# The Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004 S.I. 2004/1910 · made 20 July 2004 · revised to 12 August 2004 This Order is made under section 72 of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”), which applies for the purpose of the construction and application of Article 33(2) of the United Nations 1951 Convention on the Status of Refugees (“the 1951 Convention”). Article 33(2) allows a person to be removed from the United Kingdom, notwithstanding that he is a refugee within the meaning of the 1951 Convention, if he, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community. Section 72(4)(a) of the 2002 Act states that a person shall be presumed to have been convicted by a final judgement of a particularly serious crime and that he constitutes a danger to the community of the United Kingdom if he is convicted of an offence specified by order of the Secretary of State. Made under: Nationality, Immigration and Asylum Act 2002 (Section 72) PDFs: Printed copy https://openlegislation.uk/nationality-immigration-and-asylum-act-2002-specification-of-particularly-serious-crimes-order-2004/pdf/uksi_20041910_en.pdf; Explanatory Memorandum https://openlegislation.uk/nationality-immigration-and-asylum-act-2002-specification-of-particularly-serious-crimes-order-2004/pdf/uksiem_20041910_en.pdf ## Introductory text IMMIGRATION Made 20th July 2004 Laid before Parliament 22nd July 2004 Coming into force 12th August 2004 In exercise of the powers conferred upon him by section 72(4)(a) of the Nationality, Immigration and Asylum Act 2002, the Secretary of State hereby makes the following Order: ## 1 This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004 and shall come into force on 12th August 2004. ## 2 An offence of a description set out in any of Schedules 1 to 6 to this Order is hereby specified for the purposes of section 72(4)(a) of the Nationality, Immigration and Asylum Act 2002. ## Signature Des Browne Minister of State Home Office 20th July 2004 ## Schedule 1 STATUTORY OFFENCES THAT APPLY THROUGHOUT THE UNITED KINGDOM Section 2 (unlawfully and maliciously causing an explosion likely to endanger life or cause serious injury to property). Section 3(1)(a) (unlawfully and maliciously doing an act, intending or conspiring to cause an explosion likely to endanger life or cause serious injury to property). Section 3(1)(b) (unlawfully and maliciously making, possessing, or having under control, an explosive substance intending to endanger life or cause serious injury to property). Section 4 (making, or knowingly possessing, an explosive substance in circumstances that lead to reasonable suspicion that such making or possession is for an unlawful object). ## Schedule 2 OFFENCES UNDER THE COMMON LAW OF ENGLAND AND WALES AND STATUTORY OFFENCES THAT APPLY ONLY IN ENGLAND AND WALES Section 1 (doing a wilful act, intending to destroy the life of a child capable of being born alive that causes a child to die before it is born). ## 1 Offences under the Common Law of England and Wales. Manslaughter. ## 2 Statutory offences that apply only in England and Wales. ## Schedule 3 OFFENCES UNDER THE COMMON LAW OF SCOTLAND AND STATUTORY OFFENCES THAT APPLY ONLY IN SCOTLAND Section 12 (ill-treating, neglecting, abandoning or exposing a child under 16, or causing such, where the offender is 16 and has parental responsibility for the victim or has charge or care of him). ## 1 Offences under the Common Law of Scotland. Abduction. Abduction of women or girls with intent to rape. Aiding and abetting an offence under the Common Law of Scotland (provided that the offence in question is described in this paragraph of this Schedule). Assault with intent to rape or ravish. Assault and robbery. Attempted murder. Breach of the peace inferring personal violence. Clandestine injury to women. Conspiracy (in respect of an offence described in Schedule 1 to this Order or this Schedule). Culpable homicide. Culpable and reckless fire-raising. Indecent assault. Malicious mischief. Mobbing and rioting. Rape. Robbery. Theft by housebreaking. Threatening personal violence. Wilful fire-raising. Wrongful imprisonment. ## 2 Statutory offences that apply only in Scotland. ## Schedule 4 OFFENCES UNDER THE COMMON LAW OF NORTHERN IRELAND AND STATUTORY OFFENCES THAT APPLY ONLY IN NORTHERN IRELAND Section 52 (indecently assaulting a woman or a girl under 16). Section 53 (abducting a woman by force, intending to have sexual intercourse with her). ## 1 Offences under the Common Law of Northern Ireland. Affray. Rape. Rioting. ## 2 Statutory offences that apply only in Northern Ireland. ## Schedule 5 STATUTORY OFFENCES THAT APPLY ONLY IN ENGLAND AND WALES AND SCOTLAND Section 5(1) (possessing, purchasing, acquiring, manufacturing, selling or transferring, without authorisation, any item listed in section 5(1) of the Firearms Act 1968). Section 16 (possessing a firearm or ammunition, intending to endanger, or enable another to endanger, life). Section 16A (possessing a firearm or imitation firearm, intending to cause, or to enable another to cause, a belief that unlawful violence will be used). Section 17(1) (using, or attempting to use, a firearm, intending to prevent or resist lawful arrest or detention). Section 17(2) (unlawfully possessing a firearm or imitation firearm while committing an offence listed in Schedule 1 to the Firearms Act 1968). Section 18(1) (having a firearm or imitation forearm, intending to commit an indictable offence or to resist or prevent arrest). Section 19 (unlawfully or unreasonably possessing, without lawful authority or reasonable excuse, a loaded shot gun or air weapon or any other firearm, whether loaded or not, together with ammunition suitable for use in that firearm). ## Schedule 6 OFFENCES UNDER THE COMMON LAW OF ENGLAND AND WALES AND NORTHERN IRELAND AND STATUTORY OFFENCES THAT APPLY ONLY IN ENGLAND AND WALES AND NORTHERN IRELAND Section 8 (aiding, abetting, counselling or procuring the commission of an indictable offence, provided that the offence in question is described in Schedule 1, Schedule 2 or Schedule 4 to this Order or this Schedule). ## 1 Offences under Common Law of England and Wales and Northern Ireland. False Imprisonment. Kidnapping. ## 2 Statutory offences that apply only in England and Wales and Northern Ireland. ## Explanatory note (This note is not part of the Order) This Order is made under section 72 of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”), which applies for the purpose of the construction and application of Article 33(2) of the United Nations 1951 Convention on the Status of Refugees (“the 1951 Convention”). Article 33(2) allows a person to be removed from the United Kingdom, notwithstanding that he is a refugee within the meaning of the 1951 Convention, if he, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community. Section 72(4)(a) of the 2002 Act states that a person shall be presumed to have been convicted by a final judgement of a particularly serious crime and that he constitutes a danger to the community of the United Kingdom if he is convicted of an offence specified by order of the Secretary of State. This Order specifies that an offence described in any of the six Schedules to it, each reflecting the differing territorial extent of offences, is specified for the purposes of section 72(4)(a). Schedule 1 describes offences that apply throughout the United Kingdom. Schedule 2 describes offences that apply only in England and Wales. Schedule 3 describes offences that apply only in Scotland. Schedule 4 describes offences that apply only in Northern Ireland. Schedule 5 describes offences that apply only in England and Wales and Scotland. Schedule 6 describes offences that apply only in England and Wales and Northern Ireland. --- Source: https://www.legislation.gov.uk/uksi/2004/1910 (the official version) Page: https://openlegislation.uk/nationality-immigration-and-asylum-act-2002-specification-of-particularly-serious-crimes-order-2004 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.