The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2016

SCHEDULE A1OFFENCES WHICH MUST ALWAYS BE DISCLOSED

Article 2A

Common law offences

1

Abduction.

2

Abortion.

3

Assault to the danger of life.

4

Assault to severe injury.

5

Assault with intent to rape or ravish.

6

Assault with intent to commit the statutory offence of rape.

7

Bestiality.

8

Cruel and unnatural treatment of persons.

9

Culpable homicide.

10

Drugging.

11

Extortion.

12

Hamesucken.

13

Hijacking.

14

Piracy.

15

Plagium.

16

Reset of plagium.

17

Treason.

18

Uttering threats.

Statutory offences

Armed forces19

An offence under section 42 of the Armed Forces Act 20064 (criminal conduct) where the corresponding offence under the law of England and Wales is, or corresponds to, an offence listed in this Schedule.

Aviation and maritime

20

An offence under the Piracy Act 18375.

21

An offence under any of the following provisions of the Aviation Security Act 19826—

a

section 1 (hijacking);

b

section 2 (destroying, damaging or endangering safety of aircraft);

c

section 3 (other acts endangering or likely to endanger safety of aircraft); and

d

section 4 (offences in relation to certain dangerous articles).

22

An offence under section 9 of the Aviation and Maritime Security Act 19907 (hijacking of ships).

23

An offence under article 241 of the Air Navigation Order 20098 in respect of a contravention of article 137 of that Order (endangering safety of aircraft).

Children24

An offence under section 12 of the Children and Young Persons (Scotland) Act 19379 (cruelty to persons under 16).

Explosives25

An offence under the Explosive Substances Act 188310.

Firearms and other weapons

26

An offence under any of the following provisions of the Firearms Act 196811—

a

section 4 (conversion of weapons)12;

b

section 5 (weapons subject to a general prohibition)13;

c

section 16 (possession of firearm with intent to injure);

d

section 16A14 (possession of firearm with intent to cause fear or violence);

e

section 1715 (use of firearm to resist arrest);

f

section 18 (carrying firearm with criminal intent);

g

section 1916 (carrying firearm in a public place);

h

section 2017 (trespassing with firearm);

i

section 2118 (possession of firearm by persons previously convicted of crime);

j

section 2419 (supplying firearms to minors);

k

section 25 (supplying firearm to person drunk or insane);

l

section 28A(7)20 (certificates: supplementary);

m

section 2921 (variation of firearm certificates);

n

section 30D(3) (revocation of certificates: supplementary)22;

o

section 3923 (offences in connection with registration);

p

section 4024 (compulsory register of transactions in firearms);

q

section 46(5) (power of search with warrant);

r

section 47 (powers of constables to stop and search); and

s

section 48 (production of certificates).

27

An offence under the Chemical Weapons Act 199625.

Forced marriage28

An offence under section 122 of the Anti-social Behaviour, Crime and Policing Act 2014 (offence of forced marriage: Scotland)26.

Human trafficking and exploitation

29

An offence under section 22 of the Criminal Justice (Scotland) Act 200327 (traffic in prostitution etc.).

30

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 200428 (trafficking people for exploitation).

31

An offence under section 47 of the Criminal Justice and Licensing (Scotland) Act 201029 (slavery, servitude and forced or compulsory labour).

32

An offence under the Prohibition of Female Genital Mutilation (Scotland) Act 200530.

Medical professions etc.

33

An offence under section 10Z9 of the National Health Service (Scotland) Act 197831 (offences in relation to registration).

34

An offence under any of the following provisions of the Medical Act 198332—

a

section 49 (penalty for pretending to be registered)33; and

b

section 49A (penalty for pretending to hold a licence to practise)34 .

35

An offence under article 38 (offences relating to the Register) of the Pharmacy Order 201035.

Medicines36

An offence under any of the following provisions of the Medicines Act 196836—

a

section 67(1A) and (1B) (offences under Part III)37; and

b

section 78 (restrictions on use of titles, descriptions and emblems)38.

Official Secrets37

An offence under the Official Secrets Act 191139.

Prostitution38

An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 199540—

a

section 741 (procuring);

b

section 1142 (trading in prostitution and brothel-keeping); and

c

section 12 (allowing child to be in brothel).

