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Offences

Volume 170: debated on Thursday 19 April 1990

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To ask the Secretary of State for the Home Department if he will list the offences currently triable only on indictment.

The list of offences currently triable only on indictment in England and Wales is given in the table.There may in addition be a few common law mischiefs which would be triable only on indictment, where it is not definite how far the common law remains effective.

Offences

Short title of Principal Statutes

Possession of firearms etc. with intent to endanger life or injure property etc. (Group I)Firearms Act, 1968. Sec. 16. as amended by the Criminal Justice Act 1972, Sec. 28(2).
Possession of firearms etc. with intent to endanger life or injure property etc. (Group II).Firearms Act, 1968, Sec. 16 as amended by the Criminal Justice Act 1972, Sec. 28(2).
Possession of firearms etc. with intent to endanger life or injure property etc. (Group III).Firearms Act, 1968, Sec. 16 as amended by the Criminal Justice Act 1972 Sec. 28(2).
Using etc. firearms or imitation firearms with intent to resist arrest etc. (Group I).Firearms Act, 1968, Sec. 17(1) as amended by the Criminal Justice Act 1972, Sec. 28(2).
Using etc. firearms or imitation firearms with intent to resist arrest etc. (Group II).Firearms Act, 1968, Sec. 17(1) amended by the Criminal Justice Act 1972, Sec. 28(2).
Using etc. firearms or imitation firearms with intent to resist arrest etc. (Group III). (for definition of Group I, II and III See Appendix 1 Pt. 3—Classification 115)Firearms Act, 1968. Sec. 17(1) as amended by the Criminal Justice Act 1972, Sec. 28(2).
ENDANGERING RAILWAY PASSENGERS:
By placing, etc., anything on railway, taking us rails, changing points and signals etc.Offences against the Person Act, 1861 sec. 32.
By throwing anything at railway carriages, etc.Offences against the Person Act, 1861 Sec. 33.
Possessing firearms or imitation firearm at time of committing or being arrested for an offence specified in Schedule 1 of the Act. (Group I).Firearms Act, 1968, Sec. 17(2) as amended by the Criminal Justice Act 1972, Sec. 28(3).
Possessing firearms or imitation firearm at time of committing or being arrested for an offence specified in Schedule 1 of the Act. (Group II).Firearms Act, 1968, Sec. 17(2) as amended by the Criminal Justice Act 1972, Sec. 28(3).
Possessing firearms or imitation firearm at time of committing or being arrested for an offence specified in Schedule 1 of the Act. (Group III).Firearms Act, 1968, Sec. 17(2) as amended by the Criminal Justice Act 1972, Sec. 28(3).
Possessing firearms or imitation firearm with intent to commit an indictable offence, or resist arrest etc. (Group I).Firearms Act, 1968, Sec. 18(1) as amended by the Criminal Justice Act 1972, Sec. 28(3).
Possessing firearms or imitation firearm with intent to commit an indictable offence, or resist arrest etc. (Group II).Firearms Act, 1968, Sec. 18(1)) as amended by the Criminal Justice Act 1972, Sec. 28(3).
Administering poison with intent to injure or annoy.Offences against the Person Act, 1861 Sec. 24.
Setting spring guns, etc., to injure trespassers.Offences against the Person Act, 1861 Sec. 31.
Causing bodily harm by furious driving.Offences against the Person Act, 1861 Sec. 35.
Assaults on person preserving wreck.Offences against the Person Act, 1861 Sec. 37.
Possessing firearms or imitation firearm with intent to commit an indictable offence, or resist arrest etc. (Group III) (For definition of Groups I, II and III see Appendix 1 part 3 Classification 115).Firearms Act, 1968, Sec. 18(1) as amended by the Criminal Justice Act 1972. Sec. 28(3).
PROCURING ILLEGAL ABORTION:
Administering or using drugs or using instruments to procure abortion.Offences against the Person Act 1861, Sec. 58 as amended by the Abortion Act 1967
Procuring drugs, etc., to cause abortion.Offences against the Person Act 1861, Sec. 59 as amended by the Abortion Act 1967.
BUGGERY:
With a boy under the age of sixteen or with a woman or an animal.Sexual Offences Act 1956, Sec. 12 as amended by the Sexual Offences Act 1967 Sec. 3(1).
By a man with a male person of the age of sixteen or over without consent.ibid.
By a man of the age of 21 or over with another male person under the age of 21 with consent.ibid.
By a man with another male person other than as in 1, 2 or 3 above.ibid.

