SCHEDULE 3SPECIFIED OFFENCES
Offences in England and WalesI11
1
An offence under section 1 (offence of sending letters etc. with intent to cause distress or anxiety) of the Malicious Communications Act 198876.
2
An offence under section 49 or 50(9) of the 1989 Act (offences relating to the abduction of a child in care).
3
An offence under any of the following sections of the Protection from Harassment Act 199777—
a
section 4 (putting people in fear of violence), or
b
section 4A (stalking involving fear of violence or serious alarm or distress)78.
4
An offence under any of the following sections of the Terrorism Act 200079—
a
section 11 (membership),
b
section 12 (support),
c
section 13 (uniform),
d
section 15 (fund-raising),
e
section 54 (weapons training)80,
f
section 56 (directing terrorist organisation),
g
section 58A (eliciting, publishing or communicating information about members of armed forces etc)81,
h
section 59 (England and Wales), or
i
section 63 (terrorist finance: jurisdiction).
5
An offence in relation to a children’s home under or by virtue of any of the following provisions of the Care Standards Act 2000—
a
section 11(1) (failure to register),
b
section 24 (failure to comply with conditions),
c
section 25 (contravention of regulations),
d
section 26 (false descriptions of establishments and agencies), or
e
section 27 (false statements in applications).
6
An offence under section 127 (improper use of public electronic communications network) of the Communications Act 200382.
7
An offence under any of the following provisions of the Sexual Offences Act 2003—
a
section 15A (sexual communication with a child)83,
b
section 62 or 63 (committing an offence or trespassing with intent to commit a sexual offence),
c
section 64 or 65 (sex with an adult relative),
d
section 67A (voyeurism: additional offences),
e
section 69 (intercourse with an animal)84,or
f
section 70 (sexual penetration of a corpse).
8
An offence under any of the following provisions of the Terrorism Act 200685—
a
section 1 (encouragement of terrorism),
b
section 2 (dissemination of terrorist publications),
c
section 5 (preparation of terrorist acts),
d
section 6 (training for terrorism)86,
e
section 8 (attendance at a place used for terrorist training),
f
section 9 (making and possession of devices or materials), or
g
section 11 (terrorist threats relating to devices, materials or facilities).
9
An offence under section 62 (possession of prohibited images of children) of the Coroners and Justice Act 200987.
10
An offence under any of the following provisions of the Criminal Justice and Courts Act 201588—
a
section 20 (ill treatment or wilful neglect: care worker offence),
b
section 21 (ill treatment or wilful neglect: care provider offence), or
c
section 33 (disclosing private sexual photographs and film with intent to cause distress).
11
An offence under any of the following provisions of the Serious Crime Act 201589—
a
section 69 (possession of paedophile manual)90, or
b
section 76 (controlling or coercive behaviour in an intimate or family relationship).
12
An offence under any of the following provisions of the Modern Slavery Act 201591—
a
section 1 (slavery, servitude and forced or compulsory labour),
b
section 2 (human trafficking),
c
section 4 (committing offence with intent to commit offence under section 2), or
d
section 30 (offences)92.
13
An offence under section 5 (supplying, or offering to supply, a psychoactive substance) of the Psychoactive Substances Act 201693.
14
An offence in relation to a care home service, which is provided wholly or mainly to persons under the age of 18, or a secure accommodation service (each has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the 2016 Act”)) under or by virtue of any of the following provisions of the 2016 Act—
a
section 5 (requirement to register),
b
section 43 (failure to comply with a condition),
c
section 44 (false descriptions),
d
section 45 (failure by service provider to comply with requirements in regulations), or
e
section 47 (false statements).
15
An offence under section 70 of the 1989 Act (offences relating to private fostering).
16
An offence under section 121 of the Anti-social Behaviour, Crime and Policing Act 201494 (offence of forced marriage: England and Wales).
17
An offence under any of the following provisions of the Female Genital Mutilation Act 200395—
a
section 1 (offence of female genital mutilation),
b
section 2 (assisting a girl to mutilate her own genitalia),
c
section 3 (assisting a non-UK person to mutilate overseas a girl’s genitalia), or
d
section 3A96 (failing to protect a girl from risk of genital mutilation).
Offences in ScotlandI22
1
An offence of rape under section 1 of the Sexual Offences (Scotland) Act 200997.
2
An offence specified in Schedule 1 to the Criminal Procedure (Scotland) Act 199598.
3
The common law offence of plagium (theft of a child below the age of puberty).
4
An offence under section 52 or 52A of the Civic Government (Scotland) Act 198299 (offences relating to indecent photographs of children).
