The Special Measures in Civil Proceedings (Specified Offences) Regulations 2022 No. 562


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Statutory Instruments

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

23rd 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 2021( 1), makes the following Regulations:

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.

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

Regulation 2

SCHEDULE 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 5A and paragraph 4 of Schedule 2 to the Female Genital Mutilation Act 2003
Causing or allowing child or vulnerable adult to suffer serious physical harm or death Section 5 of the Domestic Violence, Crime and Victims Act 2004 (c. 28)
Fighting or threatening behaviour Section 21 of the Armed Forces Act 2006 (c. 52)
Disgraceful conduct of a cruel or indecent kind Section 23 of the Armed Forces Act 2006
Offence of attempt, encouraging and assisting, and aiding and abetting in respect of an offence under sections 21 or 23 Armed Forces Act 2006 Sections 39 to 41 of the Armed Forces Act 2006
Offence of criminal conduct where the corresponding offence under the law of England & Wales is listed in this table Section 42 of the Armed Forces Act 2006
Offence of attempt, conspiring, encouraging and assisting, and aiding and abetting in respect of a relevant offence under section 42 Armed Forces Act 2006 (criminal conduct where the corresponding offence under the law of England and Wales is listed in this table) Sections 43 to 47 of the Armed Forces Act 2006

Encouraging or assisting an offence (inchoate offences) in relation to:

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

(b) the offence of murder

Section 44 to 46 of the Serious Crime Act 2007 (c. 27)
Possession of extreme pornographic images Section 63 of the Criminal Justice and Immigration Act 2008 (c. 4)
Possession of prohibited images of children Section 62 of the Coroners and Justice Act 2009 (c. 25)
Offence of forced marriage Section 121 of the Anti-social Behaviour, Crime and Policing Act 2014 (c.12)
Slavery, servitude and forced or compulsory labour, or human trafficking (or committing offence with intent to commit such an offence) Sections 1, 2 and 4 of the Modern Slavery Act 2015 (c. 30)
Disclosing (or threatening to disclose) private sexual photographs and films with intent to cause distress Section 33 of the Criminal Justice and Courts Act 2015 (c. 2)
Strangulation or suffocation Section 75A of the Serious Crime Act 2015 (c. 9)
Strangulation or suffocation committed outside the United Kingdom Section 75B of the Serious Crime Act 2015
Controlling or coercive behaviour in an intimate or family relationship Section 76 of the Serious Crime Act 2015
Controlling or coercive behaviour in an intimate or family relationship committed outside the United Kingdom Section 76A of the Serious Crime Act 2015
Breach of stalking protection order etc Section 8 of the Stalking Protection Act 2019 (c. 9)
Breach of domestic abuse protection order Section 39 of the Domestic Abuse Act 2021 (c. 17)

Table 2 – Offences under the law of Scotland

Offence (Scotland) Statutory provision or other law (Scotland)
Rape Common law
Theft Common law
Extortion Common law
Malicious mischief Common law
Threats to destroy or damage property Common law
Threats to kill Common law
Common assault (and aggravated assault) Common law
Indecent assault Common law
Theft of child under the age of puberty (plagium) Common law
Breach of the peace Common law
Attempt to pervert the course of justice Common law
Clandestine injury to women Common law
Abduction Common law
Perverting the course of public justice Common law
Cruel and unusual treatment (but only if offence is in relation to a child) Common law
Murder/manslaughter (of a child) Common law
Sodomy (of a child) Common law
Lewd, indecent or libidinous practice or behaviour (towards a child) Common law

The offence of conspiracy in relation to:

