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Criminal Justice Act 2003

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Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

Section 75

SCHEDULE 5E+W+N.I.Qualifying offences for purposes of Part 10

This schedulenoteType=Explanatory Notes has no associated

Part 1 E+W+N.I.List of offences for England and Wales

Offences Against the PersonE+W+N.I.

MurderE+W+N.I.

1Murder.E+W+N.I.

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Commencement Information

I1Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Attempted murderE+W+N.I.

2An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit murder.E+W+N.I.

Soliciting murderE+W+N.I.

3An offence under section 4 of the Offences against the Person Act 1861 (c. 100).E+W+N.I.

ManslaughterE+W+N.I.

4Manslaughter.E+W+N.I.

[F1Corporate manslaughterE+W+N.I.

4AAn offence under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007.]E+W+N.I.

KidnappingE+W+N.I.

5Kidnapping.E+W+N.I.

Sexual OffencesE+W+N.I.

RapeE+W+N.I.

6An offence under section 1 of the Sexual Offences Act 1956 (c. 69) or section 1 of the Sexual Offences Act 2003 (c. 42).E+W+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Attempted rapeE+W+N.I.

7An offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence under section 1 of the Sexual Offences Act 1956 or section 1 of the Sexual Offences Act 2003.E+W+N.I.

Intercourse with a girl under thirteenE+W+N.I.

8An offence under section 5 of the Sexual Offences Act 1956.E+W+N.I.

Incest by a man with a girl under thirteenE+W+N.I.

9An offence under section 10 of the Sexual Offences Act 1956 alleged to have been committed with a girl under thirteen.E+W+N.I.

Assault by penetrationE+W+N.I.

10An offence under section 2 of the Sexual Offences Act 2003 (c. 42).E+W+N.I.

Causing a person to engage in sexual activity without consentE+W+N.I.

11An offence under section 4 of the Sexual Offences Act 2003 where it is alleged that the activity caused involved penetration within subsection (4)(a) to (d) of that section.E+W+N.I.

Rape of a child under thirteenE+W+N.I.

12An offence under section 5 of the Sexual Offences Act 2003.E+W+N.I.

Attempted rape of a child under thirteenE+W+N.I.

13An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an offence under section 5 of the Sexual Offences Act 2003.E+W+N.I.

Assault of a child under thirteen by penetrationE+W+N.I.

14An offence under section 6 of the Sexual Offences Act 2003.E+W+N.I.

Causing a child under thirteen to engage in sexual activityE+W+N.I.

15An offence under section 8 of the Sexual Offences Act 2003 where it is alleged that an activity involving penetration within subsection (2)(a) to (d) of that section was caused.E+W+N.I.

Sexual activity with a person with a mental disorder impeding choiceE+W+N.I.

16An offence under section 30 of the Sexual Offences Act 2003 where it is alleged that the touching involved penetration within subsection (3)(a) to (d) of that section.E+W+N.I.

Causing a person with a mental disorder impeding choice to engage in sexual activityE+W+N.I.

17An offence under section 31 of the Sexual Offences Act 2003 where it is alleged that an activity involving penetration within subsection (3)(a) to (d) of that section was caused.E+W+N.I.

Drugs OffencesE+W+N.I.

Unlawful importation of Class A drugE+W+N.I.

18An offence under section 50(2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).E+W+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Unlawful exportation of Class A drugE+W+N.I.

19An offence under section 68(2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).E+W+N.I.

Fraudulent evasion in respect of Class A drugE+W+N.I.

20An offence under section 170(1) or (2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).E+W+N.I.

Producing or being concerned in production of Class A drugE+W+N.I.

21An offence under section 4(2) of the Misuse of Drugs Act 1971 alleged to have been committed in relation to a Class A drug (as defined by section 2 of that Act).E+W+N.I.

Criminal Damage OffencesE+W+N.I.

Arson endangering lifeE+W+N.I.

22An offence under section 1(2) of the Criminal Damage Act 1971 (c. 48) alleged to have been committed by destroying or damaging property by fire.E+W+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Causing explosion likely to endanger life or propertyE+W+N.I.

23An offence under section 2 of the Explosive Substances Act 1883 (c. 3).E+W+N.I.

Intent or conspiracy to cause explosion likely to endanger life or propertyE+W+N.I.

24An offence under section 3(1)(a) of the Explosive Substances Act 1883.E+W+N.I.

War Crimes and TerrorismE+W+N.I.

Genocide, crimes against humanity and war crimesE+W+N.I.

25An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).E+W+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Grave breaches of the Geneva ConventionsE+W+N.I.

26An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).E+W+N.I.

Directing terrorist organisationE+W+N.I.

27An offence under section 56 of the Terrorism Act 2000 (c. 11).E+W+N.I.

Hostage-takingE+W+N.I.

28An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).E+W+N.I.

ConspiracyE+W+N.I.

ConspiracyE+W+N.I.

29An offence under section 1 of the Criminal Law Act 1977 (c. 45) of conspiracy to commit an offence listed in this Part of this Schedule.E+W+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Part 2 E+W+N.I.List of offences for Northern Ireland

Offences Against the PersonE+W+N.I.

