The Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004

SCHEDULE 2 OFFENCES UNDER THE COMMON LAW OF ENGLAND AND WALES AND STATUTORY OFFENCES THAT APPLY ONLY IN ENGLAND AND WALES

1.  Offences under the Common Law of England and Wales.

• Manslaughter.

2.  Statutory offences that apply only in England and Wales.

Offences under the Infant Life (Preservation) Act 1929)(1)

Section 1 (doing a wilful act, intending to destroy the life of a child capable of being born alive that causes a child to die before it is born).

Offences under the Infanticide Act 1938(2)

Section 1 (doing a wilful act causing the death of a child before it is over 12 months old, where that act is done by the mother of the child and her balance of mind is disturbed for reasons relating to lactation or the birth of the child).

Offences under the Theft Act 1968(3)

Section 1(1) (dishonestly appropriating another’s property, intending to permanently deprive him of it).

Section 8(1) (stealing, and before or at the time of doing so, using force or putting another in fear of being there and then subjected to force).

Section 9(1)(a) (entering a building as a trespasser, intending to steal, inflict or attempt to inflict grievous bodily harm or rape).

Section 9(1)(b) (having entered a building as a trespasser, stealing or attempting to steal or inflicting or attempting to inflict grievous bodily harm).

Section 10(1) (committing burglary with a firearm, imitation firearm, weapon of offence or explosive).

Section 12A (aggravated taking of a vehicle)(4).

Offences under the Criminal Damage Act 1971(5)

Section 1(1) (destroying or damaging, without lawful excuse, another’s property intending to destroy or damage it or being reckless as to that).

Section 1(2) (destroying or damaging, without lawful excuse, property, intending, or being reckless as to whether, that destruction or damage would result and intending that damage or destruction to endanger the life of another or being reckless as to that).

Section 2 (threatening, without lawful excuse, to destroy or damage property, knowing that such a threat is likely to endanger another’s life).

Section 3(a) (having in custody or under control anything intending, without lawful excuse, to use, or permit use of, it to destroy or damage another’s property).

Section 3(b) (having in custody or under control anything, intending, without lawful excuse, to use, or permit use of, it to destroy or damage property knowing that such an act is likely to endanger another’s life).

Offences under the Criminal Law Act 1977(6)

Section 1 (agreeing to pursue a course of conduct which, if carried out as intended, necessarily amounts to the commission of an offence or would do so but for the fact that such commission is impossible, provided that the offence in question is an offence described either in Schedule 1 to this Order or this Schedule).

Section 51(1) (placing or dispatching an article, intending to induce a belief that it will explode or ignite and cause personal injury or property damage).

Section 51(2) (communicating information, knowing or believing it to be false intending to induce a belief that a bomb or other thing is liable to explode in a place) .

Offences under the Magistrates Courts Act 1980(7)

Section 44 (aiding, abetting, counselling or procuring the commission of a summary offence, provided that the offence in question is described in Schedule 1 to this Order or this Schedule)(8).

Offences under the Criminal Attempts Act 1981(9)

Section 1(1) (intending to commit an offence and doing an act that is more than merely preparatory to the commission of that offence, provided that the offence in question is described in Schedule 1 to this Order or this Schedule) .

Offences under the Public Order Act 1986(10)

Section 1(1) (being in a group of 12 or more people who use, or threaten, unlawful violence for a common purpose so as to cause a person of reasonable firmness present at the scene to fear for his safety).

Section 2(1) (being in a group of 3 or more people who use, or threaten, unlawful violence for a common purpose so as to cause a person of reasonable firmness present at the scene to fear for his safety).

Section 3(1) (using, or threatening, unlawful violence so as to cause a person of reasonable firmness present at the scene to fear for his safety).

Offences under the Protection from Harassment Act 1997(11)

Section 4(1) (causing fear in another on at least two occasions that violence will be used against him, where the offender knows, or ought to know, that his course of conduct will cause such fear on each occasion).

Offences under the Crime and Disorder Act 1998(12)

Section 29(1)(a) (maliciously wounding or causing grievous bodily harm so as to constitute an offence under section 20 of the Offences Against the Person Act 1861(13) that is racially or religiously aggravated).

Section 29(1)(b) (causing actual bodily harm so as to constitute an offence under section 47 of the Offences Against the Person Act 1861 that is racially or religiously aggravated).

Section 29(1)(c) (committing a common assault that is racially or religiously aggravated).

Section 31(1)(a) (committing an offence under section 4(1) of the Public Order Act 1986 that is racially or religiously aggravated).

Section 31(1)(b) (committing an offence under section 4A(1) of the Public Order Act 1986(14) that is racially or religiously aggravated).

Offences under the Sexual Offences Act 2003(15)

Section 1(1) (intentionally penetrating the vagina, anus or mouth of another with a penis, where the victim does not consent and the offender does not reasonably believe that there is consent).

Section 2(1) (intentionally sexually penetrating the vagina or anus of another with a part of the body or anything else, where the victim does not consent and the offender does not reasonably believe that there is consent).

Section 3(1) (intentionally sexually touching another, where the victim does not consent and the offender does not reasonably believe that there is consent).

Section 4(1) (intentionally causing another to engage in sexual activity, where the victim does not consent and the offender does not reasonably believe that there is consent).

Section 5(1) (intentionally sexually penetrating the vagina, anus or mouth of another with a penis, where the victim is under 13).

