SCHEDULE Offences referred to in s. 3

1

In the application of section three of this Act to England and Wales and to Northern Ireland, the expression “offence against the person” means any of the following offences, that is to say:—

F38za

F41rape and buggery (offences under the law of Northern Ireland);

a

murder, manslaughter, F35... F1, torture, F35... F2robbery and assault F3and any offence of aiding, abetting, counselling or procuring suicide or an attempt to commit suicide; and

b

any offence not falling within the foregoing sub-paragraph, being an offence punishable under any of the following enactments:—

i

the Offences against the M1Person Act, 1861, except section fifty-seven thereof (which relates to bigamy);

F4ii

the M2Criminal Law Amendment Act 1885;

iii

the M3Punishment of Incest Act, 1908;

iv

F40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 section eighty-nine of the M4 Mental Health Act (Northern Ireland), 1948 (which relate respectively to certain offences against mentally defective females);

v

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

vi

sections one to five and section eleven of the M5Children and Young Persons Act, 1933, and sections eleven, twelve, fourteen, fifteen, sixteen and twenty-one of the M6Children and Young Persons Act (Northern Ireland), 1950; and

vii

the M7Infanticide Act, 1938 and the M8Infanticide Act (Northern Ireland), 1939. F7and

vii

article 3(1)( a ) of the Protection of Children (Northern Ireland) Order 1978

F36 viii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8ix

section 1(1)( a ) of the Protection of Children Act 1978

F9x

the Child Abduction Act 1984.

F34F10xi

the Female Genital Mutilation Act 2003;

F11xii

the Child Abduction (Northern Ireland) Order 1985

F37xiii

Part 1 of the Sexual Offences Act 2003.

F42xiv

the Sexual Offences (Northern Ireland) Order 2008.

F12c

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 any of the following offences against a protected person within the meaning of that section, namely an offence of kidnapping, an offence of false imprisonment and an offence under section 2 of the Explosive Substances Act 1883 of causing an explosion likely to endanger life.

F13d

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

F14 e

an offence of making such a threat as is mentioned in section 3 of the United Nations Personnel Act 1997 and any of the following offences against a UN worker within the meaning of that Act—

i

an offence of kidnapping;

ii

an offence of false imprisonment;

iii

an offence under section 2 of the Explosive Substances Act 1883 of causing an explosion likely to endanger life.

2

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 F15, 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 M9Criminal Law Amendment Act, 1885;

ii

section forty-six of the M10Mental Deficiency and Lunacy (Scotland) Act, 1913 (which relates to certain offences against mentally defective females); F16and

iii

sections twelve to sixteen and twenty-two of the M11Children and Young Persons (Scotland) Act, 1937.

F17iv

section 52(1)(a) of the Civic Government (Scotland) Act 1982.

F18c

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.

F19d

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

F20e

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.

3

In the application of the said section three to England and Wales and to Northern Ireland, the expression “offence against property” means any offence punishable under any of the following enactments, that is to say:—

a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

b

the M12Malicious Damage Act, 1861;

c

section thirteen of the M13Debtors Act, 1869, and section thirteen of the M14Debtors Act (Ireland), 1872 (which relate respectively to the obtaining of credit by false pretences and to certain frauds on creditors);

d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

f

section twenty-eight of the M15Road Traffic Act, 1930, and section four of the M16Motor Vehicles and Road Traffic Act (Northern Ireland), 1930 (which relate respectively to the taking of a motor vehicle without the owner’s consent.)

F22g

the M17Theft Act 1968, except section 8 (robbery);

F23g

the M18Theft Act (Northern Ireland) 1969, except section 8 (robbery);

F24h

the Criminal Damage (Northern Ireland) Order 1977.

F25h

the M19Criminal Damage Act 1971.

F26i

an offence under section 2 of the M22Explosive Substances Act 1883 of causing an explosion likely to cause serious injury to property in connection with such an attack as is mentioned in section 1(1)(b) of the Internationally Protected Persons Act 1978.

F27j

the Theft Act 1978; F28and the Theft (Northern Ireland) Order 1978

F29k

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 the foregoing sub-paragraphs, 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.

F30l

an offence under section 2 of the Explosive Substances Act 1883 of causing an explosion likely to cause serious injury to property in connection with such an attack as is mentioned in section 2(1) of the United Nations Personnel Act 1997.

F39m

the M21Fraud Act 2006.

4

In the application of the said section three to Scotland, the expression “offence against property” means any of the following offences, that is to say:—

a

theft, housebreaking with intent to steal, opening lockfast places with intent to steal, reset, plagium, breach of trust and embezzlement, falsehood, fraud and wilful imposition, threats to extort money or with intent to extort money, and malicious mischief; and

b

any offence under section twenty-eight of the M20Road Traffic Act, 1930.

F31c

any of the following offences in connection with such an attack as is mentioned in section 1(1)(b) of the Internationally Protected Persons Act 1978, namely an offence of wilful fireraising and an offence under section 2 of the Explosive Substances Act 1883 of causing an explosion likely to cause serious injury to property.

F32d

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

F33e

any of the following offences in connection with such an attack as is mentioned in section 2(1) of the United Nations Personnel Act 1997—

i

an offence of wilful fireraising;

ii

an offence under section 2 of the Explosive Substances Act 1883 of causing an explosion likely to cause serious injury to property.