SCHEDULES
SCHEDULE 5Other offences for purposes of Part 2
England and Wales
1
Murder.
2
Manslaughter.
3
Kidnapping.
4
False imprisonment.
F54A
Outraging public decency.
5
An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).
6
An offence under section 16 of that Act (threats to kill).
7
An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).
8
An offence under section 20 of that Act (malicious wounding).
9
An offence under section 21 of that Act (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence).
10
An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence).
11
An offence under section 23 of that Act (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm).
12
An offence under section 27 of that Act (abandoning children).
13
An offence under section 28 of that Act (causing bodily injury by explosives).
14
An offence under section 29 of that Act (using explosives etc. with intent to do grievous bodily harm).
15
An offence under section 30 of that Act (placing explosives with intent to do bodily injury).
16
An offence under section 31 of that Act (setting spring guns etc. with intent to do grievous bodily harm).
17
An offence under section 32 of that Act (endangering the safety of railway passengers).
18
An offence under section 35 of that Act (injuring persons by furious driving).
19
An offence under section 37 of that Act (assaulting officer preserving wreck).
20
An offence under section 38 of that Act (assault with intent to resist arrest).
21
An offence under section 47 of that Act (assault occasioning actual bodily harm).
22
An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property).
23
An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).
24
An offence under section 1 of the Infant Life (Preservation) Act 1929 (c. 34) (child destruction).
25
An offence under section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty to children).
26
An offence under section 1 of the Infanticide Act 1938 (c. 36) (infanticide).
27
An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life).
28
An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence).
29
An offence under section 17(1) of that Act (use of firearm to resist arrest).
30
An offence under section 17(2) of that Act (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act).
31
An offence under section 18 of that Act (carrying a firearm with criminal intent).
F631A
An offence under section 1 of the Theft Act 1968 (c.60) (theft).
32
An offence under section 8 of F1that Act(robbery or assault with intent to rob).
F233
An offence under section 9(1)(a) of that Act (burglary with intent to steal, inflict grievous bodily harm or do unlawful damage).
34
An offence under section 10 of that Act (aggravated burglary).
35
An offence under section 12A of that Act (aggravated vehicle-taking) involving an accident which caused the death of any person.
36
An offence of arson under section 1 of the Criminal Damage Act 1971 (c. 48).
37
An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.
38
An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).
39
An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).
40
An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).
41
An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).
42
An offence under section 4 of that Act (offences in relation to certain dangerous articles).
43
An offence under section 127 of the Mental Health Act 1983 (c. 20) (ill-treatment of patients).
F743A
An offence under section 1 of the Child Abduction Act 1984 (c. 37) (offence of abduction of child by parent, etc).
43B
An offence under section 2 of that Act (offence of abduction of child by other persons).
44
An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).
45
An offence under section 1 of the Public Order Act 1986 (c. 64) (riot).
46
An offence under section 2 of that Act (violent disorder).
47
An offence under section 3 of that Act (affray).
48
An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).
49
An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving).
50
An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).
51
An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).
52
An offence under section 9 of that Act (hijacking of ships).
53
An offence under section 10 of that Act (seizing or exercising control of fixed platforms).
54
An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).
55
An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).
56
An offence under section 13 of that Act (offences involving threats).
F856A
57
58
An offence under section 29 of the Crime and Disorder Act 1998 (c. 37) (racially or religiously aggravated assaults).
59
An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986 (c. 64)).
60
An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).
F960ZA
An offence under section 53 or 54 of the Regulation of Investigatory Powers Act 2000 (contravention of notice relating to encrypted information or tipping off in connection with such a notice).
F1060A
An offence under section 85(3) or (4) of the Postal Services Act 2000 (c. 26) (prohibition on sending certain articles by post).
61
An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.
F1161A
An offence under section 127(1) of the Communications Act 2003 (c. 21) (improper use of public electronic communications network).
62
An offence under section 47 of this Act, where the victim or (as the case may be) other party was 16 or over.
F463
F1263A
Scotland
64
Murder.
65
Culpable homicide.
66
Assault.
67
Assault and robbery.
68
Abduction.
69
Plagium.
70
Wrongful imprisonment.
71
Threatening personal violence.
72
Breach of the peace inferring personal violence.
73
Wilful fireraising.
74
Culpable and reckless fireraising.
75
Mobbing and rioting.
76
An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property).
77
An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosives with intent to endanger life or property).
78
An offence under section 12 of the Children and Young Persons (Scotland) Act 1937 (c. 37) (cruelty to persons under 16).
79
An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life).
80
An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence).
81
An offence under section 17(1) of that Act (use of firearm to resist arrest).
82
An offence under section 17(2) of that Act (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act).
83
An offence under section 18 of that Act (carrying a firearm with criminal intent).
84
An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).
85
An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).
86
An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).
87
An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).
88
An offence under section 4 of that Act (offences in relation to certain dangerous articles).
89
An offence under section 105 of the Mental Health (Scotland) Act 1984 (c. 36) (ill-treatment of patients).
90
An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).
91
An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).
92
An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving).
93
An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).
94
An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).
95
An offence under section 9 of that Act (hijacking of ships).
96
An offence under section 10 of that Act (seizing or exercising control of fixed platforms).
97
An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).
98
An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).
99
An offence under section 13 of that Act (offences involving threats).
100
An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).
101
An offence under section 7 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (procuring).
102
An offence under section 9 of that Act (permitting girl to use premises for intercourse).
103
An offence under section 11 of that Act (trading in prostitution and brothel-keeping).
104
An offence under section 12 of that Act (allowing child to be in brothel).
105
An offence under section 13(9) of that Act (living on earnings of male prostitution etc.).
