Criminal Justice Act 2003 (c. 44)

(The document as of February, 2008)

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86 An offence under section 25 of that Act (permitting girl under thirteen to use premises for intercourse).

87 An offence under section 26 of that Act (permitting girl under sixteen to use premises for intercourse).

88 An offence under section 27 of that Act (permitting defective to use premises for intercourse).

89 An offence under section 28 of that Act (causing or encouraging the prostitution of, intercourse with or indecent assault on girl under sixteen).

90 An offence under section 29 of that Act (causing or encouraging prostitution of defective).

91 An offence under section 32 of that Act (soliciting by men).

92 An offence under section 33 of that Act (keeping a brothel).

93 An offence under section 128 of the Mental Health Act 1959 (c. 72) (sexual intercourse with patients).

94 An offence under section 1 of the Indecency with Children Act 1960 (c. 33) (indecent conduct towards young child).

95 An offence under section 4 of the Sexual Offences Act 1967 (c. 60) (procuring others to commit homosexual acts).

96 An offence under section 5 of that Act (living on earnings of male prostitution).

97 An offence under section 9 of the Theft Act 1968 (c. 60) of burglary with intent to commit rape.

98 An offence under section 54 of the Criminal Law Act 1977 (c. 45) (inciting girl under sixteen to have incestuous sexual intercourse).

99 An offence under section 1 of the Protection of Children Act 1978 (c. 37) (indecent photographs of children).

100 An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles).

101 An offence under section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of a child).

102 An offence under section 1 of the Sexual Offences Act 2003 (c. 42) (rape).

103 An offence under section 2 of that Act (assault by penetration).

104 An offence under section 3 of that Act (sexual assault).

105 An offence under section 4 of that Act (causing a person to engage in sexual activity without consent).

106 An offence under section 5 of that Act (rape of a child under 13).

107 An offence under section 6 of that Act (assault of a child under 13 by penetration).

108 An offence under section 7 of that Act (sexual assault of a child under 13).

109 An offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexual activity).

110 An offence under section 9 of that Act (sexual activity with a child).

111 An offence under section 10 of that Act (causing or inciting a child to engage in sexual activity).

112 An offence under section 11 of that Act (engaging in sexual activity in the presence of a child).

113 An offence under section 12 of that Act (causing a child to watch a sexual act).

114 An offence under section 13 of that Act (child sex offences committed by children or young persons).

115 An offence under section 14 of that Act (arranging or facilitating commission of a child sex offence).

116 An offence under section 15 of that Act (meeting a child following sexual grooming etc.).

117 An offence under section 16 of that Act (abuse of position of trust: sexual activity with a child).

118 An offence under section 17 of that Act (abuse of position of trust: causing or inciting a child to engage in sexual activity).

119 An offence under section 18 of that Act (abuse of position of trust: sexual activity in the presence of a child).

120 An offence under section 19 of that Act (abuse of position of trust: causing a child to watch a sexual act).

121 An offence under section 25 of that Act (sexual activity with a child family member).

122 An offence under section 26 of that Act (inciting a child family member to engage in sexual activity).

123 An offence under section 30 of that Act (sexual activity with a person with a mental disorder impeding choice).

124 An offence under section 31 of that Act (causing or inciting a person with a mental disorder impeding choice to engage in sexual activity).

125 An offence under section 32 of that Act (engaging in sexual activity in the presence of a person with a mental disorder impeding choice).

126 An offence under section 33 of that Act (causing a person with a mental disorder impeding choice to watch a sexual act).

127 An offence under section 34 of that Act (inducement, threat or deception to procure sexual activity with a person with a mental disorder).

128 An offence under section 35 of that Act (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception).

129 An offence under section 36 of that Act (engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder).

130 An offence under section 37 of that Act (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception).

131 An offence under section 38 of that Act (care workers: sexual activity with a person with a mental disorder).

132 An offence under section 39 of that Act (care workers: causing or inciting sexual activity).

133 An offence under section 40 of that Act (care workers: sexual activity in the presence of a person with a mental disorder).

