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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

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—

(9) In subsection (3) “rape”, in relation to anything done in England and Wales, means an offence under section 1 or 5 of the Sexual Offences Act 2003.

Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)

35

In the Schedule to the Sexual Offences (Conspiracy and Incitement) Act 1996 (sexual offences for the purposes of that Act), in paragraph 1—

(a) for sub-paragraph (1)(b) substitute—

(b) an offence under any of sections 1 to 12, 14 and 15 to 26 of the Sexual Offences Act 2003.

;

(b) in sub-paragraph (2), for “In sub-paragraph (1)(a), sub-paragraphs (i), (iv), (v) and (vi) do” substitute “ Sub-paragraph (1)(b) does ”.

Sexual Offences (Protected Material) Act 1997 (c. 39)

36

In the Schedule to the Sexual Offences (Protected Material) Act 1997 (sexual offences for the purposes of that Act)—

(a) after paragraph 5 insert—

(5A) Any offence under any provision of Part 1 of the Sexual Offences Act 2003 except section 64, 65, 69 or 71.

;

(b) in paragraph 6, for “1 to 5” substitute “ 5 and 5A ”.

Sex Offenders Act 1997 (c. 51)

37

The Sex Offenders Act 1997 ceases to have effect.

Crime and Disorder Act 1998 (c. 37)

38

(1) The Crime and Disorder Act 1998 is amended as follows.

(2) Omit sections 2, 2A, 2B and 3 (sex offender orders and interim orders).

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

(4) Omit section 20.

(5) In section 21 (procedural provisions with respect to orders)—

(a) omit subsection (2);

(b) in subsection (4)—

(i) omit “or (2)”; and

(ii) for “either of those subsections” substitute “ that subsection ”;

(d) in subsection (6), omit “and sex offender orders” and “or 20(4)(a)”;

(e) in subsection (7)(b)(i), omit “or, as the case may be, chief constable”;

(f) omit subsections (7A) and (7B); and

(g) in subsection (10), omit “or 20”.

(6) Omit section 21A.

(7) In section 22 (offences in connection with breach of orders), omit subsections (6) and (7).

(8) In Schedule 8 (minor and consequential amendments), omit paragraph 144.

Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))

39

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

Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20))

40

In the Criminal Justice (Northern Ireland) Order 1998, omit Articles 6, 6A, 6B and 7.

Youth Justice and Criminal Evidence Act 1999 (c. 23)

41

(1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2) In section 35 (cross examination of child witnesses), in subsection (3)(a), after sub-paragraph (v) insert

or (vi) Part 1 of the Sexual Offences Act 2003;

(3) In section 62 (meaning of “sexual offence” etc.), for subsection (1) substitute—

(1) In this Part “sexual offence” means any offence under Part 1 of the Sexual Offences Act 2003.

Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8))

42

(1) The Criminal Evidence (Northern Ireland) Order 1999 is amended as follows.

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

(3) In Article 23 (protection of child complainants and other child witnesses)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph (4)(a), after “(3)(a)” insert “ or (cc) ”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

43

(1) The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

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

(3) In section 109 (life sentence for second serious offence), in subsection (5), after paragraph (f) insert—

(fa) an offence under section 1 or 2 of the Sexual Offences Act 2003 (in this section, “the 2003 Act”) (rape, assault by penetration); (fb) an offence under section 4 of the 2003 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; (fc) an offence under section 5 or 6 of the 2003 Act (rape of a child under 13, assault of a child under 13 by penetration); (fd) an offence under section 8 of the 2003 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; (fe) an offence under section 30 of the 2003 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; (ff) an offence under section 31 of the 2003 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; (fg) an attempt to commit an offence within any of paragraphs (fa) to (ff);

(4) In section 161 (definition of “sexual offence” etc.), in subsection (2)—

(a) after paragraph (f) insert—

(fa) an offence under any provision of Part 1 of the Sexual Offences Act 2003 except section 52, 53 or 71;

;

(b) in paragraph (g), for “(a) to (f)” substitute “ (f) and (fa) ”.

(5) In Schedule 9 (consequential amendments), omit paragraphs 189, 190 and 193.

Criminal Justice and Courts Services Act 2000 (c. 43)

44

(1) The Criminal Justice and Courts Services Act 2000 is amended as follows.

(2) Omit sections 39 and 66.

