Criminal Justice Act 2003

Section 75

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

This schedule has no associated Explanatory Notes

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

Offences Against the PersonE+W+N.I.

MurderE+W+N.I.

1E+W+N.I.Murder.

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.

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

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)

Soliciting murderE+W+N.I.

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

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)

ManslaughterE+W+N.I.

4E+W+N.I.Manslaughter.

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)

[F1Corporate manslaughterE+W+N.I.

Textual Amendments

F1Sch. 5 para. 4A and cross-heading inserted (6.4.2008) by Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19), ss. 26, 27, Sch. 2 para. 3(2); S.I. 2008/401, art. 2

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

Textual Amendments

F1Sch. 5 para. 4A and cross-heading inserted (6.4.2008) by Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19), ss. 26, 27, Sch. 2 para. 3(2); S.I. 2008/401, art. 2

KidnappingE+W+N.I.

5E+W+N.I.Kidnapping.

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)

Sexual OffencesE+W+N.I.

RapeE+W+N.I.

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

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.

7E+W+N.I.An 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.

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)

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

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

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)

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

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

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)

Assault by penetrationE+W+N.I.

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

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)

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

11E+W+N.I.An 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.

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)

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

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

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

13E+W+N.I.An 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.

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)

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

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

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)

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

15E+W+N.I.An 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.

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)

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

16E+W+N.I.An 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.

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)

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

17E+W+N.I.An 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.

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)

Drugs OffencesE+W+N.I.

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

18E+W+N.I.An 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)).

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.

19E+W+N.I.An 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).

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)

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

20E+W+N.I.An 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)).

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)

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

21E+W+N.I.An 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).

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)

Criminal Damage OffencesE+W+N.I.

Arson endangering lifeE+W+N.I.

22E+W+N.I.An 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.

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.

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

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)

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

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

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)

War Crimes and TerrorismE+W+N.I.

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

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

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.

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

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)

Directing terrorist organisationE+W+N.I.

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

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)

Hostage-takingE+W+N.I.

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

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)

ConspiracyE+W+N.I.

29E+W+N.I.An 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.

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

Offences Against the PersonE+W+N.I.

MurderE+W+N.I.

30E+W+N.I.Murder.

Attempted murderE+W+N.I.

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

Soliciting murderE+W+N.I.

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

ManslaughterE+W+N.I.

33E+W+N.I.Manslaughter.

[F2Corporate manslaughterE+W+N.I.

Textual Amendments

F2Sch. 5 para. 33A and cross-heading inserted (6.4.2008) by Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19), ss. 26, 27, Sch. 2 para. 3(3); S.I. 2008/401, art. 2

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

Textual Amendments

F2Sch. 5 para. 33A and cross-heading inserted (6.4.2008) by Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19), ss. 26, 27, Sch. 2 para. 3(3); S.I. 2008/401, art. 2

KidnappingE+W+N.I.

34E+W+N.I.Kidnapping.

Sexual OffencesE+W+N.I.

RapeE+W+N.I.

35E+W+N.I.Rape.

[F335AE+W+N.I.An offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008.]

Textual Amendments

F3Sch. 5 Pt. 2 para. 35A inserted (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 81, Sch. 1 para. 31(2); S.R. 2008/510, art. 2

Attempted rapeE+W+N.I.

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

[F436AE+W+N.I.An 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.]

Textual Amendments

F4Sch. 5 Pt. 2 para. 36A inserted (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 81, Sch. 1 para. 31(3); S.R. 2008/510, art. 2

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

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

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

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

[F5Assault by penetrationE+W+N.I.

Textual Amendments

F5Sch. 5 Pt. 2 paras. 38A-38H inserted (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 81, Sch. 1 para. 31(4); S.R. 2008/510, art. 2

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

Textual Amendments

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

38BE+W+N.I.An 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.

Textual Amendments

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

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

Textual Amendments

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

38DE+W+N.I.An 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.

Textual Amendments

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

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

Textual Amendments

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

38FE+W+N.I.An 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.

Textual Amendments

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

38GE+W+N.I.An 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.

Textual Amendments

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

38HE+W+N.I.An 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.]

Textual Amendments

Drugs OffencesE+W+N.I.

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

39E+W+N.I.An 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)).

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

40E+W+N.I.An 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).

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

41E+W+N.I.An 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).

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

42E+W+N.I.An 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).

Criminal Damage OffencesE+W+N.I.

Arson endangering lifeE+W+N.I.

43E+W+N.I.An 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.

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

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

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

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

War Crimes and TerrorismE+W+N.I.

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

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

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

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

Directing terrorist organisationE+W+N.I.

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

Hostage-takingE+W+N.I.

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

ConspiracyE+W+N.I.

50E+W+N.I.An 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.

Part 3E+W+N.I.Supplementary

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

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)

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

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)