Criminal Justice Act 2003

SCHEDULE 5 Qualifying offences for purposes of Part 10

Section 75 Part 1 List of offences for England and Wales Offences Against the Person Murder 1 Murder. Attempted murder 2 An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit murder. Soliciting murder 3 An offence under section 4 of the Offences against the Person Act 1861 (c. 100). Manslaughter 4 Manslaughter. Corporate manslaughter 4A An offence under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007. Kidnapping 5 Kidnapping. Sexual Offences Rape 6 An offence under section 1 of the Sexual Offences Act 1956 (c. 69) or section 1 of the Sexual Offences Act 2003 (c. 42). Attempted rape 7 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. Intercourse with a girl under thirteen 8 An offence under section 5 of the Sexual Offences Act 1956. Incest by a man with a girl under thirteen 9 An offence under section 10 of the Sexual Offences Act 1956 alleged to have been committed with a girl under thirteen. Assault by penetration 10 An offence under section 2 of the Sexual Offences Act 2003 (c. 42). Causing a person to engage in sexual activity without consent 11 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. Rape of a child under thirteen 12 An offence under section 5 of the Sexual Offences Act 2003. Attempted rape of a child under thirteen 13 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. Assault of a child under thirteen by penetration 14 An offence under section 6 of the Sexual Offences Act 2003. Causing a child under thirteen to engage in sexual activity 15 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. Sexual activity with a person with a mental disorder impeding choice 16 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. Causing a person with a mental disorder impeding choice to engage in sexual activity 17 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. Drugs Offences Unlawful importation of Class A drug 18 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 drug 19 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 drug 20 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)). Producing or being concerned in production of Class A drug 21 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). Criminal Damage Offences Arson endangering life 22 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. Causing explosion likely to endanger life or property 23 An offence under section 2 of the Explosive Substances Act 1883 (c. 3). Intent or conspiracy to cause explosion likely to endanger life or property 24 An offence under section 3(1)(a) of the Explosive Substances Act 1883. War Crimes and Terrorism Genocide, crimes against humanity and war crimes 25 An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17). Grave breaches of the Geneva Conventions 26 An offence under section 1 of the Geneva Conventions Act 1957 (c. 52). Directing terrorist organisation 27 An offence under section 56 of the Terrorism Act 2000 (c. 11). Hostage-taking 28 An offence under section 1 of the Taking of Hostages Act 1982 (c. 28). Conspiracy Conspiracy 29 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. Part 2 List of offences for Northern Ireland Offences Against the Person Murder 30 Murder. Attempted murder 31 An offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit murder. Soliciting murder 32 An offence under section 4 of the Offences against the Person Act 1861 (c. 100). Manslaughter 33 Manslaughter. Corporate manslaughter 33A An offence under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007. Kidnapping 34 Kidnapping. Sexual Offences Rape 35 Rape. 35A An offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008. Attempted rape 36 An offence under section 2 of the Attempted Rape, etc., Act (Northern Ireland) 1960. 36A 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 fourteen 37 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 fourteen 38 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. Assault by penetration 38A An offence under Article 6 of the Sexual Offences (Northern Ireland) Order 2008. Causing a person to engage in sexual activity without consent 38B 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. Rape of a child under thirteen 38C An offence under Article 12 of the Sexual Offences (Northern Ireland) Order 2008. Attempted rape of a child under thirteen 38D 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. Assault of child under thirteen by penetration 38E An offence under Article 13 of the Sexual Offences (Northern Ireland) Order 2008. Causing a child under thirteen to engage in sexual activity by penetration 38F 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. Sexual activity with a person with a mental disorder impeding choice 38G 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. Causing a person with a mental disorder impeding choice to engage in sexual activity 38H 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. Drugs Offences Unlawful importation of Class A drug 39 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 drug 40 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 drug 41 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 drug 42 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 Offences Arson endangering life 43 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 property 44 An offence under section 2 of the Explosive Substances Act 1883 (c. 3). Intent or conspiracy to cause explosion likely to endanger life or property 45 An offence under section 3(1)(a) of the Explosive Substances Act 1883. War Crimes and Terrorism Genocide, crimes against humanity and war crimes 46 An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17). Grave breaches of the Geneva Conventions 47 An offence under section 1 of the Geneva Conventions Act 1957 (c. 52). Directing terrorist organisation 48 An offence under section 56 of the Terrorism Act 2000 (c. 11). Hostage-taking 49 An offence under section 1 of the Taking of Hostages Act 1982 (c. 28). Conspiracy Conspiracy 50 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 3 Supplementary 51 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. 52 A reference in this Schedule to an enactment includes a reference to the enactment as enacted and as amended from time to time.