Legalize / United Kingdom / Public General Act

Sexual Offences Act 2003

Type Public General Act

Publication 2003-11-20

Last updated 2023-11-27

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(5) Subject to subsection (6), references to a magistrates' court or to a magistrates court for a particular area are to be read as references to a court of summary jurisdiction.

(6) References to a magistrates' court for the area in which the defendant resides are to be read as references to a court of summary jurisdiction for the petty sessions district which includes the area where the defendant resides.

(7) References to a youth court for the area in which the defendant resides are to be read as references to a youth court for the petty sessions district which includes the area where the defendant resides.

(7A) References to a justice of the peace are to be read as references to a lay magistrate.

(8) The reference in section 101 to the Crown Court is to be read as a reference to a county court.

(9) Any direction of the county court made under section 89(1) on an appeal under Article 143 of the Magistrates' Courts (Northern Ireland) Order 1981 (appeals in other cases) (other than one directing that an application be re-heard by a court of summary jurisdiction) is, for the purposes of section 90, to be treated as if it were made by the court from which the appeal was brought and not by the county court.

(10) Any order of the county court made on an appeal under Article 143 of the Magistrates' Courts (Northern Ireland) Order 1981 (other than one directing that an application be re-heard by a court of summary jurisdiction) is, for the purposes of section 108, to be treated as if it were an order of the court from which the appeal was brought and not an order of the county court.

(11) References to the Secretary of State, except in sections 94 and 95, are to be read as references to the Department of Justice in Northern Ireland.

Part 3 — General

Service courts

137

(1) In this Act and in sections 343 to 354 of the Sentencing Code (sexual harm prevention orders on conviction)—

(a) a reference to a court order or a conviction or finding includes a reference to an order of or a conviction or finding by a service court,

(b) a reference to an offence includes a reference to an offence triable by a service court,

(d) a reference to proceedings for an offence under this Act includes a reference to proceedings for an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is that offence.

(2) In sections 92 and 103A(1) of this Act, and section 345 of the Sentencing Code, “court” includes a service court.

(3) Where the court making a sexual harm prevention order is a service court—

(a) sections 103A(3) and (4) to (9), 103F , 103FA(3)(a), (4) and (6) and 103J of this Act, and sections 348A(3)(a), (4) and (6) and 355 to 357 of the Sentencing Code do not apply;

(b) sections 103A(1), (2) and (3A), 103B to 103E , 103FA(1), (2), (3)(b) and (5) to (9), 103FB and 103G to 103I of this Act, and sections 343 to 348, 348A(1), (2), (3)(b) and (5) to (9), 348B to 354 and 358 of the Sentencing Code apply—

(i) subject to paragraphs (ba), (bb) (c) and (d), and

(ii) as if they extended to the whole of the United Kingdom;

(ba) if section 103CA applies to the defendant at a time when the defendant is a person subject to service law or a civilian subject to service discipline, the reference in section 103CA(4)(c) (requirements included in order: report on compliance) to the appropriate chief officer of police is to be read as a reference to a Provost Marshal;

(bb) if section 347A applies to the defendant at a time when the defendant is a person subject to service law or a civilian subject to service discipline, the reference in section 347A(4)(c) of the Sentencing Code (requirements included in order: report on compliance) to the appropriate chief office of police is to be read as a reference to a Provost Marshal;

(c) in relation to an application under section 103E of this Act, or an application under section 350 of the Sentencing Code, in respect of a defendant who at the time of the application is a person subject to service law or a civilian subject to service discipline—

(i) the application may be made only by the defendant or a Provost Marshal, and must be made to the Court Martial;

(ia) the reference in section 103E(2A) to a person mentioned in subsection (2)(b) to (d) is to be read as a reference to a Provost Marshal;

(ib) the reference in section 350(3A) of the Sentencing Code to a person mentioned in subsection (2)(b) or (c) is to be read as a reference to a Provost Marshal;

(ii) consent under section 103E(7) of this Act, or section 350(7) of the Sentencing Code, must be the consent of the defendant and a Provost Marshal;

(iii) an appeal against the making of an order under section 103E of this Act or section 350 of the Sentencing Code, or the refusal to make such an order, must be made to the Court Martial Appeal Court;

(d) in relation to an application under section 103E of this Act, or an application under section 350 of the Sentencing Code, in respect of a defendant who at the time of the application is neither a person subject to service law nor a civilian subject to service discipline—

(i) the application must be made to the Crown Court in England and Wales;

(ii) an appeal against the making of an order under section 103E of this Act or section 350 of the Sentencing Code, or the refusal to make such an order, must be made to the Court of Appeal in England and Wales.

(4) In this section—

“civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006 (see section 370 of that Act);

“Provost Marshal” means the Provost Marshal of a service police force or the Provost Marshal for serious crime;

“service court” means the Court Martial or the Service Civilian Court;

“subject to service law” has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act).

(5) In subsection (1)(a) the reference to a service court includes a reference to the following—

(a) the Court Martial Appeal Court;

(b) the Supreme Court on an appeal brought from the Court Martial Appeal Court;

(d) a Standing Civilian Court.

(6) Paragraphs (c)(i) and (d)(i) of subsection (3) have effect, in relation to a sexual harm prevention order made by the Court Martial Appeal Court, as if the reference to a service court in that subsection included a reference to that court.

Orders and regulations

138

(1) Any power to make orders or regulations conferred by this Act on the Secretary of State is exercisable by statutory instrument.

(2) A statutory instrument containing an order or regulations under section 21, 22A, any of sections 83 to 86 , section 130 or section 136Q(1) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(3) Any other statutory instrument, except one containing an order under section 141, is to be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Orders or regulations made by the Secretary of State under this Act may—

(a) make different provision for different purposes;

(b) include supplementary, incidental, consequential, transitional, transitory or saving provisions.

