http://www.legislation.gov.uk/id/nisr/2008/201

SCHEDULE

Regulations 3 and 4

1

The offences specified for the purposes of regulation 3 are—

a

the offence of rape contrary to the common law of Scotland, where the offence was committed against a child;

b

the offence of rape contrary to the common law of Northern Ireland, where the offence was committed against a child;

c

any offence contrary to a provision specified in the first column of Part 1 of the table set out in this paragraph, where it was committed in circumstances specified in the corresponding entry in the second column of that Part of that table;

d

any offence contrary to a provision specified in Part 2 of that table;

e

any offence contrary to—

i

section 70 of the Army Act 19555,

ii

section 70 of the Air Force Act 19556, or

iii

section 42 of the Naval Discipline Act 19577,

which corresponds to an offence contrary to any provision specified in the first column of Part 1 of that table and which was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;

f

any offence contrary to—

i

section 70 of the Army Act 1955,

ii

section 70 of the Air Force Act 1955, or

iii

section 42 of the Naval Discipline Act 1957,

which corresponds to an offence contrary to any provision specified in Part 2 of that table; and

g

any offence contrary to section 42 of the Armed Forces Act 20068, where—

i

the corresponding offence under the law of England and Wales is one contrary to a provision specified in the first column of Part 1 of that table, and the offence under the Armed Forces Act 2006 was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table, or

ii

the corresponding offence under the law of England and Wales is one contrary to a provision specified in Part 2 of that table.

Table

Part 1
Provision	Circumstances
Sexual Offences Act 1956, section 19	The offence was committed against a child
Mental Health Act 1959, section 12810	The offence was committed against a child
Mental Health (Northern Ireland) Order 1986, Article 122(1)(a)11	The offence was committed against a child
Mental Health (Northern Ireland) Order 1986, Article 12312	The offence was committed against a child
Mental Health (Care and Treatment)(Scotland) Act 2003, section 31113	The offence was committed against a child
Mental Health (Care and Treatment)(Scotland) Act 2003, section 31314	The offence was committed against a child
Sexual Offences Act 2003, section 115	The offence was committed against a child
Sexual Offences Act 2003, section 2	The offence was committed against a child
Sexual Offences Act 2003, section 30	The offence was committed against a child
Sexual Offences Act 2003, section 31	The person caused or incited to engage in sexual activity was a child
Sexual Offences Act 2003, section 32	The person who was present or in a place from which the person committing the offence could be observed was a child
Sexual Offences Act 2003, section 33	The person caused to watch the sexual activity in question was a child
Sexual Offences Act 2003, section 34	The offence was committed against a child
Sexual Offences Act 2003, section 35	The person induced, threatened or deceived was a child
Sexual Offences Act 2003, section 36	The person who agreed to be present or in a place from which the person committing the offence could be observed was a child
Sexual Offences Act 2003, section 37	The person induced, threatened or deceived was a child
Sexual Offences Act 2003, section 38	The offence was committed against a child
Sexual Offences Act 2003, section 39	The person caused or incited to engage in sexual activity was a child
Sexual Offences Act 2003, section 40	The person who was present or in a place from which the person committing the offence could be observed was a child
Sexual Offences Act 2003, section 41	The person caused to watch the sexual activity in question was a child

Part 2
Provision
Criminal Law Amendment Act 1885, section 416
Sexual Offences Act 1956, section 517
Criminal Law (Consolidation) (Scotland) Act 1995, section 5(1) or (2)18
Sexual Offences Act 2003, section 5
Sexual Offences Act 2003, section 6
Sexual Offences Act 2003, section 7
Sexual Offences Act 2003, section 8

2

The offences specified for the purposes of regulation 4 are—

a

any offence contrary to a provision specified in the table set out in this paragraph;

b

any offence contrary to—

i

section 70 of the Army Act 1955,

ii

section 70 of the Air Force Act 1955, or

iii

section 42 of the Naval Discipline Act 1957,

which corresponds to an offence contrary to any provision specified in that table; and

c

any offence contrary to section 42 of the Armed Forces Act 2006, where the corresponding offence under the law of England and Wales is one contrary to a provision specified in that table.

Table

Provision
Mental Health (Northern Ireland) Order 1986, Article 122(1)(a)
Mental Health (Northern Ireland) Order 1986, Article 123
Mental Health (Care and Treatment)(Scotland) Act 2003, section 311
Mental Health (Care and Treatment)(Scotland) Act 2003, section 313
Sexual Offences Act 2003, section 30
Sexual Offences Act 2003, section 31
Sexual Offences Act 2003, section 32
Sexual Offences Act 2003, section 33
Sexual Offences Act 2003, section 34
Sexual Offences Act 2003, section 35
Sexual Offences Act 2003, section 36
Sexual Offences Act 2003, section 37
Sexual Offences Act 2003, section 38
Sexual Offences Act 2003, section 39
Sexual Offences Act 2003, section 40
Sexual Offences Act 2003, section 41