Road traffic39

An offence under any of the following provisions of the Road Traffic Act 198843—

a

section 144 (causing death by dangerous driving);

b

section 3ZC45 (causing death by driving: disqualified drivers); and

c

section 3A46 (causing death by careless driving when under influence of drink or drugs).

Serious organised crime40

An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 201047—

a

section 28 (involvement in serious organised crime);

b

section 30 (directing serious organised crime); and

c

section 31 (failure to report serious organised crime).

Sexual offences

41

An offence under section 50(3) of the Customs and Excise Management Act 197948 (penalty for improper importation of goods) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 187649, but only where the prohibited goods include indecent photographs of persons.

42

A sexual offence within the meaning given by section 210A(10) of the Criminal Procedure (Scotland) Act 199550 other than an offence mentioned in paragraph (xxvii)(ZF) or (ZG) of that section (engaging while an older child in sexual conduct with or towards another older child).

43

An offence under section 113 of the Sexual Offences Act 200351 (breach of sexual offences prevention order or interim sexual offences prevention order, etc.).

44

An offence under section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (offence: breach of RSHO or interim RSHOetc.)52.

Stalking and harassment

45

An offence under section 50A of the Criminal Law (Consolidation) (Scotland) Act 199553 (racially aggravated harassment).

46

An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 201054—

a

section 38 (threatening or abusive behaviour); and

b

section 39 (offence of stalking).

Terrorism

47

An offence under any of the following provisions of the Terrorism Act 200055—

a

section 11 (membership);

b

section 12 (support);

c

section 15 (fund-raising);

d

section 16 (use and possession);

e

section 17 (funding arrangements);

f

section 17A(2) or (4) (insurance payments made in response to terrorist demands)56;

g

section 18 (money laundering);

h

section 1957 (disclosure of information: duty);

i

section 21A58 (failure to disclose: regulated sector);

j

section 21D59 (tipping off: regulated sector);

k

section 38B60 (information about acts of terrorism);

l

section 3961 (disclosure of information, &c.);

m

section 54 (weapons training)62;

n

section 56 (directing terrorist organisation);

o

section 57 (possession for terrorist purposes)63;

p

section 58 (collection of information)64;

q

section 58A (eliciting, publishing or communicating)65; and

r

section 61 (inciting terrorism overseas).

48

An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 200166—

a

section 47 (use etc. of nuclear weapons);

b

section 50 (assisting or inducing certain weapons-related acts overseas);

c

section 52 (powers of entry);

d

section 54 (offences);

e

section 67 (offences);

f

section 79 (prohibition of disclosures relating to nuclear security)67;

g

section 80 (prohibition of disclosures of uranium enrichment technology)68;

h

section 113 (use of noxious substances or things to cause harm and intimidate)69;

i

section 114 (hoaxes involving noxious substances or things); and

j

paragraph 7 of Schedule 3 (offences).

49

An offence under the Terrorism Act 200670.

50

An offence under any of the following provisions of the Counter-Terrorism Act 200871—

a

section 2 (offence of obstruction);

b

section 54 (offences relating to notification);

c

paragraph 15 of Schedule 5 (breach of foreign travel restriction order and offence);

d

paragraph 30 of Schedule 7 (offences: failure to comply with requirement imposed by direction);

e

paragraph 30A of Schedule 772 (offences: relevant person circumventing requirements); and

f

paragraph 31 of Schedule 7 (offences in connection with licences).

Violent offender orders51

An offence under section 113(1) of the Criminal Justice and Immigration Act 200873 (breach of violent offender order or interim violent offender order).

Vulnerable persons

52

An offence under section 83 of the Adults with Incapacity (Scotland) Act 200074 (offence of ill-treatment and wilful neglect).

53

An offence under section 315 of the Mental Health (Care and Treatment) (Scotland) Act 200375 (ill-treatment and wilful neglect of mentally disordered person).

54

An offence under any of the following provisions of the Protection of Vulnerable Groups (Scotland) Act 200776—

a

section 34 (barred individuals not to do regulated work);

b

section 35 (organisations not to use barred individuals for regulated work); and

c

section 36 (personnel suppliers not to supply barred individuals for regulated work).

55

Any offence where the conduct in respect of which the person was convicted also constituted a breach of a banning order granted under section 19 of the Adult Support and Protection (Scotland) Act 200777 (banning orders).