(5) Any power of the Department of Justice in Northern Ireland to make orders or regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(6) An order or regulations under any of sections 83 to 86 or section 130 may not be made by the Department of Justice unless a draft of the order or regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(7) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

(8) Any other order or regulations made by the Department of Justice are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

(9) Orders or regulations made by the Department of Justice may—

(a) make different provision for different purposes;

(b) include supplementary, incidental, consequential, transitional, transitory or saving provisions.

Minor and consequential amendments

139

Schedule 6 contains minor and consequential amendments.

Repeals and revocations

140

The provisions listed in Schedule 7 are repealed or revoked to the extent specified.

Commencement

141

(1) This Act, except this section and sections 138, 142 and 143, comes into force in accordance with provision made by the Secretary of State by order.

(2) An order under subsection (1) may—

(a) make different provision for different purposes;

(b) include supplementary, incidental, saving or transitional provisions.

Extent, saving etc.

142

(1) Subject to section 137 and to subsections (2) to (4), this Act extends to England and Wales only.

(2) The following provisions also extend to Northern Ireland—

(a) sections 46 and ...,

(b) Schedule 2,

(ca) Part 2A;

(d) sections 138, 141, 143 and this section.

(2A) Sections 85A, 96A, 96AA, 110, 117A, 119 and 123 to 129 and Schedule 3A extend only to Northern Ireland.

(3) The following provisions also extend to Scotland—

(a) sections 80 to 85, 86 to 88, 89 to 91, 92, 94 to 96, 97 to 103, 122F, 130 to 132 and 133 to 136ZB;

(b) sections 138, 141, 143 and this section.

(3A) Sections 88A to 88I, 96A, 111A, 117B, 120 and 121 extend only to Scotland.

(3B) Sections 104 to 109, 111, 112 to 117, 118 and 122 extend to Northern Ireland and Scotland but not to England and Wales.

(3C) The references to section 96A in subsections (2A) and (3A) are references respectively to—

(a) the section 96A inserted by the Criminal Justice Act (Northern Ireland) 2013, and

(b) the section 96A inserted by the Police, Public Order and Criminal Justice (Scotland) Act 2006.

(4) Unless otherwise provided, any amendment, repeal or revocation made by this Act has the same extent as the provision to which it relates.

(5) Section 16B of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) continues to have effect despite the repeal by this Act of section 8 of the Sex Offenders Act 1997 (c. 51).

(6) For the purposes of the Scotland Act 1998 (c. 46), this Act is to be taken to be a pre-commencement enactment.

Short title

143

This Act may be cited as the Sexual Offences Act 2003.

SCHEDULE 1

Sexual Offences Act 1956 (c. 69)

1

In section 36 of the Sexual Offences Act 1956 (permitting premises to be used for prostitution), at the end insert “ (whether any prostitute involved is male or female) ”.

Street Offences Act 1959 (c. 57)

2

In section 1(1) of the Street Offences Act 1959 (loitering or soliciting for purposes of prostitution), after “prostitute” insert “ (whether male or female) ”.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sexual Offences Act 1985 (c. 44)

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2

England and Wales

1

In relation to England and Wales, the following are sexual offences to which subsections (1), (2) and (3) of section 72 apply—

(a) an offence under any of sections 5 to 19, 25 and 26 and 47 to 50;

(b) an offence under any of sections 1 to 4, 30 to 41 and 61 where the victim of the offence was under 18 at the time of the offence;

(d) an offence under—

(i) section 1 of the Protection of Children Act 1978 (c. 37) (indecent photographs of children), or

(ii) section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of child).

...

Northern Ireland

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General

3

A reference in paragraph 1 or 1A ... to an offence includes—

(a) a reference to an attempt, conspiracy or incitement to commit that offence; and

(b) a reference to aiding and abetting, counselling or procuring the commission of that offence.

SCHEDULE 3

England and Wales

1

An offence under section 1 of the Sexual Offences Act 1956 (c. 69) (rape).

2

An offence under section 5 of that Act (intercourse with girl under 13).

3

An offence under section 6 of that Act (intercourse with girl under 16), if the offender was 20 or over.

4

An offence under section 10 of that Act (incest by a man), if the victim or (as the case may be) other party was under 18.

5

An offence under section 12 of that Act (buggery) if—

(a) the offender was 20 or over, and

(b) the victim or (as the case may be) other party was under 18.

6

An offence under section 13 of that Act (indecency between men) if—

(a) the offender was 20 or over, and

(b) the victim or (as the case may be) other party was under 18.

7

An offence under section 14 of that Act (indecent assault on a woman) if—

(a) the victim or (as the case may be) other party was under 18, or

(b) the offender, in respect of the offence or finding, is or has been—

(i) sentenced to imprisonment for a term of at least 30 months; or

(ii) admitted to a hospital subject to a restriction order.

8

An offence under section 15 of that Act (indecent assault on a man) if—

(a) the victim or (as the case may be) other party was under 18, or

(b) the offender, in respect of the offence or finding, is or has been—

(i) sentenced to imprisonment for a term of at least 30 months; or

(ii) admitted to a hospital subject to a restriction order.

9

An offence under section 16 of that Act (assault with intent to commit buggery), if the victim or (as the case may be) other party was under 18.

10

An offence under section 28 of that Act (causing or encouraging the prostitution of, intercourse with or indecent assault on girl under 16).

11

An offence under section 1 of the Indecency with Children Act 1960 (c. 33) (indecent conduct towards young child).

12

An offence under section 54 of the Criminal Law Act 1977 (c. 45) (inciting girl under 16 to have incestuous sexual intercourse).

13

An offence under section 1 of the Protection of Children Act 1978 (c. 37) (indecent photographs of children), if the indecent photographs or pseudo-photographs showed persons under 16 and—

(a) the conviction, finding or caution was before the commencement of this Part, or

(b) the offender—

(i) was 18 or over, or

(ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.

