The Armed Forces (Retrial for Serious Offences) Order 2013

Article 2(1)(a)

SCHEDULE 1 U.K. Qualifying Offences

Offences against the Person U.K.

Murder U.K.

1.  Murder.

Commencement Information

I1 Sch. 1 para. 1 in force at 1.8.2013, see art. 1

Attempted murder U.K.

2.  An offence under section 1 of the Criminal Attempts Act 1981(1) of attempting to commit murder.

Commencement Information

I2 Sch. 1 para. 2 in force at 1.8.2013, see art. 1

Soliciting murder U.K.

3.  An offence under section 4 of the Offences against the Person Act 1861(2).

Commencement Information

I3 Sch. 1 para. 3 in force at 1.8.2013, see art. 1

Manslaughter U.K.

4.  Manslaughter.

Commencement Information

I4 Sch. 1 para. 4 in force at 1.8.2013, see art. 1

Kidnapping U.K.

5.  Kidnapping.

Commencement Information

I5 Sch. 1 para. 5 in force at 1.8.2013, see art. 1

Sexual Offences U.K.

Rape U.K.

6.  An offence under section 1 of the Sexual Offences Act 1956(3) or section 1 of the Sexual Offences Act 2003(4).

Commencement Information

I6 Sch. 1 para. 6 in force at 1.8.2013, see art. 1

Attempted rape U.K.

7.  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

I7 Sch. 1 para. 7 in force at 1.8.2013, see art. 1

Intercourse with a girl under thirteen U.K.

8.  An offence under section 5 of the Sexual Offences Act 1956(5).

Commencement Information

I8 Sch. 1 para. 8 in force at 1.8.2013, see art. 1

Incest by a man with a girl under thirteen U.K.

9.  An offence under section 10 of the Sexual Offences Act 1956(6) alleged to have been committed with a girl under thirteen.

Commencement Information

I9 Sch. 1 para. 9 in force at 1.8.2013, see art. 1

Assault by penetration U.K.

10.  An offence under section 2 of the Sexual Offences Act 2003.

Commencement Information

I10 Sch. 1 para. 10 in force at 1.8.2013, see art. 1

Causing a person to engage in sexual activity without consent U.K.

11.  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

I11 Sch. 1 para. 11 in force at 1.8.2013, see art. 1

Rape of a child under thirteen U.K.

12.  An offence under section 5 of the Sexual Offences Act 2003.

Commencement Information

I12 Sch. 1 para. 12 in force at 1.8.2013, see art. 1

Attempted rape of a child under thirteen U.K.

13.  An offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence under section 5 of the Sexual Offences Act 2003.

Commencement Information

I13 Sch. 1 para. 13 in force at 1.8.2013, see art. 1

Assault of a child under thirteen by penetration U.K.

14.  An offence under section 6 of the Sexual Offences Act 2003.

Commencement Information

I14 Sch. 1 para. 14 in force at 1.8.2013, see art. 1

Causing a child under thirteen to engage in sexual activity U.K.

15.  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

I15 Sch. 1 para. 15 in force at 1.8.2013, see art. 1

Sexual activity with a person with a mental disorder impeding choice U.K.

16.  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

I16 Sch. 1 para. 16 in force at 1.8.2013, see art. 1

Causing a person with a mental disorder impeding choice to engage in sexual activity U.K.

17.  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

I17 Sch. 1 para. 17 in force at 1.8.2013, see art. 1

Drugs Offences U.K.

Unlawful importation of Class A drug U.K.

18.  An offence under section 50(2) of the Customs and Excise Management Act 1979(7) 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

I18 Sch. 1 para. 18 in force at 1.8.2013, see art. 1

Unlawful exportation of Class A drug U.K.

19.  An offence under section 68(2) of the Customs and Excise Management Act 1979(8) 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

I19 Sch. 1 para. 19 in force at 1.8.2013, see art. 1

Fraudulent evasion in respect of Class A drug U.K.

20.  An offence under section 170(1) or (2) of the Customs and Excise Management Act 1979(9) 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

I20 Sch. 1 para. 20 in force at 1.8.2013, see art. 1

Producing or being concerned in production of Class A drug U.K.

21.  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

I21 Sch. 1 para. 21 in force at 1.8.2013, see art. 1

Criminal Damage Offences U.K.

Arson endangering life U.K.

