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SCHEDULEU.K. Offences referred to in s. 3

1U.K.In the application of section three of this Act to England and Wales and to Northern Ireland, the expression “offence against the person” means any of the following offences, that is to say:—

[F1(za)[F2rape and buggery (offences under the law of Northern Ireland);]]

(a)murder, manslaughter, F3... [F4, torture], F3... [F5robbery] and assault [F6and any offence [F7 under section 2(1) of the Suicide Act 1961 or section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (encouraging or assisting suicide) ]]; and

(b)any offence not falling within the foregoing sub-paragraph, being an offence punishable under any of the following enactments:—

(i)the Offences against the M1Person Act, 1861, except section fifty-seven thereof (which relates to bigamy);

F8(ii)the M2Criminal Law Amendment Act 1885;

(iii)the M3Punishment of Incest Act, 1908;

[F9(iv)F10. . . section eighty-nine of the M4 Mental Health Act (Northern Ireland), 1948 (which relate respectively to certain offences against mentally defective females); ]

F11(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi)sections one to five and section eleven of the M5Children and Young Persons Act, 1933, and sections eleven, twelve, fourteen, fifteen, sixteen and twenty-one of the M6Children and Young Persons Act (Northern Ireland), 1950; and

(vii)the M7Infanticide Act, 1938 and the M8Infanticide Act (Northern Ireland), 1939; [F12and

(vii)(A) article 3(1)(a) of the Protection of Children (Northern Ireland) Order 1978 ]

F13(viii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14(ix) section 1(1)(a) of the Protection of Children Act 1978 ]

[F15(x)the Child Abduction Act 1984.]

[F16[F17(xi)[F18sections 1 to 3 of] the Female Genital Mutilation Act 2003;]

[F19(xii)the Child Abduction (Northern Ireland) Order 1985]

[F20(xiii)Part 1 of the Sexual Offences Act 2003.]

[F21(xiv)the Sexual Offences (Northern Ireland) Order 2008.]

[F22(xv)sections 1 and 2 of the Modern Slavery Act 2015;]

[F23(xvi)section 184 of the Online Safety Act 2023;]

[F24(c) an offence of making such a threat as is mentioned in subsection (3)( a ) of section 1 of the Internationally Protected Persons Act 1978 and any of the following offences against a protected person within the meaning of that section, namely an offence of kidnapping, an offence of false imprisonment and an offence under section 2 of the Explosive Substances Act 1883 of causing an explosion likely to endanger life. ]

[F25(d)an offence under section 2 of the Nuclear Material (Offences) Act 1983, where the circumstances are that—

(i) in the case of a contravention of subsection (2), the act falling within paragraph (a) or (b) of that subsection would, had it been done, have constituted an offence falling within sub-paragraph (a) or (b) of this paragraph, or

(ii)in the case of a contravention of subsection (3) or (4), the act threatened would, had it been done, have constituted such an offence]

[F26(e) an offence of making such a threat as is mentioned in section 3 of the United Nations Personnel Act 1997 and any of the following offences against a UN worker within the meaning of that Act—

(i)an offence of kidnapping;

(ii)an offence of false imprisonment;

(iii)an offence under section 2 of the Explosive Substances Act 1883 of causing an explosion likely to endanger life.]]

Textual Amendments

F3Words in Sch. para. 1(a) repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 6 para. 8(3), Sch. 7; S.I. 2004/874, art. 2

F8Sch. para 1(b)(ii)(iii) repealed (E.W.) by Sexual Offences Act 1956 (c. 69), S. 52, Sch.4

F11Sch. paras. 1(b)(v), 3(a)(d)(e) repealed (E.W.) (S.) by Theft Act 1968 (c. 60), s. 33(3), Sch. 3 Pt. III and (N.I.) by Theft Act (Northern Ireland) 1969 (c. 16), Sch. 3 Pt. II

F12Sch. para. 1(b)(vii)(A) added (N.I.) by S.I. 1978/1047 (N.I.), art. 9

F13Sch. para. 1(b)(viii) repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 7; S.I. 2004/874, art. 2

F15Sch. para. 1(b)(x) inserted (E.W.) by Child Abduction Act 1984 (c. 37, SIF 39:4), s. 11(1)

F16Sch. para. 1(b)(xi) substituted (3.3.2004) by Female Genital Mutilation Act 2003 (c. 31), ss. 7(2), 8(2) (with s. 8(5)); S.I. 2004/286, art. 2

F18Words in Sch. para. 1(b)(xi) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 1; S.I. 2015/820, reg. 2(r)(i)

F19Sch. para. 1(b)(xii) inserted by S.I. 1985/1638 (N.I. 17), art. 7(1)

Marginal Citations

2U.K.In the application of the said section three to Scotland, the expression “offence against the person” means any of the following offences, that is to say:—

(a)murder, culpable homicide, rape [F27, torture], robbery, assault, incest, sodomy, lewd, indecent and libidinous practices, procuring abortion, abduction, cruel and unnatural treatment of persons, threats to murder or to injure persons; and

(b)any offence not falling within the last foregoing sub-paragraph, being an offence punishable under any of the following enactments:—

(i)the M9Criminal Law Amendment Act, 1885;

(ii)section forty-six of the M10Mental Deficiency and Lunacy (Scotland) Act, 1913 (which relates to certain offences against mentally defective females); [F28and]

(iii)sections twelve to sixteen and twenty-two of the M11Children and Young Persons (Scotland) Act, 1937.

[F29(iv)section 52(1)(a) of the Civic Government (Scotland) Act 1982.]