14

An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles), if the prohibited goods included indecent photographs of persons under 16 and—

(a) the conviction, finding or caution was before the commencement of this Part, or

(b) the offender—

(i) was 18 or over, or

(ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.

15

An offence under section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of a child), if the indecent photographs or pseudo-photographs showed persons under 16 and—

(a) the conviction, finding or caution was before the commencement of this Part, or

(b) the offender—

(i) was 18 or over, or

(ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.

16

An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust), if the offender was 20 or over.

17

An offence under section 1 or 2 of this Act (rape, assault by penetration).

18

An offence under section 3 of this Act (sexual assault) if—

(a) where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

19

An offence under any of sections 4 to 6 of this Act (causing sexual activity without consent, rape of a child under 13, assault of a child under 13 by penetration).

20

An offence under section 7 of this Act (sexual assault of a child under 13) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

21

An offence under any of sections 8 to 12 of this Act (causing or inciting a child under 13 to engage in sexual activity, child sex offences committed by adults).

22

An offence under section 13 of this Act (child sex offences committed by children or young persons), if the offender is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months.

23

An offence under section 14 of this Act (arranging or facilitating the commission of a child sex offence) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months.

24

An offence under section 15 of this Act (meeting a child following sexual grooming etc).

25

An offence under any of sections 16 to 19 of this Act (abuse of a position of trust) if the offender, in respect of the offence, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

26

An offence under section 25 or 26 of this Act (familial child sex offences) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

27

An offence under any of sections 30 to 37 of this Act (offences against persons with a mental disorder impeding choice, inducements etc. to persons with mental disorder).

28

An offence under any of sections 38 to 41 of this Act (care workers for persons with mental disorder) if —

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case, the offender, in respect of the offence or finding, is or has been—

(i) sentenced to a term of imprisonment,

(ii) detained in a hospital, or

(iii) made the subject of a community sentence of at least 12 months.

29

An offence under section 47 of this Act (paying for sexual services of a child) if the victim or (as the case may be) other party was under 16, and the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

30

An offence under section 61 of this Act (administering a substance with intent).

31

An offence under section 62 or 63 of this Act (committing an offence or trespassing, with intent to commit a sexual offence) if—

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the intended offence was an offence against a person under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

32

An offence under section 64 or 65 of this Act (sex with an adult relative) if —

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case, the offender, in respect of the offence or finding, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) detained in a hospital.

33

An offence under section 66 of this Act (exposure) if—

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

34

An offence under section 67 of this Act (voyeurism) if—

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

35

An offence under section 69 or 70 of this Act (intercourse with an animal, sexual penetration of a corpse) if —

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case, the offender, in respect of the offence or finding, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) detained in a hospital.

Scotland

36

Rape at common law.

37

Clandestine injury to women.

38

Abduction of woman or girl with intent to rape.

39

Assault with intent to rape or ravish.

40

Indecent assault.

41

Lewd, indecent or libidinous behaviour or practices.

42

43

Sodomy, unless every person involved in the offence was 16 or over and was a willing participant.

44

45

An offence under section 52 of the Civic Government (Scotland) Act 1982 (c. 45) (taking and distribution of indecent images of children) if—

(a) the child was under 16 and the offender—

(i) was 18 or over, or

(ii) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or

(b) in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph

46

An offence under section 52A of that Act (possession of indecent images of children) if—

(a) the child was under 16 and the offender—

(i) was 18 or over, or

(ii) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or

(b) in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph

47

An offence under section 106 of the Mental Health (Scotland) Act 1984 (c. 36) (protection of mentally handicapped females).

48

An offence under section 107 of that Act (protection of patients).

49

An offence under section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (incest), if a person (other than the offender) involved in the offence was under 18.

50

An offence under section 2 of that Act (intercourse with a stepchild), if a person (other than the offender) involved in the offence was under 18.

51

An offence under section 3 of that Act (intercourse with child under 16 by person in position of trust).

52

An offence under section 5 of that Act (unlawful intercourse with girl under 16), save in the case of an offence in contravention of subsection (3) of that section where the offender was under 20.

53

An offence under section 6 of that Act (indecent behaviour towards girl between 12 and 16).

54

An offence under section 8 of that Act (abduction of girl under 18 for purposes of unlawful intercourse).

55

An offence under section 10 of that Act (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16).

56

An offence under section 13(5) of that Act (homosexual offences) unless every person involved (whether in the offence or in the homosexual act) was 16 or over and was a willing participant.

57

An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust), where the offender was 20 or over.

58

An offence under section 311(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (non-consensual sexual acts).

59

An offence under section 313(1) of that Act (persons providing care services: sexual offences).

60

An offence in Scotland other than is mentioned in paragraphs 36 to 59ZL if the court, in imposing sentence or otherwise disposing of the case, determines for the purposes of this paragraph that there was a significant sexual aspect to the offender’s behaviour in committing the offence.

Northern Ireland

61

Rape.

62

An offence under section 52 of the Offences against the Person Act 1861 (c. 100) (indecent assault upon a female) if—

(a) where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

63

An offence under section 53 or 54 of that Act (abduction of woman by force for unlawful sexual intercourse) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

64

An offence under section 61 of that Act (buggery) if—

(a) the offender was 20 or over, and

(b) the victim or (as the case may be) other party was under 18.

65

An offence under section 62 of that Act of assault with intent to commit buggery if the victim or (as the case may be) other party was under 18, and the offender —

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

66

An offence under section 62 of that Act of indecent assault upon a male person if—

(a) where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

67

An offence under section 2 of the Criminal Law Amendment Act 1885 (c. 69) (procuration) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

68

An offence under section 3 of that Act (procuring defilement of woman by threats or fraud, etc.) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

69

An offence under section 4 of that Act of unlawful carnal knowledge of a girl under 14 if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

70

An offence under section 5 of that Act of unlawful carnal knowledge of a girl under 17, if the offender was 20 or over.