Section 6(1) (intentionally sexually penetrating the vagina or anus of another who is under 13 with a part of the body or anything else).

Section 7(1) (intentionally sexually touching a person who is under 13) .

Section 8(1) (intentionally causing or inciting another who is under 13 to engage in sexual activity).

Section 9(1) (intentionally sexually touching another who is 13 or under, or is 16 or under and the offender, who is 18 or over, does not believe that the victim is 16 or over) .

Section 10(1) (intentionally causing or inciting another to engage in sexual activity, where the victim is 13 or under, or is 16 or under and the offender, who is 18 or over, does not believe that the victim is 16 or over).

Section 11(1) (intentionally engaging, for the purpose of sexual gratification, in sexual activity in a place where another is present or can observe and the offender, who is 18 or over, knows, believes or intends the victim to be there and the victim is 13 or under, or is under 16 and the offender does not reasonably believe that the victim is 16 or over).

Section 12(1) (intentionally causing, for the purpose of sexual gratification, another to watch or look at an image of a third person engaging in sexual activity, where the victim is 13 or under, or is under 16 and the offender does not reasonably believe that the victim is 16 or over).

Section 13(1) (committing an offence under section 9 to 12 of the Sexual Offences Act 2003 which would be an offence if the offender was 18).

Section 14(1) (intentionally arranging or facilitating something in any part of the world that, if done, would involve the commission of any offence under sections 9 to 13 of the Sexual Offences Act 2003).

Section 25 (intentionally sexually touching a family member, where the offender could reasonably be expected to know that the victim is a family member, and the victim is 13, or is under 18 and the offender does not reasonably believe that the victim is 18 or over).

Section 26 (intentionally inciting a family member to touch or allow himself to be touched sexually where the offender could reasonably be expected to know that the victim is a family member, and the victim is 13 or under, or is under 18 and the offender does not reasonably believe that the victim is 18 or over).

Section 30(1) (intentionally sexually touching another where the victim is unable to refuse by reason of a mental disorder and the offender could reasonably be expected to know that the victim has a mental disorder that is likely to render him unable to refuse).

Section 31(1) (intentionally inciting another to engage in sexual activity where the victim is unable to refuse by reason of a mental disorder and the offender could reasonably be expected to know that the victim has a mental disorder that is likely to render him unable to refuse).

Section 32(1) (intentionally engaging in sexual activity for sexual gratification in a place where a person who is unable to refuse by reason of a mental disorder observes it or the offender knows, believes or intends the victim to observe it and the offender knows or could reasonably be expected to know that the victim has a mental disorder that is likely to render him unable to refuse).

Section 33(1) (intentionally causing, for sexual gratification, another to watch, or look at an image of, a third person engaging in sexual activity, where the victim is unable to refuse by reason of mental disorder and the offender knows or could reasonably be expected to know that the victim has a mental disorder that is likely to render him unable to refuse).

Section 34(1) (intentionally sexually touching another with a mental disorder, where the victim agrees and such agreement is obtained by inducement, threat, or deception and the offender knows, or could reasonably be expected to know, about that mental disorder).

Section 35(1) (intentionally causing another with a mental disorder, by inducement, threat, or deception, to engage in sexual activity and the victim has a mental disorder which the offender knows, or could reasonably be expected to know, about).

Section 36(1) (intentionally engaging in sexual activity, for the purpose of sexual gratification, in a place where another with a mental disorder is present or observes it, or the offender knows, believes or intends the victim to observe it, because of inducement, threat or deception and the offender knows, or could reasonably be expected to know, that the victim has a mental disorder).

Section 37(1) (intentionally causing another with a mental disorder, by inducement, threat or deception, to watch or look, for the purposes of sexual gratification, at an image of a third person engaging in sexual activity, and the offender knows, or could reasonably be expected to know, that the victim has a mental disorder).

Section 38(1) (intentionally sexually touching another with a mental disorder which the offender knows, or could reasonably be expected to know, about, where the offender is involved in the victim’s care).

Section 39(1) (intentionally causing or inciting another with a mental disorder to engage in sexual activity, where the offender knows or could reasonably be expected to know that the victim has a mental disorder and the offender is involved in the victim’s care).

Section 61(1) (intentionally administering a substance to another knowing that the victim does not consent, with the intention of stupefying or overpowering the victim so that sexual activity can be engaged in with the victim).

Section 62(1) (committing an offence intending to commit a sexual offence under Part I of the Sexual Offences Act 2003).

Section 63(1) (trespassing on premises, knowing that, or being reckless as to whether, trespass is taking place and intending to commit a sexual offence under Part I of the Sexual Offences Act 2003).

(1)

1929 19 & 20 Geo 5 c. 34.

(2)

1938 1 & 2 Geo 6 c. 36.

(3)

1968 c. 60.

(4)

Section 12A was inserted by section 2(1) of the Aggravated Vehicle-Taking Act 1992 (c. 11).

(5)

1971 c. 48.

(6)

1977 c. 45.

(7)

1980 c. 43.

(8)

Section 8 was amended by section 65(4) of the Criminal Law Act 1977 (c. 45).

(9)

1981 c. 47.

(10)

1986 c. 64.

(11)

1997 c. 40.

(12)

1998 c. 37.

(13)

1861 24 & 25 Vict c. 100.

(14)

Section 4A(1) was inserted by section 154 of the Criminal Justice and Public Order Act 1994 (c. 31).

(15)

2003 c. 42.