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

SCHEDULE 6 OFFENCES UNDER THE COMMON LAW OF ENGLAND AND WALES AND NORTHERN IRELAND AND STATUTORY OFFENCES THAT APPLY ONLY IN ENGLAND AND WALES AND NORTHERN IRELAND

1.  Offences under Common Law of England and Wales and Northern Ireland.

• False Imprisonment.

• Kidnapping.

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

Offences under the Accessories and Abettors Act 1861(1)

Section 8 (aiding, abetting, counselling or procuring the commission of an indictable offence, provided that the offence in question is described in Schedule 1, Schedule 2 or Schedule 4 to this Order or this Schedule)(2).

Offences under the Offences Against the Person Act 1861

Section 4 (soliciting, encouraging, persuading, endeavouring to persuade or proposing murder).

Section 16 (unlawfully threatening to kill, intending that the subject of the threat would fear that it would be carried out).

Section 18 (unlawfully and maliciously wounding or causing grievous bodily harm, intending to cause grievous bodily harm or to resist or prevent lawful apprehension or detention).

Section 20 (unlawfully and maliciously wounding or inflicting grievous bodily harm).

Section 21 (attempting to choke, suffocate or strangle another or attempting, by means calculated to choke, suffocate or strangle, to render that person insensible, unconscious or incapable of resistance and intending to commit an indictable offence).

Section 22 (applying or administering a stupefying or overpowering drug, matter or thing intending to commit an indictable offence).

Section 23 (unlawfully and maliciously administering a poison or destructive or noxious thing so as to endanger life or inflict grievous bodily harm).

Section 27 (unlawfully abandoning or exposing a child under 2 so as to endanger life or cause permanent injury).

Section 28 (unlawfully and maliciously exploding a substance causing burning, maiming, disfigurement, disablement or grievous bodily harm).

Section 29 (unlawfully and maliciously causing an explosion or sending or delivering an explosive substance, or placing or throwing a corrosive, destructive or explosive substance, intending to burn, maim, disfigure, disable or do grievous bodily harm).

Section 30 (unlawfully and maliciously placing or throwing an explosive substance on or near a building, ship or vessel intending to do bodily injury).

Section 32 (unlawfully and maliciously placing an obstruction on a railway or interfering with railway equipment intending to endanger safety).

Section 33 (unlawfully and maliciously throwing any object at a railway vehicle intending to injure or endanger the safety of any person in that vehicle).

Section 47 (committing assault occasioning actual bodily harm).

Offences under the International Criminal Court Act 2001(3)

Section 51 (committing genocide, a crime against humanity or a war crime against the laws of England and Wales).

Section 58 (committing genocide, a crime against humanity or a war crime against the laws of Northern Ireland).

Offences under the Nationality, Immigration and Asylum Act 2002

Section 145(1) (arranging or facilitating the arrival or travel in the United Kingdom of a person, intending to exercise control over prostitution of the victim or involving the victim in the production of obscene or indecent material).

Section 145(2) (arranging or facilitating the travel within the United Kingdom by a passenger, believing an offence to have been committed under section 145(1) of the Nationality, Immigration and Asylum Act 2002 and intending to exercise control over prostitution of him or believing that another person will exercise such control).

Section 145(3) (arranging or facilitating the departure from the United Kingdom of a passenger, intending to exercise control over prostitution of him outside the United Kingdom or believing that another person will exercise such control outside the United Kingdom).

Offences under the Female Genital Mutilation Act 2003(4)

Section 1(1) (excising, infibulating or otherwise mutilating the whole or part of a girl’s labia majora, labia minora or clitoris).

Offences under the Sexual Offences Act 2003

Section 15(1) (meeting, or travelling, intending to meet a person under 16 who has been met or communicated with on two previous occasions, where the offender intends to do something that would constitute a relevant offence (as defined in section 15(2)(b) of the Sexual Offences Act 2003) and does not believe the victim to be over 16).

Section 16(1) (intentionally sexually touching a person under 13, or under 18, where the offender is in a position of trust in relation to the victim and does not reasonably believe that the victim is over 18).

Section 17(1) (intentionally causing or inciting another to engage in sexual activity, where the offender is a person who is 18 or over and is in a position of trust in relation to the victim, and the victim is under 13, or is under 18 and the offender does not reasonably believe that the victim is 18 or over).

Section 47(1) (intentionally obtaining the sexual services of a person under 13, or under 18 and the offender does not reasonably believe that the victim is 18 or over, where the offender has made or promised payment for those services or knows that another has made or promised payment).

Section 48(1) (intentionally causing or inciting another to become a prostitute or be involved in pornography, where the victim is under 13, or is under 18 and the offender does not reasonably believe that the victim is 18 or over).

Section 49(1) (intentionally controlling any activities of another relating to the latter’s prostitution or involvement in pornography, where the victim is under 13, or is under 18 and the offender does not reasonably believe that the victim is 18 or over).

Section 50(1) (intentionally arranging or facilitating the prostitution or involvement in pornography of another, where the victim is under 13, or is under 18 and the offender does not reasonably believe that the victim is 18 or over).

Section 57(1)(a) (intentionally arranging or facilitating the arrival in the United Kingdom of another and intending to do something in respect of that person after arrival that would constitute an offence specified under section 60 of the Sexual Offences Act 2003).

Section 57(1)(b) (intentionally arranging or facilitating the arrival in the United Kingdom of another and believing that a third party is likely to do something in respect of that person after arrival that would constitute an offence specified under section 60 of the Sexual Offences Act 2003).

Section 58(1)(a) (intentionally arranging or facilitating travel within the United Kingdom by another and intending to do something in respect of that person during or after the journey that would constitute an offence specified under section 60 of the Sexual Offences Act 2003).

Section 58(1)(b) (intentionally arranging or facilitating travel within the United Kingdom by another and believing that a third party is likely to do something during or after the journey in respect of that person that would constitute an offence specified under section 60 of the Sexual Offences Act 2003).

(1)

1861 24 and 25 Vict c. 97.

(2)

Section 8 was amended by section 65(4) of the Criminal Law Act 1977 (c. 45) and, in respect of Northern Ireland, section 13 of, and Schedule 1 to, the Criminal Law Act (Northern Ireland) 1967 (c. 18).

(3)

2001 c. 17.

(4)

2003 c. 31.