71

An offence under section 7 of that Act (abduction of girl under 18) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

72

An offence under section 11 of that Act (homosexual offences) if—

(a) the offender was 20 or over, and

(b) the victim or (as the case may be) other party was under 18.

73

An offence under section 1 of the Punishment of Incest Act 1908 (c. 45) (incest by males), if —

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim or (as the case may be) other party was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment, or

(b) detained in a hospital.

74

An offence under section 2 of that Act (incest by females), if—

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim or (as the case may be) other party was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment, or

(b) detained in a hospital.

75

An offence under section 21 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34) (causing or encouraging seduction or prostitution of a girl under 17) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

76

An offence under section 22 of that Act (indecent conduct towards a child) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

77

An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

78

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

79

An offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)) (inciting girl under 16 to have incestuous sexual intercourse) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

80

An offence under Article 122 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (offences against women suffering from severe mental handicap).

81

An offence under Article 123 of that Order (offences against patients) if—

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case, the offender, in respect of the offence or finding, is or has been—

(i) sentenced to a term of imprisonment,

(ii) detained in a hospital, or

(iii) made the subject of a community sentence of at least 12 months.

82

An offence under Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17) (possession of indecent photographs of children) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

83

An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust), if the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

84

An offence under Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (buggery) if—

(a) the offender was 20 or over, and

(b) the victim or (as the case may be) other party was under 17.

85

An offence under Article 20 of that Order (assault with intent to commit buggery) if the victim was under 18 and the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

86

An offence under Article 21 of that Order (indecent assault upon a male) if—

(a) where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

87

An offence under section 15 of this Act (meeting a child following sexual grooming etc.).

88

An offence under any of sections 16 to 19 of this Act (abuse of trust) if the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

89

An offence under section 47 of this Act (paying for sexual services of a child) if the victim or (as the case may be) other party was under 17 and the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to a term of imprisonment of at least 12 months.

90

An offence under section 66 of this Act (exposure) if—

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

91

An offence under section 67 of this Act (voyeurism) if—

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

92

An offence under section 69 or 70 of this Act (intercourse with an animal, sexual penetration of a corpse) if —

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case, the offender, in respect of the offence or finding, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) detained in a hospital.

Service offences

93

(1) An offence under—

(a) section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),

(b) section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), or

of which the corresponding civil offence (within the meaning of that Act) is an offence listed in any of paragraphs 1 to 35B.

(2) A reference in any of those paragraphs to being made the subject of a community sentence of at least 12 months is to be read, in relation to an offence under an enactment referred to in sub-paragraph (1), as a reference to being sentenced to a term of . . . detention of at least 112 days.

(3) In sub-paragraph (2), the reference to detention is to detention awarded under section 71(1)(e) of the Army Act 1955 or Air Force Act 1955 or section 43(1)(e) of the Naval Discipline Act 1957.

General

94

A reference in a preceding paragraph to an offence includes—

(a) a reference to an attempt, conspiracy or incitement to commit that offence, and

(b) except in paragraphs 36 to 43, a reference to aiding, abetting, counselling or procuring the commission of that offence.

95

A reference in a preceding paragraph to a person’s age is—

(a) in the case of an indecent photograph, a reference to the person’s age when the photograph was taken;

(b) in any other case, a reference to his age at the time of the offence.

96

In this Schedule “community sentence” has—

(a) in relation to England and Wales, the same meaning as in the Sentencing Code, and

(b) in relation to Northern Ireland, the same meaning as in the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).

97

For the purposes of paragraphs 14, 44 and 78—

(a) a person is to be taken to have been under 16 at any time if it appears from the evidence as a whole that he was under that age at that time;

(b) section 7 of the Protection of Children Act 1978 (c. 37) (interpretation), subsections (2) to (2C) and (8) to (10) of section 52 of the Civic Government (Scotland) Act 1982 (c. 45), and Article 2(2) and (3) of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (interpretation) (respectively) apply as each provision applies for the purposes of the Act or Order of which it forms part.

98

A determination under paragraph 60 constitutes part of a person’s sentence, within the meaning of the Criminal Procedure (Scotland) Act 1995 (c. 46), for the purposes of any appeal or review.

SCHEDULE 4

Scope of Schedule

1

This Schedule applies where a relevant offender is subject to the notification requirements of this Part as a result of a conviction, finding or caution in respect of an offence under—

(a) section 12 or 13 of the Sexual Offences Act 1956 (c. 69) (buggery or indecency between men), or

(b) section 61 of the Offences against the Person Act 1861 (c. 100) or section 11 of the Criminal Law Amendment Act 1885 (c. 69) (corresponding Northern Ireland offences).

Application for decision

2

(1) The relevant offender may apply to the Secretary of State for a decision as to whether it appears that, at the time of the offence, the other party to the act of buggery or gross indecency—

(a) where paragraph 1(a) applies, was aged 16 or over,

(b) where paragraph 1(b) applies, was aged 17 or over,

and consented to the act.

The relevant offender may apply to the Department of Justice for a decision as to whether it appears that, at the time of the offence, the other party to the act of buggery, carnal knowledge or gross indecency consented to the act and—

(a) that other party was aged 16 or over, or

(b) where an offender is subject to the notification requirements of this Part as a result of a conviction, the offender was convicted or sentenced on the basis that the offender honestly believed that other party was aged 16 or over.

(2) An application must be in writing and state—

(a) the name, address and date of birth of the relevant offender,

(b) his name and address at the time of the conviction, finding or caution,

(c) so far as known to him, the time when and the place where the conviction or finding was made or the caution given and, for a conviction or finding, the case number,

(d) such other information as the Secretary of State may require.

