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

S.I. 2004/3346 · Made 15 December 2004 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 28 March 2023.

CRIMINAL LAW, ENGLAND AND WALES

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 2003f1 hereby makes the following Order, a draft of which has been laid before and approved by a resolution of each House of Parliament:

Annotations to the whole text

Footnotes

f1

2003 c. 44.

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Schedule: Prescribed Categories of Offences
  5. Part 1: THEFT CATEGORY
  6. 1Paragraph 1
  7. 2Paragraph 2
  8. 3Paragraph 3
  9. 4Paragraph 4
  10. 5Paragraph 5
  11. 6Paragraph 6
  12. 7Paragraph 7
  13. 8Paragraph 8
  14. 9Paragraph 9
  15. 10Paragraph 10
  16. 11Paragraph 11
  17. Part 2: SEXUAL OFFENCES (PERSONS UNDER THE AGE OF 16) CATEGORY
  18. 1Paragraph 1
  19. 2Paragraph 2
  20. 3Paragraph 3
  21. 4Paragraph 4
  22. 5Paragraph 5
  23. 6Paragraph 6
  24. 7Paragraph 7
  25. 8Paragraph 8
  26. 9Paragraph 9
  27. 10Paragraph 10
  28. 11Paragraph 11
  29. 12Paragraph 12
  30. 13Paragraph 13
  31. 14Paragraph 14
  32. 15Paragraph 15
  33. 16Paragraph 16
  34. 17Paragraph 17
  35. 18Paragraph 18
  36. 19Paragraph 19
  37. 20Paragraph 20
  38. 21Paragraph 21
  39. 22Paragraph 22
  40. 23Paragraph 23
  41. 24Paragraph 24
  42. 25Paragraph 25
  43. 26Paragraph 26
  44. 27Paragraph 27
  45. 28Paragraph 28
  46. 29Paragraph 29
  47. 30Paragraph 30
  48. 31Paragraph 31
  49. 32Paragraph 32
  50. 33Paragraph 33
  51. 34Paragraph 34
  52. 35Paragraph 35
  53. 36Paragraph 36
  54. Explanatory note

1I1

(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.

2I1

(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.

Signature

Scotland of Asthal Q.C.

Minister of State

Home Office

15th December 2004

1I1

An offence under section 1 of the Theft Act 1968f1 (theft).

2I1

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

3I1

An offence under section 9(1)(a) of that Actf1 (burglary) if it was committed with intent to commit an offence of stealing anything in the building or part of a building in question.

4I1

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.

5I1

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.

6I1

An offence under section 12 of that Actf1 (taking motor vehicle or other conveyance without authority).

7I1

An offence under section 12A of that Actf1 (aggravated vehicle-taking).

8I1

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

9I1

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

10I1

An offence under section 3 of the Theft Act 1978f1 (making off without payment).

11I1

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.

1I1

An offence under section 1 of the Sexual Offences Act 1956f1 (rape) if it was committed in relation to a person under the age of 16.

2I1

An offence under section 5 of the Sexual Offences Act 1956f1(intercourse with a girl under thirteen).

3I1

An offence under section 6 of that Actf1 (intercourse with a girl under sixteen).

4I1

An offence under section 7 of that Actf1 (intercourse with a defective) if it was committed in relation to a person under the age of 16.

5I1

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.

6I1

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.

7I1

An offence under section 12 of that Actf1 (buggery) if it was committed in relation to a person under the age of 16.

8I1

An offence under section 13 of that Actf1 (indecency between men) if it was committed in relation to a person under the age of 16.

9I1

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.

10I1

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.

11I1

An offence under section 128 of the Mental Health Act 1959f1 (sexual intercourse with patients) if it was committed in relation to a person under the age of 16.

12I1

An offence under section 1 of the Indecency with Children Act 1960f1 (indecent conduct towards young child).

13I1

An offence under section 54 of the Criminal Law Act 1977f1 (inciting a girl under 16 to have incestuous sexual intercourse).

14I1

An offence under section 3 of the Sexual Offences (Amendment) Act 2000f1 (abuse of a position of trust) if it was committed in relation to a person under the age of 16.

15I1

An offence under section 1 of the Sexual Offences Act 2003f1 (rape) if it was committed in relation to a person under the age of 16.

16I1

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.

17I1

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

18I1

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.

19I1

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

20I1

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

21I1

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

22I1

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

23I1

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

24I1

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

25I1

An offence under section 14 of that Act if doing it will involve the commission of an offence under F1any of sections 5 to 10 of that Act (arranging or facilitating the commission of a child sex offence).

26I1

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.

27I1

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.

28I1

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.

29I1

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.

30I1

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.

31I1

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.

32I1

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.

33I1

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 committed in relation to a person under the age of 16.

34I1

An offence under section 38 of that Act (care workers: sexual activity with a person with a mental disorder) if it was committed in relation to a person under the age of 16.

35I1

An offence under section 39 of that Act (care workers: causing or inciting sexual activity) if it was committed in relation to a person under the age of 16.

36I1

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.

Explanatory note

(This note is not part of the Order)

Section 103(2)(b) of the Criminal Justice Act 2003 provides that a defendant’s propensity to commit offences of the kind with which he is charged may (without prejudice to any other way of doing so) be established by evidence that he has been convicted of an offence of the same category as the one with which he is charged. Section 103(4)(b) provides that two offences are of the same category as each other if they belong to the same category of offences prescribed for the purposes of that section by an order made by the Secretary of State.

The categories prescribed by this Order are theft and sexual offences (persons under the age of 16). Each category consists of offences of the same type.