Witness protection56

An offence under any of the following provisions of the Serious Organised Crime and Police Act 200578—

a

section 86 (offence of disclosing information about protection arrangements); and

b

section 88 (offences of disclosing information relating to persons assuming new identity).

Statutory aggravations57

An offence in relation to which either of the following provisions applies—

a

section 29(1) of the Criminal Justice and Licensing (Scotland) Act 201079 (offences aggravated by connection with serious organised crime); or

b

section 31 of the Counter-Terrorism Act 2008 (offences aggravated by terrorism)80.

Other

Common law aggravations

58

An offence the conviction for which indicates that it was committed against a child.

59

An offence the conviction for which indicates that it included a sexual element.

Inchoate offences

60

An offence committed by aiding, abetting, counselling, procuring or inciting the commission of the offence of murder or any offence listed in paragraphs 1 to 59 of this Schedule.

61

An offence committed by attempting or conspiring to commit the offence of murder or any offence listed in paragraphs 1 to 59 of this Schedule.

Superseded offences62

An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 61 of this Schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).

Combined offences63

An offence which was charged, and the conviction for which was received, in conjunction with any offence listed in paragraphs 1 to 62 of this Schedule.

Corresponding offences elsewhere in the UK or abroad64

An offence under the law of England and Wales or Northern Ireland, or any country or territory outside the United Kingdom, which corresponds to any offence listed in paragraphs 1 to 63 of this Schedule.

SCHEDULE B1OFFENCES WHICH ARE TO BE DISCLOSED SUBJECT TO RULES

Articles 2A, 4 and 5

Common law offences

1

An offence of perverting, or attempting to pervert, the course of justice (by whatever means and however the offence is described), including in particular—

a

perjury;

b

prevarication on oath;

c

prison breaking; and

d

subornation of perjury.

2

Assault excluding any assault of a kind listed in Schedule A1.

3

Breach of the peace.

4

Clandestinely taking possession.

5

Culpable and reckless conduct.

6

Culpable and reckless endangering of the public.

7

Culpable and reckless fireraising.

8

Embezzlement.

9

False accusation of a crime.

10

Fraud.

11

Housebreaking with intent to steal.

12

Mobbing and rioting.

13

Opening a lockfast place with intent to steal.

14

Public indecency.

15

Reset (excluding reset of plagium).

16

Robbery.

17

Theft (excluding plagium).

18

Uttering.

19

Wilful fireraising.

Statutory offences

Adult support and protection20

An offence under section 49 of the Adult Support and Protection (Scotland) Act 200781 (obstruction).

Animals

21

An offence under the Rabies (Importation of Dogs, Cats and Other Mammals) Order 197482.

22

An offence under any of the following provisions of the Wildlife and Countryside Act 198183—

a

section 184 (protection of wild birds, their nests and eggs and prevention of poaching);

b

section 585 (prohibition of certain methods of killing or taking wild birds);

c

section 986 (protection of other wild animals and prevention of poaching);

d

section 1187 (prohibition of certain methods of killing or taking wild animals);

e

section 11A, 11B and 11C88 (offences in relation to snares);

f

section 14ZC89 (prohibition on keeping etc. of invasive animals or plants);

g

section 15A90 (possession of pesticides); and

h

section 18 (attempts to commit offences etc.), but only in relation to an offence listed in sub-paragraphs (a) to (g) of this paragraph.

23

An offence under the Dangerous Dogs Act 199191.

24

An offence under the Protection of Badgers Act 199292.

25

An offence under any of the following provisions of the Conservation (Natural Habitats, &c.) Regulations 199493—

a

regulation 3994 (protection of certain wild animals); and

b

regulation 4195 (prohibition of certain methods of taking or killing wild animals).

26

An offence under the Welfare of Animals (Slaughter or Killing) Regulations 199596.

27

An offence under the Wild Mammals Protection Act 199697.

28

An offence under the Protection of Wild Mammals (Scotland) Act 200298.

29

An offence under the Animal Health and Welfare (Scotland) Act 200699.

Armed forces30

An offence under section 42 of the Armed Forces Act 2006100 (criminal conduct) where the corresponding offence under the law of England and Wales is, or corresponds to, an offence listed in this Schedule.

Assaulting or hindering public officials

31

An offence under section 89 of the Police Act 1996101 (assaults on constables).