134 An offence under section 41 of that Act (care workers: causing a person with a mental disorder to watch a sexual act).

135 An offence under section 47 of that Act (paying for sexual services of a child).

136 An offence under section 48 of that Act (causing or inciting child prostitution or pornography).

137 An offence under section 49 of that Act (controlling a child prostitute or a child involved in pornography).

138 An offence under section 50 of that Act (arranging or facilitating child prostitution or pornography).

139 An offence under section 52 of that Act (causing or inciting prostitution for gain).

140 An offence under section 53 of that Act (controlling prostitution for gain).

141 An offence under section 57 of that Act (trafficking into the UK for sexual exploitation).

142 An offence under section 58 of that Act (trafficking within the UK for sexual exploitation).

143 An offence under section 59 of that Act (trafficking out of the UK for sexual exploitation).

144 An offence under section 61 of that Act (administering a substance with intent).

145 An offence under section 62 of that Act (committing an offence with intent to commit a sexual offence).

146 An offence under section 63 of that Act (trespass with intent to commit a sexual offence).

147 An offence under section 64 of that Act (sex with an adult relative: penetration).

148 An offence under section 65 of that Act (sex with an adult relative: consenting to penetration).

149 An offence under section 66 of that Act (exposure).

150 An offence under section 67 of that Act (voyeurism).

151 An offence under section 69 of that Act (intercourse with an animal).

152 An offence under section 70 of that Act (sexual penetration of a corpse).

153 An offence of--

(a) aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this Part of this Schedule,

(b) conspiring to commit an offence so specified, or

Section 229

SCHEDULE 16 Scottish offences specified for the purposes of section 229(4)

1 Rape.

2 Clandestine injury to women.

3 Abduction of woman or girl with intent to rape or ravish.

4 Assault with intent to rape or ravish.

5 Indecent assault.

6 Lewd, indecent or libidinous behaviour or practices.

7 Shameless indecency.

8 Sodomy.

9 An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36), but only where the prohibited goods include indecent photographs of persons.

10 An offence under section 52 of the Civic Government (Scotland) Act 1982 (c. 45) (taking and distribution of indecent images of children).

11 An offence under section 52A of that Act (possession of indecent images of children).

12 An offence under section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (incest).

13 An offence under section 2 of that Act (intercourse with a stepchild).

14 An offence under section 3 of that Act (intercourse with child under 16 by person in position of trust).

15 An offence under section 5 of that Act (unlawful intercourse with girl under 16).

16 An offence under section 6 of that Act (indecent behaviour towards girl between 12 and 16).

17 An offence under section 8 of that Act (detention of woman in brothel or other premises).

18 An offence under section 10 of that Act (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16).

19 An offence under subsection (5) of section 13 of that Act (homosexual offences).

20 An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust).

21 An offence of--

(a) attempting, conspiring or inciting another to commit any offence specified in the preceding paragraphs, or

(b) aiding, abetting, counselling or procuring the commission of any offence specified in paragraphs 9 to 20.

22 Any offence (other than an offence specified in any of the preceding paragraphs) inferring personal violence.

Section 229

SCHEDULE 17 Northern Ireland offences specified for the purposes of section 229(4)

Part 1 Violent offences

1 Manslaughter.

2 Kidnapping.

3 Riot.

4 Affray.

5 False imprisonment.

6 An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).

7 An offence under section 16 of that Act (threats to kill).

8 An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).

9 An offence under section 20 of that Act (malicious wounding).

10 An offence under section 21 of that Act (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence).

11 An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence).

12 An offence under section 23 of that Act (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm).

13 An offence under section 27 of that Act (abandoning children).

14 An offence under section 28 of that Act (causing bodily injury by explosives).

15 An offence under section 29 of that Act (using explosives etc. with intent to do grievous bodily harm).

16 An offence under section 30 of that Act (placing explosives with intent to do bodily injury).

17 An offence under section 31 of that Act (setting spring guns etc. with intent to do grievous bodily harm).

18 An offence under section 32 of that Act (endangering the safety of railway passengers).

19 An offence under section 35 of that Act (injuring persons by furious driving).

20 An offence under section 37 of that Act (assaulting officer preserving wreck).

21 An offence under section 47 of that Act of assault occasioning actual bodily harm.

22 An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property).

23 An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).

24 An offence under section 25 of the Criminal Justice (Northern Ireland) Act 1945 (c. 15) (child destruction).

25 An offence under section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5) (infanticide).

26 An offence under section 7(1)(b) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28) (assault with intent to resist arrest).