5
An offence under section 3 of the Sexual Offences (Amendment) Act 2000100 (abuse of trust).
6
An offence under any of the following—
a
b
section 6 of the Child Abduction Act 1984103 (taking or sending child out of the United Kingdom);
c
section 15 of the Foster Children (Scotland) Act 1984 (offences relating to private fostering).
7
An offence under or by virtue of section 60(3), 61(3) or 62(6) of the Social Work (Scotland) Act 1968104 (offences relating to residential and other establishments).
8
An offence in relation to a care home service, child minding or day care of children, under or by virtue of any of the following sections of the Public Services Reform (Scotland) Act 2010—
a
section 78 (regulations: care services),
b
section 80 (offences in relation to registration under Chapter 3), or
c
section 81 (false statements in application under Chapter 3).
9
An offence under section 122 of the Anti-social Behaviour, Crime and Policing Act 2014 (offence of forced marriage: Scotland).
Offences in Northern IrelandI33
1
An offence of rape under article 5 of the Sexual Offences (Northern Ireland) Order 2008105.
2
An offence under section 66, 69 or 70 of the Sexual Offences Act 2003106.
3
An offence under article 70, 73 or 74 of the Sexual Offences (Northern Ireland) Order 2008.
4
An offence specified in Schedule 1 to the Children and Young Persons Act (Northern Ireland) Order 1968107 save for any offences specified under the Criminal Law (Amendment) Act 1995 in that Schedule.
5
An offence under article 3 of the Protection of Children (Northern Ireland) Order 1978108 (indecent photographs).
6
An offence contrary to article 9 of the Criminal Justice (Northern Ireland) Order 1980109 (inciting girl under 16 to have incestuous sexual intercourse).
7
An offence contrary to article 15 of the Criminal Justice (Evidence etc.) (Northern Ireland) Order 1988110 (possession of indecent photographs of children).
8
An offence under sections 16 to 19 of the Sexual Offences Act 2003111 (abuse of position of trust).
9
An offence under Part 3 of the Sexual Offences (Northern Ireland) Order 2008 (sexual offences against children).
10
An offence under any of the following—
a
article 68 or 69(9) of the Children (Northern Ireland) Order 1995 (offences relating to the abduction of a child in care),
b
article 132 of the Children (Northern Ireland) Order 1995, or section 14 of the Children and Young Persons Act112 (Northern Ireland) 1968 (offences relating to child minding and day care),
c
article 117 of the Children (Northern Ireland) Order 1995, or section 9(1) of the Children and Young Persons Act (Northern Ireland) 1968113 (offences relating to private fostering), or
11
An offence contrary to section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015116 (human trafficking).
12
An offence contrary to section 51 of the Justice Act (Northern Ireland) 2016117 (disclosing private sexual photographs and films with intent to cause distress).
Offences in JerseyI44
An offence contrary to—
a
Part 7 of the Children (Jersey) Law 1969118,
b
Schedule 4 to the Children (Jersey) Law 2002119, or
c
the Day Care of Children (Jersey) Law 2002120.
Offences in GuernseyI55
An offence contrary to—
a
the ‘Loi pour la Punition d’Inceste’ (Law for the Punishment of Incest) 1909121;
b
the ‘Loi relative à la protection des Femmes et des Filles Mineures’ (Law for the Protection of Women and Young Girls) 1914122;
c
the ‘Loi relative à la Sodomie’ (Law relating to Sodomy) 1929123;
d
article 7, 9, 10, 11 or 12, paragraph 1 of article 41 or paragraph 1, 2, 3 or 4 of article 51 of the ‘Loi ayant rapport à la Protection des Enfants et des Jeunes Personnes’ (Law relating to the Protection of Children and Young Persons) 1917124;
e
the Children and Young Persons (Guernsey) Law 1967;
f
the Protection of Children (Bailiwick of Guernsey) Law 1985125.
Offences in the Isle of ManI66
An offence specified in Schedule 8 to the Children and Young Persons Act 2001 (an Act of Tynwald).
Other OffencesI77
1
2
An offence by virtue of—
a
section 72 of the Sexual Offences Act 2003 (offences outside the United Kingdom)128, or
b
section 16B of the Criminal Law (Consolidation) (Scotland) Act 1995129 (commission of certain sexual offences outside the United Kingdom).
3
An offence contrary to section 32(3) of the Children and Young Persons Act 1969 (detention of absentees).
4
An offence contrary to article 10(2) (offence relating to absconding) or article 11(1) (offence of intentional obstruction) of the Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013130.