MurderE+W+N.I.

30Murder.E+W+N.I.

Attempted murderE+W+N.I.

31An offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit murder.E+W+N.I.

Soliciting murderE+W+N.I.

32An offence under section 4 of the Offences against the Person Act 1861 (c. 100).E+W+N.I.

ManslaughterE+W+N.I.

33Manslaughter.E+W+N.I.

[F2Corporate manslaughterE+W+N.I.

33AAn offence under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007.]E+W+N.I.

KidnappingE+W+N.I.

34Kidnapping.E+W+N.I.

Sexual OffencesE+W+N.I.

RapeE+W+N.I.

35Rape.E+W+N.I.

[F335AAn offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008.]E+W+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Attempted rapeE+W+N.I.

36An offence under section 2 of the Attempted Rape, etc., Act (Northern Ireland) 1960.E+W+N.I.

[F436AAn offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit an offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008.]E+W+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Intercourse with a girl under fourteenE+W+N.I.

37An offence under section 4 of the Criminal Law Amendment Act 1885 (c. 69) of unlawfully and carnally knowing a girl under fourteen.E+W+N.I.

Incest by a man with a girl under fourteenE+W+N.I.

38An offence under section 1(1) of the Punishment of Incest Act 1908 (c. 45) alleged to have been committed with a girl under fourteen.E+W+N.I.

[F5Assault by penetrationE+W+N.I.

38AAn offence under Article 6 of the Sexual Offences (Northern Ireland) Order 2008.E+W+N.I.

Causing a person to engage in sexual activity without consentE+W+N.I.

38BAn offence under Article 8 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that the activity caused involved penetration within paragraph (4)(a) to (d) of that Article.E+W+N.I.

Rape of a child under thirteenE+W+N.I.

38CAn offence under Article 12 of the Sexual Offences (Northern Ireland) Order 2008.E+W+N.I.

Attempted rape of a child under thirteenE+W+N.I.

38DAn offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit an offence under Article 12 of the Sexual Offences (Northern Ireland) Order 2008.E+W+N.I.

Assault of child under thirteen by penetrationE+W+N.I.

38EAn offence under Article 13 of the Sexual Offences (Northern Ireland) Order 2008.E+W+N.I.

Causing a child under thirteen to engage in sexual activity by penetrationE+W+N.I.

38FAn offence under Article 15 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that an activity involving penetration within paragraph (2)(a) to (d) of that Article was caused.E+W+N.I.

Sexual activity with a person with a mental disorder impeding choiceE+W+N.I.

38GAn offence under Article 43 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that the touching involved penetration within paragraph (3)(a) to (d) of that Article.E+W+N.I.

Causing a person with a mental disorder impeding choice to engage in sexual activityE+W+N.I.

38HAn offence under Article 44 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that an activity involving penetration within paragraph (3)(a) to (d) of that Article was caused.]E+W+N.I.

Drugs OffencesE+W+N.I.

Unlawful importation of Class A drugE+W+N.I.

39An offence under section 50(2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).E+W+N.I.

Unlawful exportation of Class A drugE+W+N.I.

40An offence under section 68(2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).E+W+N.I.

Fraudulent evasion in respect of Class A drugE+W+N.I.

41An offence under section 170(1) or (2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).E+W+N.I.

Producing or being concerned in production of Class A drugE+W+N.I.

42An offence under section 4(2) of the Misuse of Drugs Act 1971 alleged to have been committed in respect of a Class A drug (as defined by section 2 of that Act).E+W+N.I.

Criminal Damage OffencesE+W+N.I.

Arson endangering lifeE+W+N.I.

43An offence under Article 3(2) of the Criminal Damage (Northern Ireland) Order 1977 alleged to have been committed by destroying or damaging property by fire.E+W+N.I.

Causing explosion likely to endanger life or propertyE+W+N.I.

44An offence under section 2 of the Explosive Substances Act 1883 (c. 3).E+W+N.I.

Intent or conspiracy to cause explosion likely to endanger life or propertyE+W+N.I.

45An offence under section 3(1)(a) of the Explosive Substances Act 1883.E+W+N.I.

War Crimes and TerrorismE+W+N.I.

Genocide, crimes against humanity and war crimesE+W+N.I.

46An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).E+W+N.I.

Grave breaches of the Geneva ConventionsE+W+N.I.

47An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).E+W+N.I.

Directing terrorist organisationE+W+N.I.

48An offence under section 56 of the Terrorism Act 2000 (c. 11).E+W+N.I.

Hostage-takingE+W+N.I.

49An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).E+W+N.I.

ConspiracyE+W+N.I.

ConspiracyE+W+N.I.

50An offence under Article 9 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of conspiracy to commit an offence listed in this Part of this Schedule.E+W+N.I.

Part 3 E+W+N.I.Supplementary

51A reference in this Schedule to an offence includes a reference to an offence of aiding, abetting, counselling or procuring the commission of the offence.E+W+N.I.

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Commencement Information

I7Sch. 5 Pt. 3 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

52A reference in this Schedule to an enactment includes a reference to the enactment as enacted and as amended from time to time.E+W+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8Sch. 5 Pt. 3 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

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