32

An offence under section 32 of the Commissioners for Revenue and Customs Act 2005102 (assault).

33

An offence under the Emergency Workers (Scotland) Act 2005103.

34

An offence under section 85 of the Fire (Scotland) Act 2005104 (false alarms).

35

An offence under section 90 of the Police and Fire Reform (Scotland) Act 2012105 (assaulting or impeding police).

Aviation36

An offence under any of the following provisions of the Aviation Security Act 1982106—

a

section 20B107 (detention direction); and

b

section 21FA108 (air cargo agents: documents).

Bomb hoaxes37

An offence under section 51 of the Criminal Law Act 1977109 (bomb hoaxes).

Bribery38

An offence under the Bribery Act 2010110.

Care services

39

An offence under any of the following provisions of the Regulation of Care (Scotland) Act 2001111—

a

section 45112 (application for registration under Part 3); and

b

section 52 (use of title “social worker” etc.).

40

An offence under any of the following provisions of the Public Services Reform (Scotland) Act 2010113—

a

section 80(1) (offences in relation to registration under Chapter 3);

b

section 81 (false statements in application under Chapter 3); and

c

section 90 (offences under Chapter 4).

41

An offence under article 27 of the Public Services Reform (General Teaching Council for Scotland) Order 2011114 (offences).

42

An offence under regulation 19 of the Social Care and Social Work Improvement (Scotland) (Requirements for Care Services) Regulations 2011115 (offences).

Charities43

An offence under the Charities and Trustee Investment (Scotland) Act 2005116.

Child Support44

An offence under section 50 of the Child Support Act 1991117 (unauthorised disclosure of information).

Children45

An offence under section 6 of the Child Abduction Act 1984118 (offence in Scotland of parent, etc. taking or sending child out of United Kingdom).

Crossbows46

An offence under section 1 of the Crossbows Act 1987119 (sale and letting on hire).

Domestic abuse47

An offence under section 2 of the Domestic Abuse (Scotland) Act 2011120 (breach of domestic abuse interdict with power of arrest).

Drugs

48

An offence under any of the following provisions of the Misuse of Drugs Act 1971121—

a

section 3122 (restriction of importation and exportation of controlled drugs);

b

section 4123 (restriction of production and supply of controlled drugs);

c

section 4A124 (aggravation of offence of supply of controlled drug);

d

section 5(3) (restriction of possession of controlled drugs);

e

section 6 (restriction of cultivation of cannabis plant);

f

section 8(a) and (b) (occupiers etc. of premises to be punishable for certain activities taking place there);

g

section 12125 (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners etc. convicted of certain offences);

h

section 13126 (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners in other cases);

i

section 17 (power to obtain information from doctors, pharmacists etc. in certain circumstances);

j

section 19127 (attempts etc. to commit offences), but only in relation to an offence listed in sub-paragraphs (a) to (i) of this paragraph; and

k

section 20 (assisting in or inducing commission outside United Kingdom of offence punishable under corresponding law).

49

An offence under any of the following provisions of the Customs and Excise Management Act 1979128 in relation to goods prohibited to be imported or exported under section 3(1) of the Misuse of Drugs Act 1971129 (restriction of importation and exportation of controlled drugs)—

a

section 50(2) or (3) (penalty for improper importation of goods);

b

section 68(2) (offences in relation to exportation of prohibited or restricted goods); and

c

section 170 (fraudulent evasion of duty).

50

An offence under the Criminal Justice (International Co-operation) Act 1990130.

Escape from custody etc.

51

An offence under section 316 of the Mental Health (Care and Treatment) (Scotland) Act 2003131 (inducing and assisting absconding etc.).

52

An offence under section 91 of the Police and Fire Reform (Scotland) Act 2012132 (escape from custody).

Financial Services

53

An offence under the Financial Services and Markets Act 2000133.

54

An offence under the Financial Services Act 2012134.

Fire safety55

An offence under section 72(1) or (3) of the Fire (Scotland) Act 2005 (offences)135.

Firearms

56

An offence under any of the following provisions of the Firearms Act 1968136—

a

section 1 (requirement of firearms certificate)137;

b

section 2 (requirement of certificate for possession of shot guns);

c

section 3 (business and other transactions with firearms and ammunition)138;

d

section 22 (acquisition and possession of firearms by minors)139; and

e

section 23 (exceptions from section 22(4))140.

