The Special Measures in Civil Proceedings (Specified Offences) Regulations 2022

JurisdictionUK Non-devolved
CitationSI 2022/562
Year2022

2022 No. 562

Civil Proceedings

Senior Courts Of England And Wales

The Special Measures in Civil Proceedings (Specified Offences) Regulations 2022

Made 18th May 2022

Laid before Parliament 23th May 2022

Coming into force 14th June 2022

The Lord Chancellor, in exercise of the power conferred by section 64(4) of the Domestic Abuse Act 20211, makes the following Regulations:

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Special Measures in Civil Proceedings (Specified Offences) Regulations 2022.

(2) These Regulations come into force on 14th June 2022.

(3) The Regulations extend to England and Wales.

S-2 Specified offences

Specified offences

2. The offences in the tables in the Schedule to these Regulations are specified offences for the purposes of section 64(1)(b) and (4) of the Domestic Abuse Act 2021.

James Cartlidge

Parliamentary Under Secretary of State

Ministry of Justice

18th May 2022

SCHEDULE

Regulation 2

Specified offences

Table 1 – Offences under the law of England and Wales

Offence (England and Wales)

Statutory provision or other law (England and Wales)

Kidnapping

Common law

False imprisonment

Common law

Perverting the course of public justice

Common law

Murder/manslaughter (of a child)

Common law

Incitement (pre 1st October 2008) in relation to:

(a) an indictable offence listed in this table; and

(b) the offence of murder

Common law

Aiding, abetting, counselling or procuring the commission of:

(a) an indictable offence listed in this table; or

(b) the offence of attempted murder

Section 8 of the Accessories and Abettors Act 1861 (c. 94 (24 & 25 Vict))

Conspiring or soliciting to commit murder

Section 4 of the Offences Against the Person Act 1861 (c. 100 (24 & 25 Vict))

Threats to kill

Section 16 of the Offences against the Person Act 1861

Shooting or attempting to shoot, or wounding, with intent to do grievous bodily harm or to resist apprehension

Section 18 of the Offences against the Person Act 1861

Inflicting bodily injury with or without weapon

Section 20 of the Offences against the Person Act 1861

Attempting to choke, etc. in order to commit or assist in the committing of any indictable offence

Section 21 of the Offences against the Person Act 1861

Using chloroform etc to commit or assist in the committing of any indictable offence

Section 22 of the Offences against the Person Act 1861

Maliciously administering poison, etc. so as to endanger life or inflict grievous bodily harm

Section 23 of the Offences against the Person Act 1861

Maliciously administering poison, etc. with intent to injure, aggrieve, or annoy any other person

Section 24 of the Offences Against the Person Act 1861

Exposing child whereby life is endangered or health permanently injured

Section 27 of the Offences against the Person Act 1861

Causing gunpowder to explode, or sending to any person an explosive substance, or throwing corrosive fluid on a person, with intent to do grievous bodily harm

Section 29 of the Offences against the Person Act 1861

Assault occasioning bodily harm - common assault

Section 47 of the Offences against the Person Act 1861

Child destruction

Section 1 of the Infant Life (Preservation) Act 1929 (c. 34 (19 & 20 Geo 5))

Cruelty to persons under sixteen

Section 1 of the Children and Young Persons Act 1933 (c.12 (23 & 24 Geo 5))

Allowing persons under 16 to be in brothels

Section 3 of the Children and Young Persons Act 1933

Causing or allowing persons under 16 to be used for begging

Section 4 of the Children and Young Persons Act 1933

Giving intoxicating liquor to children under 5

Section 5 of the Children and Young Persons Act 1933

Procuring a miscarriage

Section 5(2) of the Abortion Act 1967 (c. 87)

Theft

Section 7 of the Theft Act 1968 (c. 60)

Blackmail

Section 21 of the Theft Act 1968

Destroying or damaging property

Section 1 of the Criminal Damage Act 1971 (c. 48)

Threats to destroy or damage property

Section 2 of the Criminal Damage Act 1971

The offence of conspiracy in relation to:

(a) an indictable offence listed in this table; and

(b) the offence of murder

Section 1 of the Criminal Law Act 1977 (c. 45)

Violence for securing entry

Section 6 of the Criminal Law Act 1977

Indecent photos of children

Section 1 of the Protection of Children Act 1978 (c. 37)

Attempting to commit an offence in relation to:

(a) an indictable offence listed in this table; and

(b) the offence of murder

Section 1 of the Criminal Attempts Act 1981 (c. 47)

Abduction of child by parent, etc

Section 1 of the Child Abduction Act 1984 (c. 37)

Abduction of child by other persons (not parent, etc)

Section 2 of the Child Abduction Act 1984

Affray

Section 3 of the Public Order Act 1986 (c. 64)

Fear or provocation of violence

Section 4 of the Public Order Act 1986

Intentional harassment, alarm or distress

Section 4A of the Public Order Act 1986

Harassment, alarm or distress

Section 5 of the Public Order Act 1986

Offence of sending letters etc. with intent to cause distress or anxiety

Section 1 of the Malicious Communications Act 1988 (c. 27)