(3) An application may include representations by the relevant offender about the matters mentioned in sub-paragraph (1).

Decision by Secretary of State

3

(1) In making the decision applied for, the Secretary of State must consider—

(a) any representations included in the application, and

(b) any available record of the investigation of the offence and of any proceedings relating to it that appears to him to be relevant,

but is not to seek evidence from any witness.

(2) On making the decision the Secretary of State must—

(a) record it in writing, and

(b) give notice in writing to the relevant offender.

Effect of decision

4

(1) If the Secretary of State decides that it appears as mentioned in paragraph 2(1), the relevant offender ceases, from the beginning of the day on which the decision is recorded under paragraph 3(2)(a), to be subject to the notification requirements of this Part as a result of the conviction, finding or caution in respect of the offence.

(2) Sub-paragraph (1) does not affect the operation of this Part as a result of any other conviction, finding or caution or any court order.

Right of appeal

5

(1) If the Secretary of State decides that it does not appear as mentioned in paragraph 2(1), and if the High Court gives permission, the relevant offender may appeal to that court.

(2) On an appeal the court may not receive oral evidence.

(3) The court—

(a) if it decides that it appears as mentioned in paragraph 2(1), must make an order to that effect,

(b) otherwise, must dismiss the appeal.

(4) An order under sub-paragraph (3)(a) has the same effect as a decision of the Secretary of State recorded under paragraph 3(2)(a) has under paragraph 4.

(5) There is no appeal from the decision of the High Court.

Interpretation

6

(1) In this Schedule a reference to an offence includes—

(a) a reference to an attempt, conspiracy or incitement to commit that offence, and

(b) a reference to aiding, abetting, counselling or procuring the commission of that offence.

(2) In the case of an attempt, conspiracy or incitement, references in paragraph 2 to the act of buggery, carnal knowledge or gross indecency are references to the act of buggery, carnal knowledge or gross indecency to which the attempt, conspiracy or incitement related (whether or not that act occurred).

(3) Sub-paragraphs (1) and (2) apply, with appropriate modifications, to an offence under Part 2 of the Serious Crime Act 2007 as they apply to the offence of incitement.

Transitional provision

7

Until the coming into force of the repeal by this Act of Part 1 of the Sex Offenders Act 1997 (c. 51), this Schedule has effect as if references to this Part of this Act were references to Part 1 of that Act.

SCHEDULE 5

England and Wales

1

Murder.

2

Manslaughter.

3

Kidnapping.

4

False imprisonment.

5

An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).

6

An offence under section 16 of that Act (threats to kill).

7

An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).

8

An offence under section 20 of that Act (malicious wounding).

9

An offence under section 21 of that Act (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence).

10

An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence).

11

An offence under section 23 of that Act (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm).

12

An offence under section 27 of that Act (abandoning children).

13

An offence under section 28 of that Act (causing bodily injury by explosives).

14

An offence under section 29 of that Act (using explosives etc. with intent to do grievous bodily harm).

15

An offence under section 30 of that Act (placing explosives with intent to do bodily injury).

16

An offence under section 31 of that Act (setting spring guns etc. with intent to do grievous bodily harm).

17

An offence under section 32 of that Act (endangering the safety of railway passengers).

18

An offence under section 35 of that Act (injuring persons by furious driving).

19

An offence under section 37 of that Act (assaulting officer preserving wreck).

20

An offence under section 38 of that Act (assault with intent to resist arrest).

21

An offence under section 47 of that Act (assault occasioning actual bodily harm).

22

An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property).

23

An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).

24

An offence under section 1 of the Infant Life (Preservation) Act 1929 (c. 34) (child destruction).

25

An offence under section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty to children).

26

An offence under section 1 of the Infanticide Act 1938 (c. 36) (infanticide).

27

An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life).

28

An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence).

29

An offence under section 17(1) of that Act (use of firearm to resist arrest).

30

An offence under section 17(2) of that Act (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act).

31

An offence under section 18 of that Act (carrying a firearm with criminal intent).

32

An offence under section 8 of that Act(robbery or assault with intent to rob).

33

An offence under section 9(1)(a) of that Act (burglary with intent to steal, inflict grievous bodily harm or do unlawful damage).

34

An offence under section 10 of that Act (aggravated burglary).

35

An offence under section 12A of that Act (aggravated vehicle-taking) involving an accident which caused the death of any person.

36

An offence of arson under section 1 of the Criminal Damage Act 1971 (c. 48).

37

An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.

38

An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).

39

An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).

40

An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).

41

An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).

42

An offence under section 4 of that Act (offences in relation to certain dangerous articles).

43

An offence under section 127 of the Mental Health Act 1983 (c. 20) (ill-treatment of patients).

44

An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).

45

An offence under section 1 of the Public Order Act 1986 (c. 64) (riot).

46

An offence under section 2 of that Act (violent disorder).

47

An offence under section 3 of that Act (affray).

48

An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).

49

An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving).

50

An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).

51

An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).

52

An offence under section 9 of that Act (hijacking of ships).

53

An offence under section 10 of that Act (seizing or exercising control of fixed platforms).

54

An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).

55

An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).

56

An offence under section 13 of that Act (offences involving threats).

57

An offence under section 4 or 4A of that Act (putting people in fear of violence and stalking involving fear of violence or serious alarm or distress).

58

An offence under section 29 of the Crime and Disorder Act 1998 (c. 37) (racially or religiously aggravated assaults).

59

An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986 (c. 64)).

60

An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

61

An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

62

An offence under section 47 of this Act, where the victim or (as the case may be) other party was 16 or over.

63

An offence under any of sections 51 to 53 or 57 to 59 59A of this Act.

Scotland

64

Murder.

65

Culpable homicide.

66

Assault.

67

Assault and robbery.

68

Abduction.

69

Plagium.

70

Wrongful imprisonment.

71

Threatening personal violence.

