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Section 6
1(1)An offence under section 42 of the Armed Forces Act 2006 (criminal conduct) is an “excluded offence” if the corresponding civil offence is an offence referred to in any of paragraphs 2 to 14, 30 and 31.U.K.
(2)In sub-paragraph (1) the reference to section 42 of the Armed Forces Act 2006 is to be taken to include a reference to—
(a)section 70 of the Army Act 1955 (civil offences),
(b)section 70 of the Air Force Act 1955 (civil offences), and
(c)section 42 of the Naval Discipline Act 1957 (civil offences).
Commencement Information
I1Sch. 1 para. 1 in force at 30.6.2021 by S.I. 2021/678, reg. 2
2U.K.An offence under any provision of the Sexual Offences Act 1956.
Commencement Information
I2Sch. 1 para. 2 in force at 30.6.2021 by S.I. 2021/678, reg. 2
3U.K.An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards child under 14).
Commencement Information
I3Sch. 1 para. 3 in force at 30.6.2021 by S.I. 2021/678, reg. 2
4U.K.An offence under section 1(1) of the Genocide Act 1969 (genocide).
Commencement Information
I4Sch. 1 para. 4 in force at 30.6.2021 by S.I. 2021/678, reg. 2
5U.K.An offence under section 54 of the Criminal Law Act 1977 (inciting child under 16 to commit incest).
Commencement Information
I5Sch. 1 para. 5 in force at 30.6.2021 by S.I. 2021/678, reg. 2
6U.K.An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).
Commencement Information
I6Sch. 1 para. 6 in force at 30.6.2021 by S.I. 2021/678, reg. 2
7U.K.An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child).
Commencement Information
I7Sch. 1 para. 7 in force at 30.6.2021 by S.I. 2021/678, reg. 2
8U.K.An offence under any provision of the Sexual Offences Act 2003.
Commencement Information
I8Sch. 1 para. 8 in force at 30.6.2021 by S.I. 2021/678, reg. 2
9U.K.An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images).
Commencement Information
I9Sch. 1 para. 9 in force at 30.6.2021 by S.I. 2021/678, reg. 2
10U.K.An offence under section 62 of the Coroners and Justice Act 2009 (possession of prohibited images of children).
Commencement Information
I10Sch. 1 para. 10 in force at 30.6.2021 by S.I. 2021/678, reg. 2
F111U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 1 para. 11 omitted (31.1.2024) by virtue of Online Safety Act 2023 (c. 50), s. 240(1), Sch. 14 para. 24; S.I. 2024/31, reg. 2
12U.K.An offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).
Commencement Information
I11Sch. 1 para. 12 in force at 30.6.2021 by S.I. 2021/678, reg. 2
13U.K.An offence at common law of outraging public decency.
Commencement Information
I12Sch. 1 para. 13 in force at 30.6.2021 by S.I. 2021/678, reg. 2
14U.K.An offence within any of paragraphs 18 to 20 (certain offences under the International Criminal Court Act 2001).
Commencement Information
I13Sch. 1 para. 14 in force at 30.6.2021 by S.I. 2021/678, reg. 2
15U.K.A reference in paragraphs 2 to 14 or paragraphs 30 and 31 to an offence (“offence A”) includes—
(a)a reference to an attempt to commit offence A,
(b)a reference to a conspiracy to commit offence A,
(c)a reference to incitement to commit offence A,
(d)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, and
(e)a reference to aiding and abetting, counselling or procuring the commission of offence A.
Commencement Information
I14Sch. 1 para. 15 in force at 30.6.2021 by S.I. 2021/678, reg. 2
16(1)In paragraph 1(1) the reference to the “corresponding civil offence” is—U.K.
(a)in relation to an offence under section 42 of the Armed Forces Act 2006, to the corresponding offence under the law of England and Wales within the meaning of that section;
(b)in relation to an offence under section 70 of the Army Act 1955 or section 70 of the Air Force Act 1955, to the corresponding civil offence within the meaning of that Act;
(c)in relation to an offence under section 42 of the Naval Discipline Act 1957, to the civil offence within the meaning of that section.
(2)Section 48 of the Armed Forces Act 2006 (supplementary provisions relating to ancillary service offences) applies for the purposes of sub-paragraph (1)(a) as it applies for the purposes of the provisions of that Act referred to in subsection (3)(b) of that section.
Commencement Information
I15Sch. 1 para. 16 in force at 30.6.2021 by S.I. 2021/678, reg. 2
17U.K.An offence under the law of England and Wales or Northern Ireland within any of paragraphs 18 to 23 is an “excluded offence” in that part of the United Kingdom.
Commencement Information
I16Sch. 1 para. 17 in force at 30.6.2021 by S.I. 2021/678, reg. 2
18U.K.An offence under section 51 of the International Criminal Court Act 2001 (genocide, crimes against humanity and war crimes).
Commencement Information
I17Sch. 1 para. 18 in force at 30.6.2021 by S.I. 2021/678, reg. 2
19U.K.An ancillary offence under the law of England and Wales in relation to an offence within paragraph 18.
Commencement Information
I18Sch. 1 para. 19 in force at 30.6.2021 by S.I. 2021/678, reg. 2
20U.K.An offence under subsection (1) of section 52 of the International Criminal Court Act 2001 (conduct ancillary to war crimes etc committed outside jurisdiction) where the act referred to in that subsection would, if committed in England and Wales, constitute—
(a)an offence within paragraph 18, or
(b)an offence within this paragraph.
Commencement Information
I19Sch. 1 para. 20 in force at 30.6.2021 by S.I. 2021/678, reg. 2
21U.K.An offence under section 58 of the International Criminal Court Act 2001 (genocide, crimes against humanity and war crimes).