57

An offence under section 50(5) of the Civic Government (Scotland) Act 1982141 (drunk in possession of firearm).

58

An offence under the Firearms (Amendment) Act 1997142.

59

An offence under any of the following provisions of the Violent Crime Reduction Act 2006143—

a

section 28 (using someone to mind a weapon);

b

section 32 (sales of air weapons by way of trade or business to be face to face);

c

section 35 (restriction on sale and purchase of primers); and

d

section 36 (manufacture, import and sale of realistic imitation firearms).

Food safety and standards

60

An offence under any of the following provisions of the Food Safety Act 1990144—

a

section 7145 (rendering food injurious to health); and

b

section 9146 (inspection and seizure of suspected food).

61

An offence under regulation 4(b) of the General Food Regulations 2004147.

Forced marriage62

An offence under section 9 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (offence of breaching order)148.

Fraud and forgery

63

An offence under the Forgery and Counterfeiting Act 1981149.

64

An offence under section 46A of the Criminal Law (Consolidation) (Scotland) Act 1995 (false monetary instruments)150.

65

An offence under section 49 of the Criminal Justice and Licensing (Scotland) Act 2010 (articles for use in fraud)151.

66

An offence under section 92 of the Police and Fire Reform (Scotland) Act 2012 (impersonation etc.)152.

Harassment

67

An offence under section 234A of the Criminal Procedure (Scotland) Act 1995 (non-harassment orders)153.

68

An offence under section 9 of the Protection from Harassment Act 1997 (breach of non-harassment order)154.

Immigration, etc.

69

An offence under any of the following provisions of the Immigration Act 1971155—

a

section 24156 (illegal entry and similar offences);

b

section 24A157 (deception);

c

section 25158 (assisting unlawful immigration to member State);

d

section 25A159 (helping asylum-seeker to enter United Kingdom);

e

section 25B160 (assisting entry to United Kingdom in breach of deportation or exclusion order);

f

section 26161 (general offences in connection with administration of Act);

g

section 26A162 (registration card);

h

section 26B163 (possession of immigration stamp); and

i

section 27164 (offences by captains, owners or agents of ships or aircraft).

70

An offence under any of the following provisions of the Immigration and Asylum Act 1999165—

a

section 105 (false representations);

b

section 106 (dishonest representations);

c

any of the following paragraphs of Schedule 11—

i

paragraph 1 (obtaining certificates of authorisation by false pretences);

ii

paragraph 4166 (assaulting a detainee custody officer); and

iii

paragraph 5 (obstructing detainee custody officer); and

d

any of the following paragraphs of Schedule 12—

i

paragraph 3167 (failure to submit to a medical examination);

ii

paragraph 4168 (assisting detained persons to escape);

iii

paragraph 5 (bringing alcohol into a detention centre); and

iv

paragraph 6 (conveying articles into or out of a detention centre).

71

An offence under section 35 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004169 (deportation or removal: cooperation).

72

An offence under section 21 of the Immigration, Asylum and Nationality Act 2006170 (offence).

Insolvency73

An offence under any of the following provisions of the Insolvency Act 1986171—

a

section 131172 (company’s statement of affairs);

b

section 206173 (fraud, etc. in anticipation of winding up);

c

section 208174 (misconduct in course of winding up);

d

section 216175 (restriction on re-use of company names); and

e

section 235176 (duty to co-operate with office-holder).

Landmines74

An offence under section 2 of the Landmines Act 1998177 (prohibited conduct).

Medicines

75

An offence under section 67(2) and (3) (offences under Part III) of the Medicines Act 1968178.

76

An offence under any of the following provisions of the Human Medicines Regulations 2012179—

a

regulation 34(1) (offences: breach of regulations and false information and defence concerning starting materials); and

b

regulation 255(1)(a), (b), (c) or (d) (offences relating to dealings with medicinal products).

Mental health77

An offence under section 318 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (false statements)180.

Neglect of duty

78

An offence under Part 4 (shipping: alcohol and drugs) or Part 5 (aviation: alcohol and drugs) of the Railways and Transport Safety Act 2003181.

79

An offence under section 22 of the Police and Fire Reform (Scotland) Act 2012 (failure to perform duty)182.