72

Breach of the peace inferring personal violence.

73

Wilful fireraising.

74

Culpable and reckless fireraising.

75

Mobbing and rioting.

76

An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property).

77

An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosives with intent to endanger life or property).

78

An offence under section 12 of the Children and Young Persons (Scotland) Act 1937 (c. 37) (cruelty to persons under 16).

79

An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life).

80

An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence).

81

An offence under section 17(1) of that Act (use of firearm to resist arrest).

82

An offence under section 17(2) of that Act (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act).

83

An offence under section 18 of that Act (carrying a firearm with criminal intent).

84

An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).

85

An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).

86

An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).

87

An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).

88

An offence under section 4 of that Act (offences in relation to certain dangerous articles).

89

An offence under section 105 of the Mental Health (Scotland) Act 1984 (c. 36) (ill-treatment of patients).

90

An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).

91

An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).

92

An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving).

93

An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).

94

An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).

95

An offence under section 9 of that Act (hijacking of ships).

96

An offence under section 10 of that Act (seizing or exercising control of fixed platforms).

97

An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).

98

An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).

99

An offence under section 13 of that Act (offences involving threats).

100

An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

101

An offence under section 7 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (procuring).

102

An offence under section 9 of that Act (permitting girl to use premises for intercourse).

103

An offence under section 11 of that Act (trading in prostitution and brothel-keeping).

104

An offence under section 12 of that Act (allowing child to be in brothel).

105

An offence under section 13(9) of that Act (living on earnings of male prostitution etc.).

106

An offence under section 50A of that Act (racially-aggravated harassment).

107

An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

108

An offence under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity, war crimes and related offences as specified in Schedule 1 to that Act).

109

An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (asp 7) (traffic in prostitution etc.).

110

An offence to which section 74 of that Act applies (offences aggravated by religious prejudice).

111

An offence under section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (ill-treatment and wilful neglect of mentally disordered person).

Northern Ireland

112

Murder.

113

Manslaughter.

114

Kidnapping.

115

Riot.

116

Affray.

117

False imprisonment.

118

An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).

119

An offence under section 16 of that Act (threats to kill).

120

An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).

121

An offence under section 20 of that Act (malicious wounding).

122

An offence under section 21 of that Act (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence).

123

An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence).

124

An offence under section 23 of that Act (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm).

125

An offence under section 27 of that Act (abandoning children).

126

An offence under section 28 of that Act (causing bodily injury by explosives).

127

An offence under section 29 of that Act (using explosives etc. with intent to do grievous bodily harm).

128

An offence under section 30 of that Act (placing explosives with intent to do bodily injury).

129

An offence under section 31 of that Act (setting spring guns etc. with intent to do grievous bodily harm).

130

An offence under section 32 of that Act (endangering the safety of railway passengers).

131

An offence under section 35 of that Act (injuring persons by furious driving).

132

An offence under section 37 of that Act (assaulting officer preserving wreck).

133

An offence under section 47 of that Act of assault occasioning actual bodily harm.

134

An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property).

135

An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).

136

An offence under section 25 of the Criminal Justice (Northern Ireland) Act 1945 (c. 15) (child destruction).

137

An offence under section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5) (infanticide).

138

An offence under section 7(1)(b) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28) (assault with intent to resist arrest).

139

An offence under section 20 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34) (cruelty to children).

140

An offence under section 8 of that Act (robbery or assault with intent to rob).

141

An offence under section 9(1)(a) of that Act (burglary with intent to steal, inflict grievous bodily harm or do unlawful damage).

142

An offence under section 10 of that Act (aggravated burglary).

143

An offence of arson under Article 3 of the Criminal Damage Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)).

144

An offence under Article 3(2) of that Order (destroying or damaging property) other than an offence of arson.

145

An offence under Article 58(1) of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/ (N.I. )) (possession of firearm with intent to endanger life).

146

An offence under Article 58(2) of that Order (possession of firearm with intent to cause fear of violence).

147

An offence under Article 59(1) of that Order (use of firearm to resist arrest).

148

An offence under Article 59(2) of that Order (possession of firearm at time of committing or being arrested for an offence specified in Schedule 4 to that Order).

149

An offence under Article 60 of that Order (carrying a firearm with criminal intent).

150

An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).

151

An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).

152

An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).

153

An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).

154

An offence under section 4 of that Act (offences in relation to certain dangerous articles).

155

An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).

156

An offence under Article 121 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4) (ill-treatment of patients).

157

An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).

158

An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).

159

An offence under section 9 of that Act (hijacking of ships).

160

An offence under section 10 of that Act (seizing or exercising control of fixed platforms).

161

An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).

162

An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).

163

An offence under section 13 of that Act (offences involving threats).

164

An offence under Article 9 of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by dangerous driving).

165

An offence under Article 14 of that Order (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs).

166

An offence under Article 6 of that Order (putting people in fear of violence).

167

An offence under section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assaulting or obstructing a constable etc.).

168

An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

169

An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

170

An offence under section 47 of this Act, where the victim or (as the case may be) other party was 17 or over.

171

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service offences

172

An offence under—

(a) section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),

(b) section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), or

of which the corresponding civil offence (within the meaning of that Act) is an offence under a provision listed in any of paragraphs 1 to 63A .

General

173

A reference in a preceding paragraph to an offence includes—

(a) a reference to an attempt, conspiracy or incitement to commit that offence, and

(b) a reference to aiding, abetting, counselling or procuring the commission of that offence.

174

A reference in a preceding paragraph to a person’s age is a reference to his age at the time of the offence.

SCHEDULE 6

Vagrancy Act 1824 (c. 83)

1

In section 4 of the Vagrancy Act 1824 (rogues and vagabonds) except so far as extending to Northern Ireland, omit the words from “every person wilfully” to “female”.

