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SCHEDULES

Section 45

SCHEDULE 4Offences to which defence in section 45 does not apply

Common law offences

1False imprisonment.

2Kidnapping.

3Manslaughter.

4Murder.

5Perverting the course of justice.

6Piracy.

Offences against the Person Act 1861 (c. 100)

7An offence under any of the following provisions of the Offences Against the Person Act 1861—

Explosive Substances Act 1883 (c. 3)

8An offence under any of the following provisions of the Explosive Substances Act 1883—

Infant Life (Preservation) Act 1929 (c. 34)

9An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).

Children and Young Persons Act 1933 (c. 12)

10An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children).

Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)

11An offence under section 2 of the Public Order Act 1936 (control etc of quasi-military organisation).

Infanticide Act 1938 (c. 36)

12An offence under section 1 of the Infanticide Act 1938 (infanticide).

Firearms Act 1968 (c. 27)

13An offence under any of the following provisions of the Firearms Act 1968—

Theft Act 1968 (c. 60)

14An offence under any of the following provisions of the Theft Act 1968—

Criminal Damage Act 1971 (c. 48)

15The following offences under the Criminal Damage Act 1971—

Immigration Act 1971 (c. 77)

16An offence under section 25 of the Immigration Act 1971 (assisting unlawful immigration to member state).

Customs and Excise Management Act 1979 (c. 2)

17An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles).

Taking of Hostages Act 1982 (c. 28)

18An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

Aviation Security Act 1982 (c. 36)

19An offence under any of the following provisions of the Aviation Security Act 1982—

Mental Health Act 1983 (c. 20)

20An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients).

Child Abduction Act 1984 (c. 37)

21An offence under any of the following provisions of the Child Abduction Act 1984—

Public Order Act 1986 (c. 64)

22An offence under any of the following provisions of the Public Order Act 1986—

Criminal Justice Act 1988 (c. 33)

23An offence under section 134 of the Criminal Justice Act 1988 (torture).

Road Traffic Act 1988 (c. 52)

24An offence under any of the following provisions of the Road Traffic Act 1988—

Aviation and Maritime Security Act 1990 (c. 31)

25An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

Channel Tunnel (Security) Order 1994 (S.I. 1994/570)

26An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (SI 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

Protection from Harassment Act 1997 (c. 40)

27An offence under any of the following provisions of the Protection from Harassment Act 1997—

Crime and Disorder Act 1998 (c. 37)

28An offence under any of the following provisions of the Crime and Disorder Act 1998 —

Terrorism Act 2000 (c. 11)

29An offence under any of the following provisions of the Terrorism Act 2000—

International Criminal Court Act 2001 (c. 17)

30An offence under any of the following provisions of the International Criminal Court Act 2001—

Anti-terrorism, Crime and Security Act 2001 (c. 24)

31An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

Female Genital Mutilation Act 2003 (c. 31)

32An offence under any of the following provisions of the Female Genital Mutilation Act 2003—

Sexual Offences Act 2003 (c. 42)

33An offence under any of the following provisions of the Sexual Offences Act 2003—

Domestic Violence, Crime and Victims Act 2004 (c. 28)

34An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm).

Terrorism Act 2006 (c. 11)

35An offence under any of the following provisions of the Terrorism Act 2006—

Modern Slavery Act 2015 (c. 30)

36An offence under any of the following provisions of the Modern Slavery Act 2015—

Ancillary offences

37(1)An offence of attempting or conspiring to commit an offence listed in this Schedule.

(2)An offence committed by aiding, abetting, counselling or procuring an offence listed in this Schedule.

(3)An offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting) where the offence (or one of the offences) which the person in question intends or believes would be committed is an offence listed in this Schedule.