Criminal Justice Act 2003 (c. 44)

(The document as of February, 2008)

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33 An offence under section 2 of the Aviation Security Act 1982.

Hijacking of ships

34 An offence under section 9 of the Aviation and Maritime Security Act 1990 (c. 31).

Seizing or exercising control of fixed platforms

35 An offence under section 10 of the Aviation and Maritime Security Act 1990.

Destroying ships or fixed platforms or endangering their safety

36 An offence under section 11 of the Aviation and Maritime Security Act 1990.

Hijacking of Channel Tunnel trains

37 An offence under article 4 of the Channel Tunnel (Security) Order 1994 (S.I.1994/570).

Seizing or exercising control of the Channel Tunnel system

38 An offence under article 5 of the Channel Tunnel (Security) Order 1994 (S.I.1994/570).

Conspiracy

39 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 Supplementary

40 A reference in Part 1 of this Schedule to an offence includes a reference to an offence of aiding, abetting, counselling or procuring the commission of the offence.

41 A reference in Part 1 of this Schedule to an enactment includes a reference to the enactment as enacted and as amended from time to time.

Section 75

SCHEDULE 5 Qualifying offences for purposes of Part 10

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.

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

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.

Kidnapping

34 Kidnapping.

Sexual Offences

Rape

35 Rape.

Attempted rape

36 An offence under section 2 of the Attempted Rape, etc., Act (Northern Ireland) 1960.

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.

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

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.

Section 113

SCHEDULE 6 Evidence of bad character: armed forces

1 Sections 98 to 106, 109, 110 and 112, in so far as they are not applied in relation to proceedings before service courts by provision contained in or made under any other Act, have effect in relation to such proceedings (whether in the United Kingdom or elsewhere) as they have effect in relation to criminal proceedings.

2 Section 103, as it applies in relation to proceedings before service courts, has effect with the substitution in subsection (4)(a) of "charge sheet" for "written charge or indictment".

3 (1) Section 107 has effect in relation to proceedings before courts-martial (whether in the United Kingdom or elsewhere) with the following modifications.

(2) In subsection (1)--

(a) for "judge and jury" substitute "court-martial";

(b) for "the court is satisfied" substitute "the judge advocate is satisfied";

(c) for the words after paragraph (b) substitute "the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a retrial, dissolve the court."

(3) In subsection (2)--

(a) for "jury" substitute "court";

(b) for "the court is satisfied" substitute "the judge advocate is satisfied".

(4) In subsection (3)--

(a) for paragraph (a) substitute--

" (a) a court is required to determine under section 115B(2) of the Army Act 1955, section 115B(2) of the Air Force Act 1955 or section 62B(2) of the Naval Discipline Act 1957 whether a person charged with an offence did the act or made the omission charged, " ;

(b) for "the court is satisfied" substitute "the judge advocate is satisfied";

(c) for the words after paragraph (c) substitute "the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a rehearing, dissolve the court."

(5) For subsection (4) substitute--

" (4) This section does not prejudice any other power a judge advocate may have to direct a court to acquit a person of an offence or to dissolve a court. "

4 Section 110, as it applies in relation to proceedings before service courts, has effect with the substitution of the following for subsection (1)--

" (1) Where the court makes a relevant ruling--

(a) it must state in open court (but, in the case of a ruling by a judge advocate in proceedings before a court-martial, in the absence of the other members of the court) its reasons for the ruling;

(b) if it is a Standing Civilian Court, it must cause the ruling and the reasons for it to be entered in the note of the court's proceedings. "

5 Section 111 has effect as if, in subsection (7), the definition of "rules of court" included rules regulating the practice and procedure of service courts.

6 (1) In this Schedule, and in section 107 as applied by this Schedule, "court-martial" means a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53).

(2) In this Schedule "service court" means--

(a) a court-martial;

(b) a summary appeal court constituted under section 83ZA of the Army Act 1955, section 83ZA of the Air Force Act 1955 or section 52FF of the Naval Discipline Act 1957;

(d) a Standing Civilian Court.

Section 135

SCHEDULE 7 Hearsay evidence: armed forces

Application to proceedings before service courts

1 Sections 114 to 121, 123, 124, 126, 127 to 129 and 133 and 134, in so far as they are not applied in relation to proceedings before service courts by provision contained in or made under any other Act, have effect in relation to such proceedings (whether in the United Kingdom or elsewhere) as they have effect in relation to criminal proceedings.

