Search Legislation

Criminal Justice Act 2003

Changes to legislation:

Criminal Justice Act 2003, SCHEDULE 5 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 5:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Section 75

SCHEDULE 5E+W+N.I.Qualifying offences for purposes of Part 10

This schedule has no associated Explanatory Notes

Part 1E+W+N.I.List of offences for England and Wales

Offences Against the PersonE+W+N.I.

MurderE+W+N.I.

1E+W+N.I.Murder.

Commencement Information

I1Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Attempted murderE+W+N.I.

2E+W+N.I.An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit murder.

Commencement Information

I1Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Soliciting murderE+W+N.I.

3E+W+N.I.An offence under section 4 of the Offences against the Person Act 1861 (c. 100).

Commencement Information

I1Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

ManslaughterE+W+N.I.

4E+W+N.I.Manslaughter.

Commencement Information

I1Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

[F1Corporate manslaughterE+W+N.I.

Textual Amendments

4AE+W+N.I.An offence under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007.]

Textual Amendments

KidnappingE+W+N.I.

5E+W+N.I.Kidnapping.

Commencement Information

I1Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Sexual OffencesE+W+N.I.

RapeE+W+N.I.

6E+W+N.I.An offence under section 1 of the Sexual Offences Act 1956 (c. 69) or section 1 of the Sexual Offences Act 2003 (c. 42).

Commencement Information

I2Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Attempted rapeE+W+N.I.

7E+W+N.I.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

I2Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Intercourse with a girl under thirteenE+W+N.I.

8E+W+N.I.An offence under section 5 of the Sexual Offences Act 1956.

Commencement Information

I2Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Incest by a man with a girl under thirteenE+W+N.I.

9E+W+N.I.An offence under section 10 of the Sexual Offences Act 1956 alleged to have been committed with a girl under thirteen.

Commencement Information

I2Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Assault by penetrationE+W+N.I.

10E+W+N.I.An offence under section 2 of the Sexual Offences Act 2003 (c. 42).

Commencement Information

I2Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Causing a person to engage in sexual activity without consentE+W+N.I.

11E+W+N.I.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

I2Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Rape of a child under thirteenE+W+N.I.

12E+W+N.I.An offence under section 5 of the Sexual Offences Act 2003.

Commencement Information

I2Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Attempted rape of a child under thirteenE+W+N.I.

13E+W+N.I.An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an offence under section 5 of the Sexual Offences Act 2003.

Commencement Information

I2Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Assault of a child under thirteen by penetrationE+W+N.I.

14E+W+N.I.An offence under section 6 of the Sexual Offences Act 2003.

Commencement Information

I2Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Causing a child under thirteen to engage in sexual activityE+W+N.I.

15E+W+N.I.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

I2Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Sexual activity with a person with a mental disorder impeding choiceE+W+N.I.

16E+W+N.I.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

I2Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Causing a person with a mental disorder impeding choice to engage in sexual activityE+W+N.I.

17E+W+N.I.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

I2Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Drugs OffencesE+W+N.I.

Unlawful importation of Class A drugE+W+N.I.

18E+W+N.I.An offence under section 50(2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).

Commencement Information

I3Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Unlawful exportation of Class A drugE+W+N.I.

19E+W+N.I.An offence under section 68(2) of the Customs and Excise Management Act 1979 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

I3Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Fraudulent evasion in respect of Class A drugE+W+N.I.

20E+W+N.I.An offence under section 170(1) or (2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).

Commencement Information

I3Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Producing or being concerned in production of Class A drugE+W+N.I.

21E+W+N.I.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

I3Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Criminal Damage OffencesE+W+N.I.

Arson endangering lifeE+W+N.I.

22E+W+N.I.An offence under section 1(2) of the Criminal Damage Act 1971 (c. 48) alleged to have been committed by destroying or damaging property by fire.

Commencement Information

I4Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Causing explosion likely to endanger life or propertyE+W+N.I.

23E+W+N.I.An offence under section 2 of the Explosive Substances Act 1883 (c. 3).

Commencement Information

I4Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Intent or conspiracy to cause explosion likely to endanger life or propertyE+W+N.I.

24E+W+N.I.An offence under section 3(1)(a) of the Explosive Substances Act 1883.

Commencement Information

I4Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

War Crimes and TerrorismE+W+N.I.

Genocide, crimes against humanity and war crimesE+W+N.I.

25E+W+N.I.An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).

Commencement Information

I5Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Grave breaches of the Geneva ConventionsE+W+N.I.

26E+W+N.I.An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).

Commencement Information

I5Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Directing terrorist organisationE+W+N.I.

27E+W+N.I.An offence under section 56 of the Terrorism Act 2000 (c. 11).

Commencement Information

I5Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Hostage-takingE+W+N.I.

28E+W+N.I.An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).

Commencement Information

I5Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

ConspiracyE+W+N.I.

ConspiracyE+W+N.I.

29E+W+N.I.An offence under section 1 of the Criminal Law Act 1977 (c. 45) of conspiracy to commit an offence listed in this Part of this Schedule.

Commencement Information

I6Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Part 2E+W+N.I.List of offences for Northern Ireland

Offences Against the PersonE+W+N.I.

MurderE+W+N.I.

30E+W+N.I.Murder.

Attempted murderE+W+N.I.

31E+W+N.I.An offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit murder.