Obscene material etc.

80

An offence under section 1(1) of the Indecent Displays Act 1981183 (indecent displays).

81

An offence under any of the following provisions of the Civic Government (Scotland) Act 1982184 —

a

section 51185 (obscene material);

b

section 51A186 (extreme pornography); and

c

paragraph 19(3)187 of Schedule 2 (enforcement).

82

An offence under section 85(3) of the Postal Services Act 2000188 (prohibition on sending certain articles by post).

83

An offence under section 127(1) of the Communications Act 2003189 (improper use of public electronic communications network).

Offences in relation to children

84

An offence under any of the following provisions of the Children and Young Persons (Scotland) Act 1937190—

a

section 15 (causing or allowing persons under 16 to be used for begging);

b

section 22 (exposing children under seven to risk of burning);

c

section 31(1) (penalties and legal proceedings in respect of general provisions as to employment);

d

section 33 (prohibition of persons under sixteen taking part in performances endangering life or limb); and

e

section 34 (restrictions on training for performances of a dangerous nature).

85

An offence under section 40(1) of the Children and Young Persons Act 1963191 (offences).

86

An offence under section 50(2) of the Civic Government (Scotland) Act 1982192 (drunk in charge of a child).

87

An offence under section 81 of the Children (Scotland) Act 1995193 (offences in connection with orders etc. for the protection of children).

88

An offence under any of the following provisions of the Children’s Hearings (Scotland) Act 2011194—

a

section 59 (offences); and

b

section 171 (offences related to absconding).

Offensive behaviour etc.89

An offence under the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012195.

Offensive weapons

90

An offence under the Restriction of Offensive Weapons Act 1959196.

91

An offence under section 50(3) (penalty for improper importation of goods) or section 170 (fraudulent evasion of duty) of the Customs and Excise Management Act 1979197 in relation to goods prohibited to be imported under—

a

section 1(2) of the Restriction of Offensive Weapons Act 1959 (penalties for offences in connection with dangerous weapons); or

b

section 141(4) of the Criminal Justice Act 1988 (offensive weapons).

92

An offence under any of the following provisions of the Criminal Justice Act 1988198—

a

section 141 (offensive weapons); and

b

section 141A (sale of knives and certain articles with blade or point to persons under eighteen).

93

An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995199—

a

section 47 (prohibition of the carrying of offensive weapons);

b

section 48 (search for offensive weapons);

c

section 49 (offence of having in a public place an article with a blade or point);

d

section 49A (offence of having article with blade or point (or offensive weapon) on school premises);

e

section 49C (offence of having offensive weapon etc. in prison); and

f

section 50 (extension of constable’s power to stop, search and arrest without warrant).

Official Secrets Acts

94

An offence under the Official Secrets Act 1920200.

95

An offence under the Official Secrets Act 1989201.

Prisons96

An offence under section 41 of the Prisons (Scotland) Act 1989 (unlawful introduction of tobacco, etc., into prison)202.

Proceeds of crime and money laundering

97

An offence under any of the following provisions of the Proceeds of Crime Act 2002203—

a

Part 7204 (money laundering);

b

Part 8205 (investigations); and

c

section 453A206 (certain offences in relation to financial investigators).

98

An offence under the Proceeds of Crime Act 2002 (External Investigations) Order 2013207.

99

An offence under the Proceeds of Crime Act 2002 (External Investigations) (Scotland) Order 2015208.

Prostitution

100

An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995209—

a

section 9210 (permitting girl to use premises for intercourse); and

b

section 13(9)211 (living on earnings of another from male prostitution).

101

An offence under the Prostitution (Public Places) (Scotland) Act 2007212.

Public order102

An offence under any of the following provisions of the Public Order Act 1986213—

a

section 1 (riot);

b

section 2 (violent disorder);

c

section 3214 (affray);

d

section 4 (fear or provocation of violence);

e

section 4A215 (intentional harassment, alarm or distress);

f

section 5216 (harassment alarm or distress);

g

section 18217 (use of words or behaviour or display of written material);

h

section 19 (publishing or distributing written material);

i

section 20 (public performance of play);

j

section 21 (distributing, showing or playing a recording);

k

section 22 (broadcasting or including programme in cable programme service);

l

section 23 (possession of racially inflammatory material);

m

section 29B218 (use of words or behaviour or display of written material);

n

section 29C (publishing or distributing written material);

o

section 29D (public performance of play);

p

section 29E (distributing, showing or playing recording);

q

section 29F (broadcasting or including programme in programme service); and

r

section 29G (possession of inflammatory material).