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

(b) the offence of murder

Common law
Cruelty to persons under sixteen Section 12 of the Children and Young Persons (Scotland) Act 1937 (c. 37)
Causing or allowing persons under 16 to be used for begging Section 15 of the Children and Young Persons (Scotland) Act 1937
Exposing children under 7 to risk of burning Section 22 of the Children and Young Person (Scotland) Act 1937
Procuring a miscarriage Section 5(2) of the Abortion Act 1967
Indecent photographs etc. of children Section 52 of the Civic Government (Scotland) Act 1982 (c. 45)
Possession of indecent photographs of children Section 52A of the Civic Government (Scotland) Act 1982
Offence in Scotland of parent, etc. taking or sending child out of United Kingdom Section 6 of the Child Abduction Act 1984
Incest (but only applicable if offence is in relation to child family members) Section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)
Intercourse with step-child Section 2 of the Criminal Law (Consolidation) (Scotland) Act 1995
Procuring Section 7 of the Criminal Law (Consolidation) (Scotland) Act 1995
Abduction & unlawful detention Section 8 of the Criminal Law (Consolidation) (Scotland) Act 1995
Trading in prostitution and brothel-keeping Section 11 of the Criminal Law (Consolidation) (Scotland) Act 1995
Allowing child to be in brothel Section 12 of the Criminal Law (Consolidation) (Scotland) Act 1995
Racially aggravated harassment Section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995
Vandalism Section 52 of the Criminal Law (Consolidation) (Scotland) Act 1995

Statutory offences: art and part and aiding and abetting in relation to:

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

(b) the offence of attempted murder

Section 293 of the Criminal Procedure (Scotland) Act 1995 (c. 46)

Attempt at crime in relation to:

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

(b) the offence of murder

Section 294 of the Criminal Procedure (Scotland) Act 1995
Breach of non-harassment order Section 9 of the Protection from Harassment Act 1997

Offences racially aggravated in relation to:

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

(b) the offence of murder

Section 96 of the Crime and Disorder Act 1998
Improper use of public electronic communications network Section 127 of the Communications Act 2003

Offences aggravated by religious prejudice in relation to:

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

(b) the offence of murder

Section 74 of the Criminal Justice (Scotland) Act 2003 (asp 7)
Meeting a child following certain preliminary contact Section 1 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)
Paying for sexual services of a child Section 9 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
Causing or inciting provision by child of sexual services or child pornography Section 10 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
Controlling a child providing sexual services or involved in pornography Section 11 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
Arranging or facilitating provision by child of sexual services or child pornography Section 12 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
Female genital mutilation Section 1 of the Prohibition of Female Genital Mutilation (Scotland) Act 2005 (asp 8)
Aiding & abetting female genital mutilation Section 3 of the Prohibition of Female Genital Mutilation (Scotland) Act 2005
Offence of female genital mutilation: extra-territorial acts Section 4 of the Prohibition of Female Genital Mutilation (Scotland) Act 2005
Rape Section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9)
Assault by penetration Section 2 of the Sexual Offences (Scotland) Act 2009
Sexual assault Section 3 of the Sexual Offences (Scotland) Act 2009
Sexual coercion Section 4 of the Sexual Offences (Scotland) Act 2009
Administering a substance for sexual purposes Section 11 of the Sexual Offences (Scotland) Act 2009
Rape of a young child Section 18 of the Sexual Offences (Scotland) Act 2009
Sexual assault on a young child by penetration Section 19 of the Sexual Offences (Scotland) Act 2009
Sexual assault on a young child Section 20 of the Sexual Offences (Scotland) Act 2009
Causing a young child to participate in sexual activity Section 21 of the Sexual Offences (Scotland) Act 2009
Causing a young child to be present during a sexual activity Section 22 of the Sexual Offences (Scotland) Act 2009
Causing a young child to look at a sexual image Section 23 of the Sexual Offences (Scotland) Act 2009
Communicating indecently with a young child etc. Section 24 of the Sexual Offences (Scotland) Act 2009
Sexual exposure to a young child Section 25 of the Sexual Offences (Scotland) Act 2009
Voyeurism towards a young child Section 26 of the Sexual Offences (Scotland) Act 2009
Having intercourse with an older child Section 28 of the Sexual Offences (Scotland) Act 2009
Engaging in penetrative sexual activity with or towards an older child Section 29 of the Sexual Offences (Scotland) Act 2009
Engaging in sexual activity with or towards an older child Section 30 of the Sexual Offences (Scotland) Act 2009
Causing an older child to participate in sexual activity Section 31 of the Sexual Offences (Scotland) Act 2009
Causing an older child to be present during a sexual activity Section 32 of the Sexual Offences (Scotland) Act 2009
Causing an older child to look at a sexual image Section 33 of the Sexual Offences (Scotland) Act 2009
Communicating indecently with an older child etc Section 34 of the Sexual Offences (Scotland) Act 2009
Sexual exposure to an older child Section 35 of the Sexual Offences (Scotland) Act 2009
Voyeurism towards an older child Section 36 of the Sexual Offences (Scotland) Act 2009
Older children engaging in sexual activity with each other Section 37 of the Sexual Offences (Scotland) Act 2009
Sexual abuse of trust Section 42 of the Sexual Offences (Scotland) Act 2009
Offences committed outside the United Kingdom: adult victims Section 54D of the Sexual Offences (Scotland) Act 2009
Offences committed outside the United Kingdom: child victims Section 55 of the Sexual Offences (Scotland) Act 2009
Threatening or abusive behaviour Section 38 Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)
Offence of stalking Section 39 of the Criminal Justice and Licensing (Scotland) Act 2010
Offence of stalking committed outside the United Kingdom Section 39A of the Criminal Justice and Licensing (Scotland) Act 2010
Breach of forced marriage protection order Section 9 of the Forced Marriage etc (Protection and Jurisdiction) (Scotland) Act 2011 (asp 15)
Breach of domestic abuse interdict with power of arrest Section 2 of the Domestic Abuse (Scotland) Act 2011 (asp 13)
Offence of forced marriage or forced civil partnership Section 122 of the Anti-social Behaviour, Crime and Policing Act 2014
Human Trafficking Section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12)
Aggravation of offence where abuse of partner or ex-partner Section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22)
Disclosing, or threatening to disclose, an intimate photograph or film Section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016
Any offence where the aggravation at section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 Act has been proven Abusive Behaviour and Sexual Harm (Scotland) Act 2016
Abusive behaviour towards partner or ex-partner Section 1 of the Domestic Abuse (Scotland) Act 2018 (asp 5)
Breach of domestic abuse protection notice Section 7 of the Domestic Abuse (Protection) (Scotland) Act 2021 (asp 16)
Breach of domestic abuse protection order or interim domestic abuse protection order Section 17 of the Domestic Abuse (Protection) (Scotland) Act 2021