27 An offence under section 20 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34) (cruelty to children).

28 An offence under section 8 of the Theft Act (Northern Ireland) 1969 (c. 16) (robbery or assault with intent to rob).

29 An offence under section 9 of that Act of burglary with intent to--

(a) inflict grievous bodily harm on a person, or

(b) do unlawful damage to a building or anything in it.

30 An offence under section 10 of that Act (aggravated burglary).

31 An offence of arson under Article 3 of the Criminal Damage Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)).

32 An offence under Article 3(2) of that Order (destroying or damaging property) other than an offence of arson.

33 An offence under Article 17 of the Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2)) (possession of firearm with intent to endanger life).

34 An offence under Article 17A of that Order (possession of firearm with intent to cause fear of violence).

35 An offence under Article 18(1) of that Order (use of firearm to resist arrest).

36 An offence under Article 18(2) of that Order (possession of firearm at time of committing or being arrested for an offence specified in Schedule 1 to that Order).

37 An offence under Article 19 of that Order (carrying a firearm with criminal intent).

38 An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).

39 An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).

40 An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).

41 An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).

42 An offence under section 4 of that Act (offences in relation to certain dangerous articles).

43 An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).

44 An offence under Article 121 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I.4) (ill-treatment of patients).

45 An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).

46 An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).

47 An offence under section 9 of that Act (hijacking of ships).

48 An offence under section 10 of that Act (seizing or exercising control of fixed platforms).

49 An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).

50 An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).

51 An offence under section 13 of that Act (offences involving threats).

52 An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

53 An offence under Article 9 of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by dangerous driving).

54 An offence under Article 14 of that Order (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs).

55 An offence under Article 6 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9)) (putting people in fear of violence).

56 An offence under section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assaulting or obstructing a constable etc.).

57 An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

58 An offence under section 1 of the Female Genital Mutilation Act 2003 (c. 31) (female genital mutilation).

59 An offence under section 2 of that Act (assisting a girl to mutilate her own genitalia).

60 An offence under section 3 of that Act (assisting a non-UK person to mutilate overseas a girl's genitalia).

61 An offence of--

(a) aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this Part of this Schedule,

(b) conspiring to commit an offence so specified, or

62 An attempt to commit murder or a conspiracy to commit murder.

Part 2 Sexual offences

63 Rape.

64 Indecent assault upon a female.

65 An offence under section 52 of the Offences against the Person Act 1861 (c. 100) (indecent assault upon a female).

66 An offence under section 53 of that Act (abduction of woman etc.).

67 An offence under section 54 of that Act (abduction of woman by force).

68 An offence under section 55 of that Act (abduction of unmarried girl under 16 from parent or guardian).

69 An offence under section 2 of the Criminal Law Amendment Act 1885 (c. 69) (procuration).

70 An offence under section 3 of that Act (procurement of woman or girl by threats etc. or administering drugs).

71 An offence under section 4 of that Act (intercourse or attempted intercourse with girl under 14).

72 An offence under section 5 of that Act (intercourse or attempted intercourse with girl under 17).

73 An offence under section 6 of that Act (permitting girl under 17 to use premises for intercourse).

74 An offence under section 7 of that Act (abduction of girl under 18 from parent or guardian).

75 An offence under section 8 of that Act (unlawful detention of woman or girl in brothel etc.).

76 An offence under section 1 of the Vagrancy Act 1898 (c. 39) (living on earnings of prostitution or soliciting or importuning in a public place).

77 An offence under section 1 of the Punishment of Incest Act 1908 (c. 45) (incest by a man).

78 An offence under section 2 of that Act (incest by a woman).

79 An offence under section 21 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34) (causing or encouraging seduction or prostitution of girl under 17).

