable and reckless fireraising.

75Mobbing and rioting.

76An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property).

77An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosives with intent to endanger life or property).

78An offence under section 12 of the Children and Young Persons (Scotland) Act 1937 (c. 37) (cruelty to persons under 16).

79An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life).

80An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence).

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

82An 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).

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

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

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

86An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).

87An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).

88An offence under section 4 of that Act (offences in relation to certain dangerous articles).

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

90An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).

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

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

93An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).

94An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).

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

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

97An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).

98An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).

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

100An 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).

101An offence under section 7 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (procuring).

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

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

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

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

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

107An 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.

108An 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).

109An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (asp 7) (traffic in prostitution etc.).

110An offence to which section 74 of that Act applies (offences aggravated by religious prejudice).

111An offence under section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (ill-treatment and wilful neglect of mentally disordered person).

Northern Ireland

112Murder.

113Manslaughter.

114Kidnapping.

115Riot.

116Affray.

117False imprisonment.

118An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).

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

120An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).

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

122An offence under section 21 of that Act (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence).

123An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence).

124An offence under section 23 of that Act (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm).

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

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

127An offence under section 29 of that Act (using explosives etc. with intent to do grievous bodily harm).

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

129An offence under section 31 of that Act (setting spring guns etc. with intent to do grievous bodily harm).

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

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

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

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

134An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property).

135An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).

136An offence under section 25 of the Criminal Justice (Northern Ireland) Act 1945 (c. 15) (child destruction).

137An offence under section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5) (infanticide).

138An offence under section 7(1)(b) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28) (assault with intent to resist arrest).

139An offence under section 20 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34) (cruelty to children).

140An offence under section 8 of the Theft Act (Northern Ireland) 1969 (c. 16) (robbery or assault with intent to rob).

141An 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.

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

143An offence of arson under Article 3 of the Criminal Damage Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)).

144An offence under Article 3(2) of that Order (destroying or damaging property) other than an offence of arson.

145An 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).

146An offence under Article 17A of that Order (possession of firearm with intent to cause fear of violence).

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

148An 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).

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

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

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

152An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).

153An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).

154An offence under section 4 of that Act (offences in relation to certain dangerous articles).

155An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).

156An offence under Article 121 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4) (ill-treatment of patients).

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

158An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).

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

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

161An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).

162An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).

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

164An 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).

165An offence under Article 14 of that Order (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs).

166An 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).

167An offence under section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assaulting or obstructing a constable etc.).

168An 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).

169An 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.

170An offence under section 47 of this Act, where the victim or (as the case may be) other party was 17 or over.

171An offence under any of sections 48 to 53 or 57 to 59 of this Act.

Service offences

172An offence under—

(a)section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),

(b)section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), or

(c)section 42 of the Naval Discipline Act 1957 (c. 53),

of which the corresponding civil offence (within the meaning of that Act) is an offence under a provision listed in any of paragraphs 1 to 63.

General

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

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

(b)a reference to aiding, abetting, counselling or procuring the commission of that offence.

174A 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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