aggravated offence

The distinction between the intermediate and the aggravated offence has also given rise to adverse comment.

If the emergency is so important, why are not the penalties for these aggravated offences equally applicable in Scotland?

He may know that the vehicle has been taken, but seek positively to absent himself from the scene and the commission of the aggravated offence.

One might well ask how important the element of criminal damage is to the rationale of the aggravated offence.

If it was travelling at 20 mph and someone else recklessly drove into it, the aggravated offence would have been committed.

First I turn to the amendments suggesting that sexual exploitation of persons below the age of 16 years should be regarded as an aggravated offence.

The proper approach should be to convict D of the aggravated offence only where he knew that V was, or might be, a police-officer.

Moreover, such a requirement would discourage prosecutions for the aggravated offence and would exclude private prosecutions.

It also changed the law on racially aggravated offences: hate crime is still a big agenda item - this government is still driving that.

The Scottish Parliament has recently legislated against sectarianism, making sectarian-related offences a form of aggravated offence.

The Act also contains a number of aggravated offences of possessing a firearm with various intents, and these were set out in Chapter 7.7 above.

A defendant who, for example, is armed with a weapon or performs the assault in the presence of a third party is guilty of an aggravated offence.

Business prohibitions are given as punishments and as preemptive measures following aggravated offences while in office, such as false accounting, or gross neglect of duties.

However, in addition to all these specific offences of endangerment, English law does contain one fairly wide-ranging offence, and that is the aggravated offence of criminal damage.

A passenger who is screaming to get out of a car, who is trying to stop a driver driving dangerously, will still be guilty of the aggravated offence.

Finally, the Committee considered whether the aggravated offence could be defined to include acts of penetration as well as indecent assaults accompanied by conduct involving serious degradation and humiliation to the victim.

Another aggravated offence is assault with intent to resist arrest or to prevent a lawful arrest, contrary to section 38 of the 1861 Act and carrying a maximum penalty of two years' imprisonment.

Is it not likely that some people who take cars or ride in taken cars will be convicted of the aggravated offence, and be given harsher penalties, largely as a result of these provisions on proof?

Section 30 of the Crime and Disorder Act 1998 sets out a higher maximum of 14 years' imprisonment for racially or religiously aggravated offences other than those already carrying a maximum of life imprisonment.

It suggested that, if an aggravated offence were introduced on the basis of any of the three alternatives discussed, the Director of Public Prosecution's consent should be required before a prosecution was brought because of the difficulties associated with each.

We believe that the right way to deal with that offence is to build on the offence under the Theft Act 1968 - the taking and driving away - and add to it the aggravated offence covered in clause 1.

If any damage is done or if any injury occurs after the initial taking while the car is being driven, the aggravated offence is committed, even if the car is being driven sensibly or carefully.

This means, in turn, that the amendments setting the age limit for an aggravated offence at 16 will undoubtedly interfere not only with the systematic approaches in the Member States but also with national considerations on the age of consent.

The 2-3 offences are aggravated offences, requiring a specific intent to commit another offence (for these purposes, the other offences are to be arrestable, and so include all the major common law and statutory offences of fraud and dishonesty).