2 (1) In their application to such proceedings those sections have effect with the following modifications.

(2) In section 116(2)(c) for "United Kingdom" substitute "country where the court is sitting".

(3) In section 117 insert after subsection (7)--

" (8) In subsection (4) "criminal proceedings" includes summary proceedings under section 76B of the Army Act 1955, section 76B of the Air Force Act 1955 or section 52D of the Naval Discipline Act 1957; and the definition of "criminal proceedings" in section 134(1) has effect accordingly. "

(4) In section 123(4) for paragraph (a) substitute--

" (a) in the case of proceedings before a court-martial, proceedings held for the determination of the issue must take place before the judge advocate in the absence of the other members of the court; " .

(5) In section 127, for subsection (7) substitute--

" (7) The appropriate rules are those regulating the practice and procedure of service courts. "

(6) In section 132(10), at the end of the definition of "rules of court" insert--

" (d) rules regulating the practice and procedure of service courts. "

(7) In section 134 insert after subsection (1)--

" (1A) In this Part "criminal investigation" includes any investigation which may lead--

(a) to proceedings before a court-martial or Standing Civilian Court, or

(b) to summary proceedings under section 76B of the Army Act 1955, section 76B of the Air Force Act 1955 or section 52D of the Naval Discipline Act 1957. "

3 (1) Section 122 has effect in relation to proceedings before courts-martial (whether in the United Kingdom or elsewhere) with the following modifications.

(2) In subsection (1) for "judge and jury" substitute "court-martial".

(3) In subsection (2)--

(a) for "jury when they retire to consider their" substitute "court when it retires to consider its".

(b) for "the court" in paragraph (a) substitute "the judge advocate";

4 (1) Section 125 has effect in relation to proceedings before courts-martial (whether in the United Kingdom or elsewhere) with the following modifications.

(2) In subsection (1)--

(a) for "judge and jury" substitute "court-martial";

(b) for "the court is satisfied" substitute "the judge advocate is satisfied";

(3) In subsection (2)--

(a) for "jury" substitute "court";

(b) for "the court is satisfied" substitute "the judge advocate is satisfied".

(4) In subsection (3)--

(a) for paragraph (a) substitute--

(b) for "the court is satisfied" substitute "the judge advocate is satisfied";

(5) For subsection (4) substitute--

" (4) This section does not prejudice any other power a judge advocate may have to direct a court to acquit a person of an offence or to dissolve a court. "

Amendments

5 For paragraph 1 of Schedule 1 to the Courts-Martial (Appeals) Act 1968 (c. 20) (use at retrial under Naval Discipline Act 1957 of record of evidence given at original trial) substitute--

" 1 Evidence given at the retrial of any person under section 19 of this Act shall be given orally if it was given orally at the original trial, unless--

(a) all the parties to the retrial agree otherwise;

(b) section 116 of the Criminal Justice Act 2003 applies (admissibility of hearsay evidence where a witness is unavailable); or

(c) the witness is unavailable to give evidence, otherwise than as mentioned in subsection (2) of that section, and section 114(1)(d) of that Act applies (admission of hearsay evidence under residual discretion). "

6 For paragraph 3 of that Schedule (use at retrial under Army Act 1955 of record of evidence given at original trial) substitute--

" 3 Evidence given at the retrial of any person under section 19 of this Act shall be given orally if it was given orally at the original trial, unless--

(a) all the parties to the retrial agree otherwise;

(b) section 116 of the Criminal Justice Act 2003 applies (admissibility of hearsay evidence where a witness is unavailable); or

7 For paragraph 5 of that Schedule (use at retrial under Air Force Act 1955 of record of evidence given at original trial) substitute--

" 5 Evidence given at the retrial of any person under section 19 of this Act shall be given orally if it was given orally at the original trial, unless--

(a) all the parties to the retrial agree otherwise;

(b) section 116 of the Criminal Justice Act 2003 applies (admissibility of hearsay evidence where a witness is unavailable); or

Interpretation

8 In this Schedule, and in any provision of this Part as applied by this Schedule--

"court-martial" means a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53);
"service court" means--
(a)
a court-martial;
(b)
a summary appeal court constituted under section 83ZA of the Army Act 1955, section 83ZA of the Air Force Act 1955 or section 52FF of the Naval Discipline Act 1957;
(c)
the Courts-Martial Appeal Court;
(d)
a Standing Civilian Court.

Section 179

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