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Section 3.
1In 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:—
(a)murder, manslaughter, rape, buggery and assault; 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 Person Act, 1861, except section fifty-seven thereof (which relates to bigamy);.
(ii)the Criminal Law Amendment Act, 1885;
(iii)the Punishment of Incest Act, 1908;
(iv)section fifty-six of the Mental Deficiency Act, 1913, and section eighty-nine of the Mental Health Act (Northern Ireland), 1948 (which relate respectively to certain offences against mentally defective females);
(v)section twenty-three of the Larceny Act, 1916 (which relates to robbery);
(vi)sections one to five and section eleven of the Children and Young Persons Act, 1933, and sections eleven, twelve, fourteen, fifteen, sixteen and twenty-one of the Children and Young Persons Act (Northern Ireland), 1950; and
(vii)the Infanticide Act, 1938 and the Infanticide Act (Northern Ireland), 1939.
2In 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, 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 Criminal Law Amendment Act, 1885;
(ii)section forty-six of the Mental Deficiency and Lunacy (Scotland) Act, 1913 (which relates to certain offences against mentally defective females); and
(iii)sections twelve to sixteen and twenty-two of the Children and Young Persons (Scotland) Act, 1937.
3In 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)the Larceny Act, 1861;
(b)the Malicious Damage Act, 1861;
(c)section thirteen of the Debtors Act, 1869, and section thirteen of the Debtors Act (Ireland), 1872 (which relate respectively to the obtaining of credit by false pretences and to certain frauds on creditors);
(d)the Falsification of Accounts Act, 1875;
(e)the Larceny Act, 1916, except section twenty-three thereof; and
(f)section twenty-eight of the Road Traffic Act, 1930, and section four of the Motor Vehicles and Road Traffic Act (Northern Ireland), 1930 (which relate respectively to the taking of a motor vehicle without the owner's consent).
4In 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 Road Traffic Act, 1930.
Short Title | Session and Chapter |
---|---|
Larceny Act, 1861 | 24 & 25 Vict. c. 96. |
Malicious Damage Act, 1861 | 24 & 25 Vict. c. 97. |
Offences against the Person Act, 1861 | 24 & 25 Vict. c. 100. |
Debtors Act, 1869 | 32 & 33 Vict. c. 62. |
Falsification of Accounts Act, 1875 | 38 & 39 Vict. c. 24. |
Summary Jurisdiction Act, 1879 | 42 & 43 Vict. c. 49. |
Army Act | 44 & 45 Vict. c. 58. |
Criminal Law Amendment Act. 1885 | 48 & 49 Vict. c. 69. |
Interpretation Act, 1889 | 52 & 53 Vict. c. 63. |
Punishment of Incest Act, 1908 | 8 Edw. 7. c. 45. |
Summary Jurisdiction (Scotland) Act, 1908 | 8 Edw. 7. c. 65. |
Mental Deficiency Act, 1913 | 3 & 4 Geo. 5. c. 28. |
Mental Deficiency and Lunacy (Scotland) Act, 1913 | 3 & 4 Geo. 5. c. 38. |
Larceny Act. 1916 | 6 & 7 Geo. 5. c. 50. |
Births and Deaths Registration Act, 1926 | 16 & 17 Geo. 5. c. 48. |
Road Traffic Act, 1930 | 20 & 21 Geo. 5. c. 43. |
Visiting Forces (British Commonwealth) Act. 1933 | 23 & 24 Geo. 5. c. 6. |
Children and Young Persons Act, 1933 | 23 & 24 Geo. 5. c. 12. |
Children and Young Persons (Scotland) Act, 1937 | 1 Edw. 8. & 1 Geo. 6. c. 37. |
Infanticide Act, 1938 | 1 & 2 Geo. 6. c. 36. |
Allied Forces Act, 1940 | 3 &4 Geo. 6. c. 51. |
United States of America (Visiting Forces) Act, 1942. | 5 & 6 Geo. 6. c. 31. |
British Nationality Act, 1948 | 11 & 12 Geo. 6. c. 56. |
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