22.  An offence under section 1(2) of the Criminal Damage Act 1971(10) alleged to have been committed by destroying or damaging property by fire.

Commencement Information

I22 Sch. 1 para. 22 in force at 1.8.2013, see art. 1

Causing explosion likely to endanger life or property U.K.

23.  An offence under section 2 of the Explosive Substances Act 1883(11).

Commencement Information

I23 Sch. 1 para. 23 in force at 1.8.2013, see art. 1

Intent or conspiracy to cause explosion likely to endanger life or property U.K.

24.  An offence under section 3(1)(a) of the Explosive Substances Act 1883(12).

Commencement Information

I24 Sch. 1 para. 24 in force at 1.8.2013, see art. 1

War Crimes and Terrorism U.K.

Genocide, crimes against humanity and war crimes U.K.

25.  An offence under section 51 or 52 of the International Criminal Court Act 2001(13).

Commencement Information

I25 Sch. 1 para. 25 in force at 1.8.2013, see art. 1

Grave breaches of the Geneva Conventions U.K.

26.  An offence under section 1 of the Geneva Conventions Act 1957(14).

Commencement Information

I26 Sch. 1 para. 26 in force at 1.8.2013, see art. 1

Directing terrorist organisation U.K.

27.  An offence under section 56 of the Terrorism Act 2000(15).

Commencement Information

I27 Sch. 1 para. 27 in force at 1.8.2013, see art. 1

Hostage-taking U.K.

28.  An offence under section 1 of the Taking of Hostages Act 1982(16).

Commencement Information

I28 Sch. 1 para. 28 in force at 1.8.2013, see art. 1

Conspiracy U.K.

Conspiracy U.K.

29.  An offence under section 1 of the Criminal Law Act 1977(17) of conspiracy to commit an offence listed in this Schedule.

Commencement Information

I29 Sch. 1 para. 29 in force at 1.8.2013, see art. 1

SCHEDULE 2 U.K. Forms

Commencement Information

I30 Sch. 2 in force at 1.8.2013, see art. 1

(1)

1981 c. 47. Section 1 was amended by section 7(3) of the Computer Misuse Act 1990 (c. 18) and by paragraph 58 of Schedule 21 to the Coroners and Justice Act 2009 (c. 25).

(2)

1861 c. 100. Section 4 was amended by section 5(10) of, and Schedule 13 to, the Criminal Law Act 1977 (c. 45).

(3)

1956 c. 69. Section 1 was repealed by paragraph 11(a) of Schedule 6 to the Sexual Offences Act 2003 (c. 42).

(4)

2003 c. 42.

(5)

Section 5 was repealed by paragraph 11(a) of Schedule 6 to the Sexual Offences Act 2003 (c. 42).

(6)

Section 10 was repealed by paragraph 11(a) of Schedule 6 to the Sexual Offences Act 2003 (c. 42).

(7)

1979 c. 2. Section 50(2) was amended by section 114(1) of the Police and Criminal Evidence Act 1984 (c. 60).

(8)

Section 68(2) was amended by section 114(1) of the Police and Criminal Evidence Act 1984 (c. 60).

(9)

Section 170(1) and (2) were amended by section 114(1) of the Police and Criminal Evidence Act 1984 (c. 60).

(10)

1971 c. 48.

(11)

1883 c. 3. Section 2 was substituted by section 7 of the Criminal Jurisdiction Act 1975 (c. 59).

(12)

Section 3(1)(a) was substituted by section 7 of the Criminal Jurisdiction Act 1975 (c. 59) and amended by section 17(5) of the Terrorism Act 2006 (c.11) and Schedule 12 to the Criminal Law Act 1977 (c. 45).

(13)

2001 c. 17.

(14)

1957 c. 52. Section 1 has been amended by Part III of Schedule 3 to the Criminal Law Act 1967 (c. 58), section 1 of the Geneva Conventions (Amendment) Act 1995 (c. 27), section 70(1) of the International Criminal Court Act 2001 (c. 17) and section 1 of the Geneva Conventions and United Nations Personnel (Protocols) Act 2009 (c. 6).

(15)

2000 c. 11.

(16)

1982 c. 28.

(17)

1977 c. 45. Section 1 has been amended by section 5(1) of the Criminal Attempts Act 1981 (c. 47) and Schedule 1 to the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52).