Offences

Short title of Principal Statutes

Male member of staff of hospital or mental nursing home committing buggery or an act of gross indecency with male patient.Mental Health Act 1959 Sec. 128(1)(a) as amended by Sexual Offences Act 1967 Sec. 1(4).
Man committing buggery or an act of gross indecency with mentally disordered male pa:tient who is subject to his care.Mental Health Act 1959 Sec. 128(1)(b) as amended by Sexual Offences Act 1967 Sec. 1(4).
Attempt to commit buggery with a boy under the age of 16 or with a woman or an animal.Sexual Offences Act 1956 Sec. 12 as amended by the Sexual Offences Act 1967 Sec. 3(1).
Attempt by a man to commit buggery with a male person of the age of 16 or over without consent.ibid.
Attempt by a man of the age of 21 or over to commit buggery with another male person under the age of 21 with consent.ibid.
Attempt by a man to commit buggery with another male person other than as in 7, 8 or 9 above.ibid.
Assault with intent to commit buggery.Sexual Offences Act 1956 Sec. 16.
RAPE:
Man having unlawful sexual intercourse with a woman who is a defective.Sexual Offences Act 1956 Sec. 7 as amended by Mental Health Act 1959 Sec. 127.
Male member of staff of hospital or mental nursing home having unlawful sexual intercourse with female patient.Mental Health Act 1959 Sec. 128(1)(a).
Man having unlawful sexual intercourse with mentally disordered female patient who is subject to his care.Mental Health Act 1959 Sec. 128(1)(b).
Rape.Sexual Offences Act 1956 Sec. 1.
Attempted Rape.ibid.
Unlawful sexual intercourse with girl under 13.Sexual Offences Act 1956 Sec. 5.
INCEST:
Incest with a girl under 13.Sexual Offences Act 1956 Secs. 10 and 11.
Other incestibid.
PROCURATION OF MALES AND FEMALES:
Procuring female for immoral purposes, or using drugs to obtain or facilitate sexual intercourse.Sexual Offences Act 1956 Secs. 2, 3, 4, 22 and 23.
Detention of female in brothel or other premises.Sexual Offences Act 1956 Sec. 24.
Person responsible for girl under 16 causing or encouraging her prostitution etc.Sexual Offences Act 1956 Sec. 28.
Procuring, permitting or causing the prostitution etc. of female defective.Sexual Offences Act 1956 Secs. 9, 27 and 29.
ABDUCTION:
Abduction of female having interest in property.Sexual Offences Act 1956 Secs. 17 (in part) and 18.
Abduction of female by force.Sexual Offences Act 1956 Sec. 17 (in part).
Abduction of unmarried girl under 16.Sexual Offences Act 1956 Sec. 20.
Abduction of unmarried girl under 18.Sexual Offences Act 1956 Sec. 19.
Abduction of female defective.Sexual Offences Act 1956 Sec. 21.
OFFENCES AGAINST PROPERTY WITH VIOLENCE:
Burglary in a dwelling
Burglary, with the intent to commit, or the commission of an offence triable only on indictment.Theft Act, 1968 Sec. 9.
Burglary with violence or the threat of violence.Theft Act, 1968 Sec. 9.
Aggravated burglary in a dwelling (including attempts).Theft Act, 1968 Sec. 10.
Burglary, other than a dwelling
Burglary, with the intent to commit, or the commission of an offence triable only on indictment.Theft Act, 1968 Sec. 9.
Aggravated burglary in a building other than a dwelling (including attempts).Theft Act, 1968 Sec. 10
Robbery and assaults with intent to rob:—
RobberyTheft Act, 1968 Sec. 8.
Assault with intent to robTheft Act, 1968 Sec. 8.
BlackmailTheft Act. 1968 Sec. 21
KidnappingCommon Law
HijackingAviation Security Act 1982 Secs. 1-3, 6(2)

Offences

Short title of Principal Statutes

False imprisonmentCommon Law
OFFENCES AGAINST PROPERTY WITHOUT VIOLENCE:
Frauds by company directors etc:-
Fraudulently inducing persons to invest money.Prevention of Fraud (Investments) Act 1958 Sec. 13
Other Frauds
Conspiracy to defraud.Common Law and Criminal Justice Act 1987 Sec. 12.
Fraudulent issue of money orders by Post Office servant.Post Office Act, 1953 Sec. 22.
Frauds in connection with sale of land etc.Law of Property Act 1925 Sec. 183.
MALICIOUS INJURIES TO PROPERTY:
Arson
Arson endangering life
Threat and possession with intent to commit criminal damage:-
Possession with intent.Offences Against the Person Act 1861, Sec. 64
Explosive Substances Act 1883 Sec. 3 (part)
OTHER OFFENCES NOT INCLUDED IN THE ABOVE CLASSES:
Offences against the State and Public Order High treason and other offences against Treason Acts.Treason Acts 1351-1842
Treason FelonyTreason Felony Act 1848
Rioting:—
1. RiotPublic Order Act 1986. Section 1
Perjury:—
Perjury and false statements (also false declarations and representations made punishable by any statute)Perjury Act 1911, Section 1 Criminal Justice Act 1967, S 89
LibelCommon Law and Libel Acts 1792 and 1843
Suicide (aiding, abetting etc)Suicide Act 1961, Sec. 2(1)
Attempting to Pervert the Course of Public Justice (Fabrication of false evidence, cause person to be wrongly convicted, interference with witness, etc.)Common Law
Absconding from lawful custodyCommon Law