Road traffic103

An offence under any of the following provisions of the Road Traffic Act 1988219—

a

section 1A220 (causing serious injury by dangerous driving);

b

section 2 (dangerous driving);

c

section 2B221 (causing death by careless, or inconsiderate, driving);

d

section 3ZB222 (causing death by driving: unlicensed or uninsured drivers);

e

section 3ZD223 (causing serious injury by driving: disqualified drivers);

f

section 4(1)224 (driving, or being in charge, when under the influence of drink or drugs);

g

section 5(1)(a) (driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit); and

h

section 178 (taking motor vehicle without authority, etc.).

Sexual offences104

An offence under section 37(1) or (4) of the Sexual Offences (Scotland) Act 2009225 (older children engaging in sexual conduct with each other).

Solicitors105

An offence under the Solicitors (Scotland) Act 1980226.

Terrorism106

An offence under any of the following provisions of the Terrorism Act 2000227—

a

section 13 (uniform);

b

section 36 (police powers);

c

section 51 (offences);

d

section 116 (powers to stop and search);

e

paragraph 32 of Schedule 5 (urgent cases); and

f

paragraph 18 of Schedule 7228 (offences).

Vets107

An offence under any of the following provisions of the Veterinary Surgeons Act 1966229—

a

section 19230 (restriction of practice of veterinary surgery by unqualified persons); and

b

section 20231 (prohibition of use of practitioners’ titles by unqualified persons).

Miscellaneous statutory offences

108

An offence under any of the following provisions of the Civic Government (Scotland) Act 1982232—

a

section 57233 (being in or on building etc. with intent to commit theft);

b

section 58 (convicted thief in possession)234; and

c

section 60235 (powers of search and seizure).

109

An offence under section 22 of the Rent (Scotland) Act 1984236 (unlawful eviction and harassment of occupier).

110

An offence under section 85(1) of the Postal Services Act 2000237 (prohibition on sending certain articles by post).

111

An offence under any of the following provisions of the Serious Organised Crime and Police Act 2005238—

a

section 67 (offences in connection with disclosure notices or search warrants);

b

section 129239 (corresponding Scottish offence);

c

section 145 (interference with contractual relationships so as to harm animal research organisation); and

d

section 146240 (intimidation of persons connected with animal research organisation).

Statutory aggravations

112

An offence (other than an offence listed in Schedule A1) in relation to which either of the following provisions applies—

a

section 96 of the Crime and Disorder Act 1998 (offences racially aggravated)241; or

b

section 74 of the Criminal Justice (Scotland) Act 2003 (offences aggravated by religious prejudice)242.

113

An offence (other than an offence listed in Schedule A1) to which either of the following provisions of the Offences (Aggravation by Prejudice) (Scotland) Act 2009243 applies—

a

section 1(1) (prejudice relating to disability); or

b

section 2(1) (prejudice relating to sexual orientation or transgender identity).

Other

Common law aggravations

114

An offence (other than an offence listed in Schedule A1 or in paragraph 112 of this Schedule), the conviction for which indicates that it included an element of racial prejudice or was racially motivated.

115

An offence (other than an offence listed in Schedule A1 or in paragraph 112 of this schedule), the conviction for which indicates that it included an element of religious prejudice or was motivated by religious prejudice.

Inchoate offences

116

An offence committed by aiding, abetting, counselling, procuring or inciting the commission of any offence listed in paragraphs 1 to 115 of this Schedule.

117

An offence committed by attempting or conspiring to commit any offence listed in paragraphs 1 to 115 of this Schedule.

Superseded offences118

An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 117 of this Schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).

Combined offences119

An offence which was charged, and the conviction for which was received, in conjunction with any offence listed in paragraphs 1 to 118 of this Schedule.

Corresponding offences elsewhere in the UK or abroad120

An offence under the law of England and Wales or Northern Ireland, or any country or territory outside the United Kingdom, which corresponds to any offence listed in paragraphs 1 to 119 of this Schedule.