Soliciting murderE+W+N.I.

32E+W+N.I.An offence under section 4 of the Offences against the Person Act 1861 (c. 100).

ManslaughterE+W+N.I.

33E+W+N.I.Manslaughter.

[F2Corporate manslaughterE+W+N.I.

Textual Amendments

33AE+W+N.I.An offence under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007.]

Textual Amendments

KidnappingE+W+N.I.

34E+W+N.I.Kidnapping.

Sexual OffencesE+W+N.I.

RapeE+W+N.I.

35E+W+N.I.Rape.

[F335AE+W+N.I.An offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008.]

Attempted rapeE+W+N.I.

36E+W+N.I.An offence under section 2 of the Attempted Rape, etc., Act (Northern Ireland) 1960.

[F436AE+W+N.I.An offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit an offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008.]

Intercourse with a girl under fourteenE+W+N.I.

37E+W+N.I.An offence under section 4 of the Criminal Law Amendment Act 1885 (c. 69) of unlawfully and carnally knowing a girl under fourteen.

Incest by a man with a girl under fourteenE+W+N.I.

38E+W+N.I.An offence under section 1(1) of the Punishment of Incest Act 1908 (c. 45) alleged to have been committed with a girl under fourteen.

[F5Assault by penetrationE+W+N.I.

Textual Amendments

38AE+W+N.I.An offence under Article 6 of the Sexual Offences (Northern Ireland) Order 2008.

Textual Amendments

Causing a person to engage in sexual activity without consentE+W+N.I.

38BE+W+N.I.An offence under Article 8 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that the activity caused involved penetration within paragraph (4)(a) to (d) of that Article.

Textual Amendments

Rape of a child under thirteenE+W+N.I.

38CE+W+N.I.An offence under Article 12 of the Sexual Offences (Northern Ireland) Order 2008.

Textual Amendments

Attempted rape of a child under thirteenE+W+N.I.

38DE+W+N.I.An offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit an offence under Article 12 of the Sexual Offences (Northern Ireland) Order 2008.

Textual Amendments

Assault of child under thirteen by penetrationE+W+N.I.

38EE+W+N.I.An offence under Article 13 of the Sexual Offences (Northern Ireland) Order 2008.

Textual Amendments

Causing a child under thirteen to engage in sexual activity by penetrationE+W+N.I.

38FE+W+N.I.An offence under Article 15 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that an activity involving penetration within paragraph (2)(a) to (d) of that Article was caused.

Textual Amendments

Sexual activity with a person with a mental disorder impeding choiceE+W+N.I.

38GE+W+N.I.An offence under Article 43 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that the touching involved penetration within paragraph (3)(a) to (d) of that Article.

Textual Amendments

Causing a person with a mental disorder impeding choice to engage in sexual activityE+W+N.I.

38HE+W+N.I.An offence under Article 44 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that an activity involving penetration within paragraph (3)(a) to (d) of that Article was caused.]

Textual Amendments

Drugs OffencesE+W+N.I.

Unlawful importation of Class A drugE+W+N.I.

39E+W+N.I.An offence under section 50(2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).

Unlawful exportation of Class A drugE+W+N.I.

40E+W+N.I.An offence under section 68(2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).

Fraudulent evasion in respect of Class A drugE+W+N.I.

41E+W+N.I.An offence under section 170(1) or (2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).

Producing or being concerned in production of Class A drugE+W+N.I.

42E+W+N.I.An offence under section 4(2) of the Misuse of Drugs Act 1971 alleged to have been committed in respect of a Class A drug (as defined by section 2 of that Act).

Criminal Damage OffencesE+W+N.I.

Arson endangering lifeE+W+N.I.

43E+W+N.I.An offence under Article 3(2) of the Criminal Damage (Northern Ireland) Order 1977 alleged to have been committed by destroying or damaging property by fire.

Causing explosion likely to endanger life or propertyE+W+N.I.

44E+W+N.I.An offence under section 2 of the Explosive Substances Act 1883 (c. 3).

Intent or conspiracy to cause explosion likely to endanger life or propertyE+W+N.I.

45E+W+N.I.An offence under section 3(1)(a) of the Explosive Substances Act 1883.

War Crimes and TerrorismE+W+N.I.

Genocide, crimes against humanity and war crimesE+W+N.I.

46E+W+N.I.An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).

Grave breaches of the Geneva ConventionsE+W+N.I.

47E+W+N.I.An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).

Directing terrorist organisationE+W+N.I.

48E+W+N.I.An offence under section 56 of the Terrorism Act 2000 (c. 11).

Hostage-takingE+W+N.I.

49E+W+N.I.An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).

ConspiracyE+W+N.I.

ConspiracyE+W+N.I.

50E+W+N.I.An offence under Article 9 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of conspiracy to commit an offence listed in this Part of this Schedule.

Part 3E+W+N.I.Supplementary

51E+W+N.I.A reference in this Schedule to an offence includes a reference to an offence of aiding, abetting, counselling or procuring the commission of the offence.

Commencement Information

I7Sch. 5 Pt. 3 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

52E+W+N.I.A reference in this Schedule to an enactment includes a reference to the enactment as enacted and as amended from time to time.

Commencement Information

I8Sch. 5 Pt. 3 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources