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Criminal Justice and Immigration Act 2008

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This is the original version (as it was originally enacted).

Section 13(2)

SCHEDULE 5Offences specified for the purposes of sections 225(3A) and 227(2A) of Criminal Justice Act 2003

This schedule has no associated Explanatory Notes

SCHEDULE 15AOffences specified for the purposes of sections 225(3A) and 227(2A)

Part 1Offences under the law of England and Wales

1Murder.

2Manslaughter.

3An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).

4An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).

5An offence under section 1 of the Sexual Offences Act 1956 (c. 69) (rape).

6An offence under section 5 of that Act (intercourse with a girl under 13).

7An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life).

8An offence under section 17(1) of that Act (use of a firearm to resist arrest).

9An offence under section 18 of that Act (carrying a firearm with criminal intent).

10An offence of robbery under section 8 of the Theft Act 1968 (c. 60) where, at some time during the commission of the offence, the offender had in his possession a firearm or an imitation firearm within the meaning of the Firearms Act 1968.

11An offence under section 1 of the Sexual Offences Act 2003 (c. 42) (rape).

12An offence under section 2 of that Act (assault by penetration).

13An offence under section 4 of that Act (causing a person to engage in sexual activity without consent) if the offender was liable on conviction on indictment to imprisonment for life.

14An offence under section 5 of that Act (rape of a child under 13).

15An offence under section 6 of that Act (assault of a child under 13 by penetration).

16An offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexual activity) if the offender was liable on conviction on indictment to imprisonment for life.

17An offence under section 30 of that Act (sexual activity with a person with a mental disorder impeding choice) if the offender was liable on conviction on indictment to imprisonment for life.

18An offence under section 31 of that Act (causing or inciting a person with a mental disorder to engage in sexual activity) if the offender was liable on conviction on indictment to imprisonment for life.

19An offence under section 34 of that Act (inducement, threat or deception to procure sexual activity with a person with a mental disorder) if the offender was liable on conviction on indictment to imprisonment for life.

20An offence under section 35 of that Act (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement etc.) if the offender was liable on conviction on indictment to imprisonment for life.

21An offence under section 47 of that Act (paying for sexual services of a child) if the offender was liable on conviction on indictment to imprisonment for life.

22An offence under section 62 of that Act (committing an offence with intent to commit a sexual offence) if the offender was liable on conviction on indictment to imprisonment for life.

23(1)An attempt to commit an offence specified in the preceding paragraphs of this Part of this Schedule (“a listed offence”).

(2)Conspiracy to commit a listed offence.

(3)Incitement to commit a listed offence.

(4)An offence under Part 2 of the Serious Crime Act 2007 in relation to which a listed offence is the offence (or one of the offences) which the person intended or believed would be committed.

(5)Aiding, abetting, counselling or procuring the commission of a listed offence.

Part 2Offences under the law of Scotland

24Murder.

25Culpable homicide.

26Rape.

27Assault where the assault—

(a)is aggravated because it caused severe injury or endangered the victim’s life, or

(b)was carried out with intent to rape or ravish the victim.

28Sodomy where the person against whom the offence was committed did not consent.

29Lewd, indecent or libidinous behaviour or practices.

30Robbery, where, at some time during the commission of the offence, the offender had in his possession a firearm or an imitation firearm within the meaning of the Firearms Act 1968 (c. 27).

31An offence under section 16 of the Firearms Act 1968 (possession of firearm with intent to endanger life).

32An offence under section 17(1) of that Act (use of a firearm to resist arrest).

33An offence under section 18 of that Act (carrying a firearm with criminal intent).

34An offence under section 5(1) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (unlawful intercourse with a girl under 13).

35(1)An attempt to commit an offence specified in the preceding paragraphs of this Part of this Schedule (“a listed offence”).

(2)Conspiracy to commit a listed offence.

(3)Incitement to commit a listed offence.

(4)Aiding, abetting, counselling or procuring the commission of a listed offence.

Part 3Offences under the law of Northern Ireland

36Murder.

37Manslaughter.

38Rape.

39An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).

40An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).

41An offence under section 4 of the Criminal Law Amendment Act 1885 (c. 69) (intercourse with a girl under 14).

42An offence of robbery under section 8 of the Theft Act (Northern Ireland) 1969 (c. 16) where, at some time during the commission of the offence, the offender had in his possession a firearm or an imitation firearm within the meaning of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I.3)).

43An offence under Article 17 of the Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I.2)) (possession of firearm with intent to endanger life).

44An offence under Article 18(1) of that Order (use of a firearm to resist arrest).

45An offence under Article 19 of that Order (carrying a firearm with criminal intent).

46An offence under Article 58 of the Firearms (Northern Ireland) Order 2004 (possession of firearm with intent to endanger life).

47An offence under Article 59 of that Order (use of a firearm to resist arrest).

48An offence under Article 60 of that Order (carrying a firearm with criminal intent).

49An offence under section 47 of the Sexual Offences Act 2003 (paying for sexual services of a child) if the offender was liable on conviction on indictment to imprisonment for life.

50(1)An attempt to commit an offence specified in the preceding paragraphs of this Part of this Schedule (“a listed offence”).

(2)Conspiracy to commit a listed offence.

(3)Incitement to commit a listed offence.

(4)An offence under Part 2 of the Serious Crime Act 2007 in relation to which a listed offence is the offence (or one of the offences) which the person intended or believed would be committed.

(5)Aiding, abetting, counselling or procuring the commission of a listed offence.

Part 4Offences under service law

51An offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning of the Act in question) is an offence specified in Part 1 of this Schedule.

52(1)An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence specified in Part 1 of this Schedule.

(2)Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc.) applies for the purposes of this paragraph as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to this paragraph.

Part 5Interpretation

53In this Schedule, “imprisonment for life” includes custody for life and detention for life.

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