2

In section 4 of the Vagrancy Act 1824 as it extends to Northern Ireland, omit the words from “wilfully, openly, lewdly” to “any female; or”.

Town Police Clauses Act 1847 (c. 89)

3

In section 28 of the Town Police Clauses Act 1847 (penalty for committing certain acts), omit “Every person who wilfully and indecently exposes his person:”.

Offences against the Persons Act 1861 (c. 100)

4

In the Offences against the Person Act 1861, omit sections 61 and 62.

Criminal Law Amendment Act 1885 (c. 69)

5

In the Criminal Law Amendment Act 1885, omit—

(a) in section 2, subsections (2) to (4), and

(b) section 11.

Vagrancy Act 1898 (c. 39)

6

The Vagrancy Act 1898 ceases to have effect.

Children and Young Persons Act 1933 (c. 12)

7

In Schedule 1 to the Children and Young Persons Act 1933 (offences to which special provisions of that Act apply), for the entry relating to offences under the Sexual Offences Act 1956 (c. 69) substitute— “ Any offence against a child or young person under any of sections 1 to 41, 47 to 53, 57 to 61, 66 and 67 of the Sexual Offences Act 2003, or any attempt to commit such an offence. Any offence under section 62 or 63 of the Sexual Offences Act 2003 where the intended offence was an offence against a child or young person, or any attempt to commit such an offence. ”

Visiting Forces Act 1952 (c. 67)

8

(1) Paragraph 1 of the Schedule to the Visiting Forces Act 1952 (offences referred to in section 3 of that Act) is amended as follows.

(2) Before sub-paragraph (a) insert—

(za) rape and buggery (offences under the law of Northern Ireland);

(3) In sub-paragraph (a), omit “rape” and “buggery”.

(4) In sub-paragraph (b), after paragraph (xii) insert—

(xiii) Part 1 of the Sexual Offences Act 2003.

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Air Force Act 1955 (3 & 4 Eliz. 2.c. 19)

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sexual Offences Act 1956 (c. 37)

11

In the Sexual Offences Act 1956, omit—

(a) sections 1 to 7, 9 to 17, 19 to 32 and 41 to 47 (offences), and

(b) in Schedule 2 (prosecution, punishment etc.), paragraphs 1 to 32.

Naval Discipline Act 1957 (c. 53)

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mental Health Act 1959 (c. 72)

13

In the Mental Health Act 1959, omit sections 127 (amendment of Sexual Offences Act 1956) and 128 (sexual intercourse with patients).

Indecency with Children Act 1960 (c. 33)

14

The Indecency with Children Act 1960 ceases to have effect.

Sexual Offences Act 1967 (c. 60)

15

In the Sexual Offences Act 1967, omit the following—

(a) section 1 (amendment of law relating to homosexual acts in private),

(b) section 4 (procuring others to commit homosexual acts),

(d) section 7 (time limit on prosecutions),

(e) section 8 (restriction on prosecutions), and

(f) section 10 (past offences).

Firearms Act 1968 (c. 27)

16

In Schedule 1 to the Firearms Act 1968 (offences to which section 17(2) of that Act applies), for paragraph 6 substitute—

(6) Offences under any of the following provisions of the Sexual Offences Act 2003— (a) section 1 (rape); (b) section 2 (assault by penetration); (c) section 4 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section; (d) section 5 (rape of a child under 13); (e) section 6 (assault of a child under 13 by penetration); (f) section 8 (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused; (g) section 30 (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section; (h) section 31 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.

Theft Act 1968 (c. 60)

17

In section 9 of the Theft Act 1968 (burglary), in subsection (2) omit “or raping any person”.

Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))

18

(1) The Children and Young Persons Act (Northern Ireland) 1968 is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In Schedule 1 (offences against children and young persons to which special provisions of that Act apply), at the end insert— “ Any offence against a child or young person under any of sections 15 to 19, 47 to 59, 66 and 67 of the Sexual Offences Act 2003 or any attempt to commit such an offence. ”

Rehabilitation of Offenders Act 1974 (c. 53)

19

In section 7 of the Rehabilitation of Offenders Act 1974 (limitations on rehabilitation under that Act), in subsection (2), for paragraph (bb) substitute—

(bb) in any proceedings under Part 2 of the Sexual Offences Act 2003, or on appeal from any such proceedings;

Sexual Offences (Amendment) Act 1976 (c. 82)

20

(1) The Sexual Offences (Amendment) Act 1976 is amended as follows.

(2) In section 1 (meaning of “rape”), omit subsection (2).

(3) In section 7 (citation, interpretation etc.)—

(a) for subsection (2) substitute—

(2) In this Act— (a) “a rape offence” means any of the following— (i) an offence under section 1 of the Sexual Offences Act 2003 (rape); (ii) an offence under section 2 of that Act (assault by penetration); (iii) an offence under section 4 of that Act (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section; (iv) an offence under section 5 of that Act (rape of a child under 13); (v) an offence under section 6 of that Act (assault of a child under 13 by penetration); (vi) an offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused; (vii) an offence under section 30 of that Act (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section; (viii) an offence under section 31 of that Act (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused; (ix) an attempt, conspiracy or incitement to commit an offence within any of paragraphs (i) to (vii); (x) aiding, abetting, counselling or procuring the commission of such an offence or an attempt to commit such an offence. (b) the use in any provision of the word “man” without the addition of the word “boy” does not prevent the provision applying to any person to whom it would have applied if both words had been used, and similarly with the words “woman” and “girl”.

;

(b) omit subsection (3).

Criminal Law Act 1977 (c. 45)

21

In the Criminal Law Act 1977, omit section 54 (inciting girl under 16 to have incestuous sexual intercourse).