Table 3 – Offences under the law of Northern Ireland

Offence (Northern Ireland) Statutory provision or other law (Northern Ireland)
Abducting a girl under 18 with intent to marry Common Law
Affray Common Law
Burglary with intent to commit rape Common law
False imprisonment Common Law
Kidnapping Common Law
Murder/manslaughter (of a child) Common law
Rape 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
Conspiring or soliciting to commit murder Section 4 of the Offences Against the Person Act 1861
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 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 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 children 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 Section 47 of the Offences against the Person Act 1861
Offence of infanticide Section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5)(N.I)
Child destruction Section 25 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15)(N.I)
Cruelty to persons under sixteen Section 20 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34)(N.I)
Causing or allowing persons under 16 to be used for begging Section 24 of the Children and Young Persons Act (Northern Ireland) 1968
Giving intoxicating liquor to children under 5 Section 25 of the Children and Young Persons Act (Northern Ireland) 1968
Theft Section 1 of the Theft Act (Northern Ireland) 1969 (c. 16)
Burglary Section 9 of the Theft Act (Northern Ireland) 1969
Blackmail Section 20 of the Theft Act (Northern Ireland) 1969
Destroying or damaging property Article 3 of the Criminal Damage (Northern Ireland) Order 1977 ( S.I. 1977/426) (N.I. 4)
Threats to destroy or damage property Article 4 of the Criminal Damage (Northern Ireland) Order 1977
Indecent photographs of children Article 3 of the Protection of Children (Northern Ireland) Order 1978 ( S.I. 1978/1047) (N.I. 17)
Inciting girl under sixteen to have incestuous sexual intercourse Article 9 of the Criminal Justice (Northern Ireland) Order 1980 ( S.I. 1980/704) (N.I. 6)

Attempting to commit an offence in relation to:

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

(b) the offence of murder

Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 ( S.I. 1983/1120) (N.I. 13)
Abduction of child by parent Article 3 of the Child Abduction (Northern Ireland) Order 1985 ( S.I. 1985/1638) (N.I. 17)
Abduction of child by other persons Article 4 of the Child Abduction (Northern Ireland) Order 1985
Offence of sending letters etc. with intent to cause distress or anxiety Article 3 of the Malicious Communications (Northern Ireland) Order 1988 ( S.I. 1988/1849) (N.I. 18)
Possession of indecent photographs of child Article 15 of the Criminal Justice (Evidence etc.) (Northern Ireland) Order 1988 ( S.I.1988/1847) (N.I. 17)
Abduction of children in care etc Article 68 of the Children (Northern Ireland) Order 1995 ( S.I. 1995/755) (N.I. 2)
Intimidation, etc., of witnesses, jurors and others Article 47 of the Criminal Justice (Northern Ireland) Order 1996 ( S.I. 1996/3160) (N.I. 24)
Intimidation by force threats or menaces Section 1 of the Protection of the Person and Property Act (Northern Ireland) 1969 (c. 29)
Harassment Article 4 of the Protection from Harassment (Northern Ireland) Order 1997 ( S.I. 1997/1180) (N.I. 9)
Putting people in fear of violence Article 6 of the Protection from Harassment (Northern Ireland) Order 1997

Contravention of:

- a non-molestation order;

- (where a non-molestation order is in force) an occupation order or an order under Article 18;

- an exclusion requirement including by virtue of Article 57A of the Children (Northern Ireland) Order 1995 in an interim care order made under Article 57 of that Order; or

- an exclusion requirement included by virtue of Article 63A of the Children (Northern Ireland) Order 1995 in an emergency protection order made under Article 63 of that Order

Article 25(a) and (b) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 ( S.I. 1998/1071) (N.I. 6)
Abuse of position of trust Section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44)
Improper use of public electronic communications network Section 127 of the Communications Act 2003
Trafficking into the UK for sexual exploitation Section 57 of the Sexual Offences Act 2003
Trafficking within the UK for sexual exploitation Section 58 of the Sexual Offences Act 2003
Trafficking out of the UK for sexual exploitation Section 59 of the Sexual Offences Act 2003
Female genital mutilation Section 1 of the Female Genital Mutilation Act 2003
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
Breach of a Female Genital Mutilation protection order Section 5A and paragraph 21 of Part 2 of Schedule 2 to the Female Genital Mutilation Act 2003
Trafficking people for exploitation Section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004
Breach of forced marriage protection order Paragraph 7 of Part 2 of Schedule 1 to the Forced Marriage (Civil Protection) Act 2007 (c. 20)

Encouraging or assisting an offence (inchoate offences) in relation to:

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

(b) the offence of murder

Sections 44 to 46 of the Serious Crime Act 2007
Possession of extreme pornographic images Section 63 of the Criminal Justice and Immigration Act 2008
Rape Article 5 of the Sexual Offences (Northern Ireland) Order 2008 ( S.I. 2008/1769) (N.I. 2)
Assault by penetration Article 6 of the Sexual Offences (Northern Ireland) Order 2008
Sexual assault Article 7 of the Sexual Offences (Northern Ireland) Order 2008
Causing a person to engage in sexual activity without consent Article 8 of the Sexual Offences (Northern Ireland) Order 2008
Rape of a child under 13 Article 12 of the Sexual Offences (Northern Ireland) Order 2008
Assault of a child under 13 by penetration Article 13 of the Sexual Offences (Northern Ireland) Order 2008
Sexual assault of a child under 13 Article 14 of the Sexual Offences (Northern Ireland) Order 2008
Causing or inciting a child under 13 to engage in sexual activity Article 15 of the Sexual Offences (Northern Ireland) Order 2008
Sexual activity with a child Article 16 of the Sexual Offences (Northern Ireland) Order 2008
Causing or inciting a child to engage in sexual activity Article 17 of the Sexual Offences (Northern Ireland) Order 2008
Engaging in sexual activity in the presence of a child Article 18 of the Sexual Offences (Northern Ireland) Order 2008
Causing a child to watch a sexual act Article 19 of the Sexual Offences (Northern Ireland) Order 2008
Sexual offences against children committed by children or young persons Article 20 of the Sexual Offences (Northern Ireland) Order 2008
Arranging or facilitating commission of a sex offence against a child Article 21 of the Sexual Offences (Northern Ireland) Order 2008
Meeting a child following sexual grooming etc Article 22 of the Sexual Offences (Northern Ireland) Order 2008
Sexual communication with a child Article 22A of the Sexual Offences (Northern Ireland) Order 2008
Communicating with a person with a view to grooming a particular child Article 22B of the Sexual Offences (Northern Ireland) Order 2008
Communicating with a group with a view to grooming a particular child Article 22C of the Sexual Offences (Northern Ireland) Order 2008
Abuse of position of trust: sexual activity with child Article 23 of the Sexual Offences (Northern Ireland) Order 2008
Abuse of position of trust: causing or inciting a child to engage in sexual activity Article 24 of the Sexual Offences (Northern Ireland) Order 2008
Abuse of position of trust: sexual activity in the presence of a child Article 25 of the Sexual Offences (Northern Ireland) Order 2008
Abuse of position of trust: causing a child to watch a sexual act Article 26 of the Sexual Offences (Northern Ireland) Order 2008
Sexual activity with a child family member Article 32 of the Sexual Offences (Northern Ireland) Order 2008
Inciting a child of the family to engage in sexual activity Article 33 of the Sexual Offences (Northern Ireland) Order 2008
Paying for sexual services of a child Article 37 of the Sexual Offences (Northern Ireland) Order 2008
Causing or inciting child prostitution or pornography Article 38 of the Sexual Offences (Northern Ireland) Order 2008
Controlling a child prostitute or a child involved in pornography Article 39 of the Sexual Offences (Northern Ireland) Order 2008
Arranging or facilitating child pornography Article 40 of the Sexual Offences (Northern Ireland) Order 2008
Causing or inciting prostitution for gain Article 62 of the Sexual Offences (Northern Ireland) Order 2008
Controlling prostitution for gain Article 63 of the Sexual Offences (Northern Ireland) Order 2008
Administering a substance with intent to commit a sexual offence Article 65 of the Sexual Offences (Northern Ireland) Order 2008
Committing an offence with intent to commit a sexual offence Article 66 of the Sexual Offences (Northern Ireland) Order 2008
Trespass with intent to commit a sexual offence Article 67 of the Sexual Offences (Northern Ireland) Order 2008
Voyeurism Article 71 of the Sexual Offences (Northern Ireland) Order 2008
Voyeurism: additional offences (genitals and buttocks) Article 71A of the Sexual Offences (Northern Ireland) Order 2008
Voyeurism: additional offences (breasts) Article 71B of the Sexual Offences (Northern Ireland) Order 2008
Sending etc an unwanted sexual image Article 72A of the Sexual Offences (Northern Ireland) Order 2008
Possession of prohibited images of children Section 62 of the Coroners and Justice Act 2009
Slavery, servitude and forced or compulsory labour Section 1 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2)
Human trafficking Section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015
Committing offence with intent to commit offence under section 1 or 2 of the Act Section 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015
Offence of forced marriage Section 16 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015
Disclosing private sexual photographs and films with intent to cause distress Section 51 of the Justice Act (Northern Ireland) 2016 (c. 21)
Offence of domestic abuse Section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (c. 2)
Offence of non-fatal strangulation or asphyxiation Section 28 of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19)
Offence of stalking Section 1 of the Protection from Stalking Act (Northern Ireland) 2022 (c. 17)
Offence of threatening or abusive behaviour Section 2 of the Protection from Stalking Act (Northern Ireland) 2022
Offence of breaching order Section 13 of the Protection from Stalking Act (Northern Ireland) 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 64 of the Domestic Abuse Act 2021 (c. 17)requires rules of court to make provision enabling the court to make a special measures direction in civil proceedings in relation to victims and alleged victims of specified offences. These Regulations set out the list of offences that are ‘specified offences’ for this purpose. Special measures are certain steps or provisions that may assist a person, including those who are vulnerable, to give evidence or participate in proceedings.

Regulation 2 introduces the Schedule to the Regulations which contains a list of the specified offences under the law of England and Wales (table 1), Scotland (table 2) and Northern Ireland (table 3).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

( 1)

2021 c. 17.


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