[F30(v)section 184 of the Online Safety Act 2023;]

[F31(c)an offence of making such a threat as is mentioned in subsection (3)(a) of section 1 of the Internationally Protected Persons Act 1978 and the following offence against a protected person within the meaning of that section, namely, an offence under section 2 of the Explosive Substances Act 1883 of causing an explosion likely to endanger life.]

[F32(d)an offence under section 2 of the Nuclear Material (Offences) Act 1983, where the circumstances are that—

(i)in the case of a contravention of subsection (2); the act falling within paragraph (a) or (b) of that subsection would, had it been done, have constituted an offence falling within sub-paragraph (a) or (b) of this paragraph, or

(ii)in the case of a contravention of subsection (3) or (4), the act threatened would, had it been done, have constituted such an offence]

[F33(e)an offence of making such a threat as is mentioned in section 3 of the United Nations Personnel Act 1997 and an offence of causing an explosion likely to endanger life, committed against a UN worker (within the meaning of that Act), under section 2 of the Explosive Substances Act 1883.]

Textual Amendments

Marginal Citations

3U.K.In the application of the said section three to England and Wales and to Northern Ireland, the expression “offence against property” means any offence punishable under any of the following enactments, that is to say:—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

(b)the M12Malicious Damage Act, 1861;

(c)section thirteen of the M13Debtors Act, 1869, and section thirteen of the M14Debtors Act (Ireland), 1872 (which relate respectively to the obtaining of credit by false pretences and to certain frauds on creditors);

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

(f)section twenty-eight of the M15Road Traffic Act, 1930, and section four of the M16Motor Vehicles and Road Traffic Act (Northern Ireland), 1930 (which relate respectively to the taking of a motor vehicle without the owner’s consent.)

[F35(g)the M17Theft Act 1968, except section 8 (robbery)];

[F36(g)the M18Theft Act (Northern Ireland) 1969, except section 8 (robbery)];

[F37(h)the Criminal Damage (Northern Ireland) Order 1977.]

[F38(h)the M19Criminal Damage Act 1971.]

[F39(i)an offence under section 2 of the M20Explosive Substances Act 1883 of causing an explosion likely to cause serious injury to property in connection with such an attack as is mentioned in section 1(1)(b) of the Internationally Protected Persons Act 1978.]

[F40(j)the Theft Act 1978; [F41and the Theft (Northern Ireland) Order 1978]]

[F42(k)an offence under section 2 of the Nuclear Material (Offences) Act 1983, where the circumstances are that—

(i)in the case of a contravention of subsection (2), the act falling within paragraph (a) or (b) of that subsection would, had it been done, have constituted an offence falling within the foregoing sub-paragraphs, or

(ii)in the case of a contravention of subsection (3) or (4), the act threatened would, had it been done, have constituted such an offence.]

F43[(l)an offence under section 2 of the Explosive Substances Act 1883 of causing an explosion likely to cause serious injury to property in connection with such an attack as is mentioned in section 2(1) of the United Nations Personnel Act 1997.]

[F44(m)the M21Fraud Act 2006.]

Textual Amendments

F34Sch. paras. 1(b)(v), 3(a)(d)(e) repealed (E.W.) (S.) by Theft Act 1968 (c. 60), s. 33(3), Sch. 3 Pt. III and (N.I.) by Theft Act (Northern Ireland) 1969 (c. 16), Sch. 3 Pt. II

F35Para. 3(g) added (E.W.) by Theft Act 1968 (c. 60), Sch. 2 Pt. III

F37Para. 3(h) added (N.I.) by S.I. 1977/426, art. 13(2)

F40Sch. para. 3(j) added (E.W.) by Theft Act 1978 (c. 31, SIF 39:6), s. 5(4)

F41Words added (N.I.) by S.I. 1978/1407, art. 7(3)

F42Sch. para. 3(k) added (2.10.1991) by Nuclear Material (Offences) Act 1983 (c. 18, SIF 8), ss. 4(2)(b), 8(2)

F43Sch. para. 3(l) inserted (27.4.1997) by 1997 c. 13, ss. 7, 10(2), Sch. para. 1(4)

F44Sch. para. 3(m) inserted (15.1.2007) by Fraud Act 2006 (c. 35), Sch.1 para. 2

Marginal Citations

4U.K.In the application of the said section three to Scotland, the expression “offence against property” means any of the following offences, that is to say:—

(a)theft, housebreaking with intent to steal, opening lockfast places with intent to steal, reset, plagium, breach of trust and embezzlement, falsehood, fraud and wilful imposition, threats to extort money or with intent to extort money, and malicious mischief; and

(b)any offence under section twenty-eight of the M22Road Traffic Act, 1930.

[F45(c)any of the following offences in connection with such an attack as is mentioned in section 1(1)(b) of the Internationally Protected Persons Act 1978, namely an offence of wilful fireraising and an offence under section 2 of the Explosive Substances Act 1883 of causing an explosion likely to cause serious injury to property.]

[F46(d)an offence under section 2 of the Nuclear Material (Offences) Act 1983, where the circumstances are that—

(i)in the case of a contravention of subsection (2), the act falling within paragraph (a) or (b) of that subsection would, had it been done, have constituted an offence falling within sub-paragraph (a) or (b) of this paragraph, or

(ii)in the case of a contravention of subsection (3) or (4), the act threatened would, had it been done, have constituted such an offence]

[F47(e)any of the following offences in connection with such an attack as is mentioned in section 2(1) of the United Nations Personnel Act 1997—

(i)an offence of wilful fireraising;

(ii)an offence under section 2 of the Explosive Substances Act 1883 of causing an explosion likely to cause serious injury to property.]

Textual Amendments

Marginal Citations