The Criminal Justice Act 2003 (Categories of Offences) Order 2004

JurisdictionUK Non-devolved
CitationSI 2004/3346

2004 No. 3346

CRIMINAL LAW, ENGLAND AND WALES

The Criminal Justice Act 2003 (Categories of Offences) Order 2004

Made 15th December 2004

Coming into force 29th December 2004

The Secretary of State, in exercise of the powers conferred upon him by section 103(4)(b) of the Criminal Justice Act 20031hereby makes the following Order, a draft of which has been laid before and approved by a resolution of each House of Parliament:

S-1 This Order may be cited as the Criminal Justice Act 2003...

1.—(1) This Order may be cited as the Criminal Justice Act 2003 (Categories of Offences) Order 2004 and shall come into force 14 days after the day on which it is made or on the day that sections 98 to 110 of the 2003 Act (Evidence of Bad Character) come into force, whichever is later.

(2) In this Order “the 2003 Act” means the Criminal Justice Act 2003.

S-2 The categories of offences set out in Parts 1 and 2 of the...

2.—(1) The categories of offences set out in Parts 1 and 2 of the Schedule to this Order are hereby prescribed for the purposes of section 103(4)(b) of the 2003 Act.

(2) Two offences are of the same category as each other if they are included in the same Part of the Schedule.

Scotland of Asthal Q.C.

Minister of State

Home Office

15th December 2004

SCHEDULE

Article 2

Prescribed Categories of Offences

1 THEFT CATEGORY

PART 1

THEFT CATEGORY

SCH-1.1

1. An offence under section 1 of the Theft Act 19682(theft).

SCH-1.2

2. An offence under section 8 of that Act (robbery).

SCH-1.3

3. An offence under section 9(1)(a) of that Act3(burglary) if it was committed with intent to commit an offence of stealing anything in the building or part of a building in question.

SCH-1.4

4. An offence under section 9(1)(b) of that Act (burglary) if the offender stole or attempted to steal anything in the building or that part of it.

SCH-1.5

5. An offence under section 10 of that Act (aggravated burglary) if the offender committed a burglary described in paragraph 3 or 4 of this Part of the Schedule.

SCH-1.6

6. An offence under section 12 of that Act4(taking motor vehicle or other conveyance without authority).

SCH-1.7

7. An offence under section 12A of that Act5(aggravated vehicle-taking).

SCH-1.8

8. An offence under section 22 of that Act (handling stolen goods).

SCH-1.9

9. An offence under section 25 of that Act (going equipped for stealing).

SCH-1.10

10. An offence under section 3 of the Theft Act 19786(making off without payment).

SCH-1.11

11. An offence of–

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

(b) attempting to commit an offence so specified.

2 SEXUAL OFFENCES (PERSONS UNDER THE AGE OF 16) CATEGORY

PART 2

SEXUAL OFFENCES (PERSONS UNDER THE AGE OF 16) CATEGORY

SCH-1.1

1. An offence under section 1 of the Sexual Offences Act 19567(rape) if it was committed in relation to a person under the age of 16.

SCH-1.2

2. An offence under section 5 of the Sexual Offences Act 19568(intercourse with a girl under thirteen).

SCH-1.3

3. An offence under section 6 of that Act9(intercourse with a girl under sixteen).

SCH-1.4

4. An offence under section 7 of that Act10(intercourse with a defective) if it was committed in relation to a person under the age of 16.

SCH-1.5

5. An offence under section 10 of that Act (incest by a man) if it was committed in relation to a person under the age of 16.

SCH-1.6

6. An offence under section 11 of that Act (incest by a woman) if it was committed in relation to a person under the age of 16.

SCH-1.7

7. An offence under section 12 of that Act11(buggery) if it was committed in relation to a person under the age of 16.

SCH-1.8

8. An offence under section 13 of that Act12(indecency between men) if it was committed in relation to a person under the age of 16.

SCH-1.9

9. An offence under section 14 of that Act (indecent assault on a woman) if it was committed in relation to a person under the age of 16.

SCH-1.10

10. An offence under section 15 of that Act (indecent assault on a man) if it was committed in relation to a person under the age of 16.

SCH-1.11

11. An offence under section 128 of the Mental Health Act 195913(sexual intercourse with patients) if it was committed in relation to a person under the age of 16.

SCH-1.12

12. An offence under section 1 of the Indecency with Children Act 196014(indecent conduct towards young child).

SCH-1.13

13. An offence under section 54 of the Criminal Law Act 197715(inciting a girl under 16 to have incestuous sexual intercourse).

SCH-1.14

14. An offence under section 3 of the Sexual Offences (Amendment) Act 200016(abuse of a position of trust) if it was committed in relation to a person under the age of 16.

SCH-1.15

15. An offence under section 1 of the Sexual Offences Act 200317(rape) if it was committed in relation to a person under the age of 16.

SCH-1.16

16. An offence under section 2 of that Act (assault by penetration) if it was committed in relation to a person under the age of 16.

SCH-1.17

17. An offence under section 3 of that Act (sexual assault) if it was committed in relation to a person under the age of 16.

SCH-1.18

18. An offence under section 4 of that Act (causing a person to engage in sexual activity without consent) if it was committed in relation to a person under the age of 16.

SCH-1.19

19. An offence under section 5 of the Sexual Offences Act 2003 (rape of a child under 13).

SCH-1.20

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

SCH-1.21

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

SCH-1.22

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

SCH-1.23

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

SCH-1.24

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

SCH-1.25

25. An offence under section 14 of that Act if doing it will involve the commission of an offence under sections 9 and 10 of that Act (arranging or facilitating the commission of a child sex offence).

SCH-1.26

26. An offence under section 16 of that Act (abuse of position of trust: sexual activity with a child) if it was committed in relation to a person under the age of 16.

SCH-1.27

27. An offence under section 17 of that Act (abuse of position of trust: causing or inciting a child to engage in sexual activity) if it was committed in relation to a person under the age of 16.

SCH-1.28

28. An offence under section 25 of that Act (sexual activity with a child family member) if it was committed in relation to a person under the age of 16.

SCH-1.29

29. An offence under section 26 of that Act (inciting a child family member to engage in sexual activity) if it was committed in relation to a person under the age of 16.

SCH-1.30

30. An offence under section 30 of that Act (sexual activity with a person with a mental disorder impeding choice) if it was committed in relation to a person under the age of 16.

SCH-1.31

31. An offence under section 31 of that Act (causing or inciting a person with a mental disorder impeding choice to engage in sexual activity) if it was committed in relation to a person under the age of 16.

SCH-1.32

32. An offence under section 34 of that Act (inducement, threat, or deception to procure activity with a person with a mental disorder) if it was committed in relation to a person under the age of 16.

SCH-1.33

33. 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) if it was...

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