Common assault and battery

Section 39 of the Criminal Justice Act 1988 (c. 33)

Possession of indecent photos of child

Section 160 of the Criminal Justice Act 1988

Intimidation etc. of witnesses, jurors and others

Section 51 of the Criminal Justice and Public Order Act 1994 (c. 33)

Breach of non-molestation order

Section 42A of the Family Law Act 1996 (c. 27)

Breach of forced marriage protection order

Section 63CA of the Family Law Act 1996

Harassment

Section 2 of the Protection from Harassment Act 1997 (c. 40)

Stalking

Section 2A of the Protection from Harassment Act 1997

Putting people in fear of violence

Section 4 of the Protection from Harassment Act 1997

Stalking involving fear of violence or serious alarm or distress

Section 4A of the Protection from Harassment Act 1997

Offences committed outside the United Kingdom (putting people in fear of violence or stalking involving fear of violence etc)

Section 4B of the Protection from Harassment Act 1997

Abduction of children in care etc

Section 49 of the Children Act 1989 (c. 41)

Racially or religiously aggravated assault

Section 29 of the Crime & Disorder Act 1998 (c. 37)

Racially or religiously aggravated criminal damage

Section 30 of the Crime & Disorder Act 1998

Racially or religiously aggravated public order offences

Section 31 of the Crime & Disorder Act 1998

Racially or religiously aggravated harassment etc

Section 32 of the Crime & Disorder Act 1998

Improper use of public electronic communications network

Section 127 of the Communications Act 2003 (c. 21)

Rape

Section 1 of the Sexual Offences Act 2003 (c. 42)

Assault by penetration

Section 2 of the Sexual Offences Act 2003

Sexual assault

Section 3 of the Sexual Offences Act 2003

Causing a person to engage in sexual activity without consent

Section 4 of the Sexual Offences Act 2003

Rape of a child under 13

Section 5 of the Sexual Offences Act 2003

Assault of a child under 13 by penetration

Section 6 of the Sexual Offences Act 2003

Sexual assault of a child under 13

Section 7 of the Sexual Offences Act 2003

Causing or inciting a child under 13 to engage in sexual activity

Section 8 of the Sexual Offences Act 2003

Sexual activity with a child

Section 9 of the Sexual Offences Act 2003

Causing or inciting a child to engage in sexual activity

Section 10 of the Sexual Offences Act 2003

Engaging in sexual activity in the presence of a child

Section 11 of the Sexual Offences Act 2003

Causing a child to watch a sexual act

Section 12 of the Sexual Offences Act 2003

Child sex offences committed by children or young persons

Section 13 of the Sexual Offences Act 2003

Arranging or facilitating commission of a child sex offence

Section 14 of the Sexual Offences Act 2003

Meeting a child following sexual grooming etc

Section 15 of the Sexual Offences Act 2003

Sexual Communication with a child

Section 15A of the Sexual Offences Act 2003

Abuse of position of trust: sexual activity with child

Section 16 of the Sexual Offences Act 2003

Abuse of position of trust: causing or inciting a child to engage in sexual activity

Section 17 of the Sexual Offences Act 2003

Abuse of position of trust: sexual activity in the presence of a child

Section 18 of the Sexual Offences Act 2003

Abuse of position of trust: causing a child to watch a sexual act

Section 19 of the Sexual Offences Act 2003

Sexual activity with a child family member

Section 25 of the Sexual Offences Act 2003

Inciting a child family member to engage in sexual activity

Section 26 of the Sexual Offences Act 2003

Paying for sexual services of a child

Section 47 of the Sexual Offences Act 2003

Causing or inciting child prostitution or pornography

Section 48 of the Sexual Offences Act 2003

Controlling a child in relation to sexual exploitation

Section 49 of the Sexual Offences Act 2003

Arranging or facilitating sexual exploitation of a child

Section 50 of the Sexual Offences Act 2003

Causing or inciting prostitution for gain

Section 52 of the Sexual Offences Act 2003

Controlling prostitution for gain

Section 53 of the Sexual Offences Act 2003

Administering a substance with intent

Section 61 of the Sexual Offences Act 2003

Committing an offence with intent to commit a sexual offence

Section 62 of the Sexual Offences Act 2003

Trespass with intent to commit a sexual offence

Section 63 of the Sexual Offences Act 2003

Offence of voyeurism

Section 67 of the Sexual Offences Act 2003

Female genital mutilation

Section 1 of the Female Genital Mutilation Act 2003 (c. 31)

Assisting girl to mutilate own genitalia

Section 2 of the Female Genital Mutilation Act 2003

Assisting a non-UK person to mutilate overseas a girl’s genitalia

Section 3 of the Female Genital Mutilation Act 2003

Failure to protect a girl from risk of female genital mutilation

Section 3A of the Female Genital Mutilation Act 2003

Breach of a Female Genital Mutilation protection order

Section...

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