Internationally Protected Persons Act 1978 (c. 17)

22

In section 1 of the Internationally Protected Persons Act 1978 (attacks and threats of attacks on protected persons)—

(a) in subsection (1)(a)—

(i) omit “rape,”;

(ii) after “Explosive Substances Act 1883” insert “ or an offence listed in subsection (1A) ”;

(b) after subsection (1) insert—

(1A) The offences mentioned in subsection (1)(a) are— (a) in Scotland or Northern Ireland, rape; (b) an offence under section 1 or 2 of the Sexual Offences Act 2003; (c) an offence under section 4 of that Act, where the activity caused involved penetration within subsection (4)(a) to (d) of that section; (d) an offence under section 5 or 6 of that Act; (e) an offence under section 8 of that Act, where an activity involving penetration within subsection (3)(a) to (d) of that section was caused; (f) an offence under section 30 of that Act, where the touching involved penetration within subsection (3)(a) to (d) of that section; (g) an offence under section 31 of that Act, where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.

Suppression of Terrorism Act 1978 (c. 26)

23

(1) Schedule 1 to the Suppression of Terrorism Act 1978 (offences for the purposes of that Act) is amended as follows.

(2) In paragraph 3, after “Rape” insert “ under the law of Scotland or Northern Ireland ”.

(3) For paragraph 9 substitute—

(9) An offence under any of the following provisions of the Sexual Offences Act 2003— (a) sections 1 or 2 (rape, assault by penetration); (b) section 4 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section; (c) section 5 or 6 (rape of a child under 13, assault of a child under 13 by penetration); (d) section 8 (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused; (e) section 30 (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section; (f) section 31 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.

Protection of Children Act 1978 (c. 37)

24

In section 1(1) of the Protection of Children Act 1978 (indecent photographs of children), at the beginning insert “ Subject to sections 1A and 1B, ”.

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

25

In Article 8 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (limitations on rehabilitation under that Order), in paragraph (2), for sub-paragraph (bb) substitute—

(bb) in any proceedings under Part 2 of the Sexual Offences Act 2003, or on appeal from any such proceedings;

Magistrates' Courts Act 1980 (c. 43)

26

(1) The Magistrates' Courts Act 1980 is amended as follows.

(2) In section 103 (evidence of persons under 14 in committal proceedings), in subsection (2)(c), after “the Protection of Children Act 1978” insert “ or Part 1 of the Sexual Offences Act 2003 ”.

(3) In Schedule 7 (consequential amendments), omit paragraph 18.

Criminal Justice Act 1982 (c. 48)

27

In the Criminal Justice Act 1982, in Part 2 of Schedule 1 (offences excluded from early release provisions), after the entry relating to the Proceeds of Crime Act 2002 (c. 29) insert—

Sections 1 and 2 (rape, assault by penetration). Section 4 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section. Sections 5 and 6 (rape of a child under 13, assault of a child under 13 by penetration). Section 8 (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused. Section 30 (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section. Section 31 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.

Police and Criminal Evidence Act 1984 (c. 60)

28

(1) The Police and Criminal Evidence Act 1984 is amended as follows.

(2) In section 80(7) (sexual offences for purposes of compellability of spouse), after “the Protection of Children Act 1978” insert “ or Part 1 of the Sexual Offences Act 2003 ”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 1988 (c. 33)

29

(1) The Criminal Justice Act 1988 is amended as follows.

(2) In section 32 (evidence through television links), in subsection (2)(c), after “the Protection of Children Act 1978” insert “ or Part 1 of the Sexual Offences Act 2003 ”.

(3) In section 160(1) (possession of indecent photograph of child), at the beginning insert “ Subject to subsection (1A), ”.

Criminal Justice Act 1991 (c. 53)

30

In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), in subsection (2)(da), for “Part I of the Sex Offenders Act 1997” substitute “ Part 2 of the Sexual Offences Act 2003 ”.

Sexual Offences (Amendment) Act 1992 (c. 34)

31

(1) Section 2 of the Sexual Offences (Amendment) Act 1992 (offences to which that Act applies) is amended as follows.

(2) In subsection (1) (England and Wales)—

(a) after paragraph (d) insert—

(da) any offence under any of the provisions of Part 1 of the Sexual Offences Act 2003 except section 64, 65, 69 or 71;

;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (3) (Northern Ireland)—

(a) after paragraph (hh) insert—

(ha) any offence under any of sections 15 to 21, 47 to 53, 57 to 59, 66, 67, 70 and 72 of the Sexual Offences Act 2003.

;

(b) in paragraph (i) for “(hh)” substitute “ (ha) ”.

Criminal Justice and Public Order Act 1994 (c. 33)

32

(1) The Criminal Justice and Public Order Act 1994 is amended as follows.

(2) In section 25 (no bail if previous conviction for certain offences), for subsection (2)(d) and (e) substitute—

(d) rape under the law of Scotland or Northern Ireland; (e) an offence under section 1 of the Sexual Offences Act 1956 (rape); (f) an offence under section 1 of the Sexual Offences Act 2003 (rape); (g) an offence under section 2 of that Act (assault by penetration); (h) an offence under section 4 of that Act (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section; (i) an offence under section 5 of that Act (rape of a child under 13); (j) an offence under section 6 of that Act (assault of a child under 13 by penetration); (k) an offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused; (l) an offence under section 30 of that Act (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section; (m) an offence under section 31 of that Act (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused; (n) an attempt to commit an offence within any of paragraphs (d) to (m).

(3) Omit sections 142 to 144.

(4) In Schedule 10 (consequential amendments) omit paragraphs 26 and 35(2) and (4).

Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

33

Criminal Injuries Compensation Act 1995 (c. 53)

34

In section 11 of the Criminal Injuries Compensation Act 1995 (approval by parliament of certain alterations to the Tariff or provisions of the Scheme)—

(a) in subsection (3)(d), after “rape” insert “ or an offence under section 30 of the Sexual Offences Act 2003 ”;

(b) after subsection (8) insert—

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