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

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2004, ISBN 0110501950

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Supersedes draft laid before Parliament on 25th October 2004 and is being issued free of charge to all known recipients of that draft instrument.Draft Order laid before Parliament under section 330(5) of the Criminal Justice Act 2003, for approval by resolution of each House of Parliament.

CRIMINAL LAW, ENGLAND AND WALES

Made

Coming into force

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

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.

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.

Signature

Minister of State

Home Office

2004

1

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

2

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

3

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.

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.

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.

6

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

7

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

8

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

9

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

10

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

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.

1

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.

2

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

3

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

4

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.

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.

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.

7

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

8

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.

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.

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.

11

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.

12

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

13

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

14

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.

15

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.

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.

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.

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.

19

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

20

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

21

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

22

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

23

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

24

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

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).

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.

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.

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.

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.

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.

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.

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.

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

34

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.

35

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.

36

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.