106
An offence under section 50A of that Act (racially-aggravated harassment).
F13106A
An offence under section 53 or 54 of the Regulation of Investigatory Powers Act 2000 (contravention of notice relating to encrypted information or tipping off in connection with such a notice).
107
An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.
108
An offence under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity, war crimes and related offences as specified in Schedule 1 to that Act).
109
An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (asp 7) (traffic in prostitution etc.).
110
An offence to which section 74 of that Act applies (offences aggravated by religious prejudice).
111
An offence under section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (ill-treatment and wilful neglect of mentally disordered person).
Northern Ireland
112
Murder.
113
Manslaughter.
114
Kidnapping.
115
Riot.
116
Affray.
117
False imprisonment.
F24117A
Outraging public decency.
118
An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).
119
An offence under section 16 of that Act (threats to kill).
120
An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).
121
An offence under section 20 of that Act (malicious wounding).
122
An offence under section 21 of that Act (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence).
123
An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence).
124
An offence under section 23 of that Act (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm).
125
An offence under section 27 of that Act (abandoning children).
126
An offence under section 28 of that Act (causing bodily injury by explosives).
127
An offence under section 29 of that Act (using explosives etc. with intent to do grievous bodily harm).
128
An offence under section 30 of that Act (placing explosives with intent to do bodily injury).
129
An offence under section 31 of that Act (setting spring guns etc. with intent to do grievous bodily harm).
130
An offence under section 32 of that Act (endangering the safety of railway passengers).
131
An offence under section 35 of that Act (injuring persons by furious driving).
132
An offence under section 37 of that Act (assaulting officer preserving wreck).
133
An offence under section 47 of that Act of assault occasioning actual bodily harm.
134
An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property).
135
An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).
136
An offence under section 25 of the Criminal Justice (Northern Ireland) Act 1945 (c. 15) (child destruction).
137
An offence under section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5) (infanticide).
138
An offence under section 7(1)(b) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28) (assault with intent to resist arrest).
F25138A
An offence under section 9(1)(a) of that Act (riotous, disorderly and indecent behaviour, etc).
139
An offence under section 20 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34) (cruelty to children).
F26139A
An offence under section 1 of the Theft Act (Northern Ireland) 1969 (c.16) (basic definition of theft).
140
An offence under section 8 of F14that Act (robbery or assault with intent to rob).
F15141
An offence under section 9(1)(a) of that Act (burglary with intent to steal, inflict grievous bodily harm or do unlawful damage).
142
An offence under section 10 of that Act (aggravated burglary).
143
An offence of arson under Article 3 of the Criminal Damage Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)).
144
An offence under Article 3(2) of that Order (destroying or damaging property) other than an offence of arson.
145
146
An offence under F18Article 58(2) of that Order (possession of firearm with intent to cause fear of violence).
147
An offence under F19Article 59(1) of that Order (use of firearm to resist arrest).
148
149
An offence under F22Article 60 of that Order (carrying a firearm with criminal intent).
150
An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).
151
An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).
152
An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).
153
An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).
154
An offence under section 4 of that Act (offences in relation to certain dangerous articles).
F27154A
An offence under Article 3 of the Child Abduction (Northern Ireland) Order 1985 (S.I. 1638 (N.I. 17)) (offence of abduction of child by parent).
154B
An offence under Article 4 of that Order (offence of abduction of child by other person).
155
An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).
156
An offence under Article 121 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4) (ill-treatment of patients).
157
An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).
158
An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).
159
An offence under section 9 of that Act (hijacking of ships).
160
An offence under section 10 of that Act (seizing or exercising control of fixed platforms).
161
An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).
162
An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).
163
An offence under section 13 of that Act (offences involving threats).
164
An offence under Article 9 of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by dangerous driving).
165
An offence under Article 14 of that Order (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs).
F28165A
An offence under Article 4 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180) (N.I. 9)) (offence of harassment).
166
An offence under Article 6 of F23that Order (putting people in fear of violence).
167
An offence under section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assaulting or obstructing a constable etc.).
168
An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).
F29168ZA
An offence under section 53 or 54 of the Regulation of Investigatory Powers Act 2000 (contravention of notice relating to encrypted information or tipping off in connection with such a notice).
F30168A
An offence under section 85(3) or (4) of the Postal Services Act 2000 (c. 26) (prohibition on sending certain articles by post).
169
An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.
F31169A
An offence under section 127(1) of the Communications Act 2003 (c. 21) (improper use of public electronic communications network).
170
An offence under section 47 of this Act, where the victim or (as the case may be) other party was 17 or over.
F45171
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32171A
An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult).
F33171B
An offence under Article 62 (causing or inciting prostitution for gain) or 63 (controlling prostitution for gain) of the Sexual Offences (Northern Ireland) Order 2008.
F44171C
An offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.
Service offences
172
An offence under—
a
section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),
b
section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), or
c
section 42 of the Naval Discipline Act 1957 (c. 53),
of which the corresponding civil offence (within the meaning of that Act) is an offence under a provision listed in any of paragraphs 1 to F3463A .
F36172A
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 listed in any of paragraphs 1 to 63A.
2
Section 48 of that Act (attempts, conspiracy, F35encouragement and assistance and aiding and abetting outside England and Wales) applies for the purposes of this paragraph as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to this paragraph.
General
173
A reference in a preceding paragraph to an offence includes—
a
a reference to an attempt, conspiracy or incitement to commit that offence, and
b
a reference to aiding, abetting, counselling or procuring the commission of that offence.
F37173A
A reference in a preceding paragraph to an offence (“offence A”) includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed.
174
A reference in a preceding paragraph to a person’s age is a reference to his age at the time of the offence.