80 An offence under section 22 of that Act (indecent conduct towards child).

81 An offence under section 9 of the Theft Act (Northern Ireland) 1969 (c. 16) of burglary with intent to commit rape.

82 An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children).

83 An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles).

84 An offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)) (inciting girl under 16 to have incestuous sexual intercourse).

85 An offence under Article 7 of the Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/1536 (N.I. 19)) (procuring others to commit homosexual acts).

86 An offence under Article 8 of that Order (living on earnings of male prostitution).

87 An offence under Article 122 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (protection of women suffering from severe mental handicap).

88 An offence under Article 123 of that Order (protection of patients).

89 An offence under Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17) (possession of indecent photograph of a child).

90 An offence under section 15 of the Sexual Offences Act 2003 (c. 42) (meeting a child following sexual grooming etc.).

91 An offence under section 16 of that Act (abuse of position of trust: sexual activity with a child).

92 An offence under section 17 of that Act (abuse of position of trust: causing or inciting a child to engage in sexual activity).

93 An offence under section 18 of that Act (abuse of position of trust: sexual activity in the presence of a child).

94 An offence under section 19 of that Act (abuse of position of trust: causing a child to watch a sexual act).

95 An offence under section 47 of that Act (paying for sexual services of a child).

96 An offence under section 48 of that Act (causing or inciting child prostitution or pornography).

97 An offence under section 49 of that Act (controlling a child prostitute or a child involved in pornography).

98 An offence under section 50 of that Act (arranging or facilitating child prostitution or pornography).

99 An offence under section 52 of that Act (causing or inciting prostitution for gain).

100 An offence under section 53 of that Act (controlling prostitution for gain).

101 An offence under section 57 of that Act (trafficking into the UK for sexual exploitation).

102 An offence under section 58 of that Act (trafficking within the UK for sexual exploitation).

103 An offence under section 59 of that Act (trafficking out of the UK for sexual exploitation).

104 An offence under section 66 of that Act (exposure).

105 An offence under section 67 of that Act (voyeurism).

106 An offence under section 69 of that Act (intercourse with an animal).

107 An offence under section 70 of that Act (sexual penetration of a corpse).

108 An offence under Article 20 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (assault with intent to commit buggery).

109 An offence under Article 21 of that Order (indecent assault on a male).

110 An offence of--

(a) aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this Part of this Schedule,

(b) conspiring to commit an offence so specified, or

Section 230

SCHEDULE 18 Release of prisoners serving sentences of imprisonment or detention for public protection

Release on licence

1 (1) Section 31 of the Crime (Sentences) Act 1997 (c. 43) (duration and conditions of licences for life prisoners), is amended as follows.

(2) In subsection (1) (licence to remain in force until death), after "life prisoner" there is inserted ", other than a prisoner to whom section 31A below applies,".

(3) After that subsection there is inserted--

" (1A) Where a prisoner to whom section 31A below applies is released on licence, the licence shall remain in force until his death unless--

(a) it is previously revoked under section 32(1) or (2) below; or

(b) it ceases to have effect in accordance with an order made by the Secretary of State under section 31A below. "

2 After that section there is inserted--

" 31A Imprisonment or detention for public protection: termination of licences

(1) This section applies to a prisoner who--

(a) is serving one or more preventive sentences, and

(b) is not serving any other life sentence.

(2) Where--

(a) the prisoner has been released on licence under this Chapter; and

(b) the qualifying period has expired,

the Secretary of State shall, if directed to do so by the Parole Board, order that the licence is to cease to have effect.

(3) Where--

(a) the prisoner has been released on licence under this Chapter;

(b) the qualifying period has expired; and

(c) if he has made a previous application under this subsection, a period of at least twelve months has expired since the disposal of that application,

the prisoner may make an application to the Parole Board under this subsection.

(4) Where an application is made under subsection (3) above, the Parole Board--

(a) shall, if it is satisfied that it is no longer necessary for the protection of the public that the licence should remain in force, direct the Secretary of State to make an order that the licence is to cease to have effect;

(b) shall otherwise dismiss the application.

(5) In this section--

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