Commencement Information
I20Sch. 1 para. 21 in force at 30.6.2021 by S.I. 2021/678, reg. 2
22U.K.An ancillary offence under the law of Northern Ireland in relation to an offence within paragraph 21.
Commencement Information
I21Sch. 1 para. 22 in force at 30.6.2021 by S.I. 2021/678, reg. 2
23U.K.An offence under subsection (1) of section 59 of the International Criminal Court Act 2001 (conduct ancillary to war crimes etc committed outside jurisdiction) where the act referred to in that subsection would, if committed in Northern Ireland, constitute—
(a)an offence within paragraph 21, or
(b)an offence within this paragraph.
Commencement Information
I22Sch. 1 para. 23 in force at 30.6.2021 by S.I. 2021/678, reg. 2
24U.K.In this Part of this Schedule—
(a)references to an ancillary offence under the law of England and Wales are to be interpreted in accordance with section 55 of the International Criminal Court Act 2001;
(b)references to an ancillary offence under the law of Northern Ireland are to be interpreted in accordance with section 62 of that Act.
Commencement Information
I23Sch. 1 para. 24 in force at 30.6.2021 by S.I. 2021/678, reg. 2
25U.K.An offence within any of paragraphs 26 to 28 is an “excluded offence” in Scotland.
Commencement Information
I24Sch. 1 para. 25 in force at 30.6.2021 by S.I. 2021/678, reg. 2
26U.K.An offence under section 1(1) of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity and war crimes).
Commencement Information
I25Sch. 1 para. 26 in force at 30.6.2021 by S.I. 2021/678, reg. 2
27U.K.An offence under section 2(1) of that Act (conduct ancillary to war crimes etc) of engaging in conduct ancillary to an act that constitutes—
(a)an offence within paragraph 26, or
(b)an offence within this paragraph or paragraph 28.
Commencement Information
I26Sch. 1 para. 27 in force at 30.6.2021 by S.I. 2021/678, reg. 2
28U.K.An offence under subsection (3) of section 2 of that Act of engaging in conduct ancillary to an act committed (or intended to be committed) outside Scotland, where—
(a)the offence mentioned in paragraph (a) of that subsection is an offence within paragraph 26, or
(b)(as the case may be) the offence mentioned in paragraph (b) of that subsection is an offence within paragraph 27.
Commencement Information
I27Sch. 1 para. 28 in force at 30.6.2021 by S.I. 2021/678, reg. 2
29U.K.In this Part of this Schedule references to an ancillary offence are to be interpreted in accordance with section 7 of the International Criminal Court (Scotland) Act 2001.
Commencement Information
I28Sch. 1 para. 29 in force at 30.6.2021 by S.I. 2021/678, reg. 2
30U.K.An offence under section 134 of the Criminal Justice Act 1988 (torture) is an excluded offence.
Commencement Information
I29Sch. 1 para. 30 in force at 30.6.2021 by S.I. 2021/678, reg. 2
31U.K.An offence under section 1(1) of the Geneva Conventions Act 1957 (grave breaches of the Geneva Conventions) is an excluded offence.
Commencement Information
I30Sch. 1 para. 31 in force at 30.6.2021 by S.I. 2021/678, reg. 2
32(1)Where by virtue of section 72 of the Sexual Offences Act 2003 (offences outside the United Kingdom) an act done outside the United Kingdom constitutes an offence under the law of England and Wales or Northern Ireland, that offence is an “excluded offence” in that part of the United Kingdom.U.K.
(2)Where by virtue of subsection (3) of that section proceedings for an offence may be brought against a person in England and Wales or Northern Ireland in respect of an act done outside the United Kingdom, that offence is an “excluded offence” in that part of the United Kingdom.
Commencement Information
I31Sch. 1 para. 32 in force at 30.6.2021 by S.I. 2021/678, reg. 2
33(1)Where by virtue of Article 76 of the Sexual Offences (Northern Ireland) Order 2008 (offences outside the United Kingdom) an act done outside the United Kingdom constitutes an offence under the law of Northern Ireland, that offence is an “excluded offence” in Northern Ireland.U.K.
(2)Where by virtue of paragraph (3) of that Article proceedings for an offence may be brought against a person in Northern Ireland in respect of an act done outside the United Kingdom, that offence is an “excluded offence” in Northern Ireland.
Commencement Information
I32Sch. 1 para. 33 in force at 30.6.2021 by S.I. 2021/678, reg. 2
34(1)Where by virtue of section 55 of the Sexual Offences (Scotland) Act 2009 (offences committed outside the United Kingdom) an act done outside the United Kingdom constitutes an offence under the law of Scotland, that offence is an “excluded offence” in Scotland.U.K.
(2)Where by virtue of subsection (2A) of that section proceedings for an offence may be brought against a person in Scotland in respect of an act done outside the United Kingdom, that offence is an “excluded offence” in relation to Scotland.
Commencement Information
I33Sch. 1 para. 34 in force at 30.6.2021 by S.I. 2021/678, reg. 2
35U.K.Where by virtue of section 7 of the Sex Offenders Act 1997 (sexual offences committed outside the United Kingdom) an act done outside the United Kingdom constitutes an offence under the law of England and Wales or Northern Ireland, that offence is an “excluded offence” in that part of the United Kingdom.
Commencement Information
I34Sch. 1 para. 35 in force at 30.6.2021 by S.I. 2021/678, reg. 2
36U.K.Where by virtue of section 16B of the Criminal Law (Consolidation) (Scotland) Act 1995 (commission of certain sexual acts outside the United Kingdom) an act done outside the United Kingdom constitutes an offence under the law of Scotland, that offence is an “excluded offence” in Scotland.
Commencement Information
I35Sch. 1 para. 36 in force at 30.6.2021 by S.I. 2021/678, reg. 2