(3) In section 68 (sexual and violent offenders for the purposes of risk assessment etc.), in subsection (2), for “Part I of the Sex Offenders Act 1997” substitute “ Part 2 of the Sexual Offences Act 2003 ”.

(4) In section 69 (duties of local probation boards in connection with victims of certain offences), in subsection (8)(b), for “Part I of the Sex Offenders Act 1997” substitute “ Part 2 of the Sexual Offences Act 2003 ”.

(5) In Schedule 4 (offences against children for the purposes of disqualification orders)—

(a) in paragraph 1, for sub-paragraph (m) substitute—

(m) an offence under any of sections 5 to 26 and 47 to 50 of the Sexual Offences Act 2003 (offences against children).

;

(b) in paragraph 2, for sub-paragraph (n) substitute—

(n) an offence under any of sections 1 to 4, 30 to 41, 52, 53, 57 to 61, 66 and 67 of the Sexual Offences Act 2003.

;

(sa) he commits an offence under section 62 or 63 of the Sexual Offences Act 2003 (committing an offence or trespassing with intent to commit a sexual offence) in a case where the intended offence was an offence against a child.

(6) Omit Schedule 5.

Sexual Offences (Amendment) Act 2000 (c. 44)

45

(1) The Sexual Offences (Amendment) Act 2000 is amended as follows.

(2) In section 1 (reduction in age at which certain sexual acts are lawful), omit subsections (1) and (2).

(3) In section 2 (defences available to persons under age), omit subsections (1) to (3).

(4) Omit sections 3 and 4 (abuse of position of trust) except so far as extending to Scotland.

(5) Omit section 5 (notification requirements for offenders under section 3).

(6) In section 6 (meaning of “sexual offence” for the purposes of certain enactments), omit subsection (1).

Proceeds of Crime Act 2002 (c. 29)

46

(1) The Proceeds of Crime Act 2002 is amended as follows.

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

(3) For paragraph 8 of that Schedule substitute—

(8) (1) An offence under section 33 or 34 of the Sexual Offences Act 1956 (keeping or letting premises for use as a brothel). (2) An offence under any of the following provisions of the Sexual Offences Act 2003— (a) section 14 (arranging or facilitating commission of a child sex offence); (b) section 48 (causing or inciting child prostitution or pornography); (c) section 49 (controlling a child prostitute or a child involved in pornography); (d) section 50 (arranging or facilitating child prostitution or pornography); (e) section 52 (causing or inciting prostitution for gain); (f) section 53 (controlling prostitution for gain).

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

(5) In paragraph 8 of that Schedule—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) omit sub-paragraphs (2) to (5).

Adoption and Children Act 2002 (c. 38)

47

In section 74 of the Adoption and Children Act 2002 (status conferred by adoption not to apply for the purposes of certain enactments), in subsection (1) for paragraphs (b) and (c) substitute

or (b) sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative).

Nationality, Asylum and Immigration Act 2002 (c. 41)

48

In the Nationality, Asylum and Immigration Act 2002, omit sections 145 and 146 (traffic in prostitution).

Criminal Justice (Scotland) Act 2003 (asp 7)

49

In section 21(9) of the Criminal Justice (Scotland) Act 2003 (power of adjournment where person convicted of sexual offence or offence disclosing significant sexual aspects to behaviour in committing it), for the words from “—(a) “three weeks”” to “each case” substitute “ “four weeks” there were ”.

Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003(S.I. 2003/417 (N.I. 4))

50

In paragraph 1 of Schedule 1 to the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003, after sub-paragraph (n) insert—

(o) any offence under any of sections 15 to 21 and 47 to 50 of the Sexual Offences Act 2003.

Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))

51

In Schedule 2 to the Access to Justice (Northern Ireland) Order 2003, in paragraph 2(d)—

(a) omit sub-paragraph (x),

(b) omit “or” at the end of sub-paragraph (xi),

or (xiii) under section 89, 90, 97, 100, 104, 108, 109, 114, 118, 123, 125 or 126 of the Sexual Offences Act 2003,

Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13))

52

In the Criminal Justice (Northern Ireland) Order 2003, omit—

(a) in Article 19(4), sub-paragraph (a) and

(b) in Schedule 1, paragraphs 1, 2, 20 and 21.

SCHEDULE 7

Rape

Sections 25 and 26: sexual relationships which pre-date family relationships

Sections 25 and 26: exception for spouses and civil partners

Criminal proceedings, investigations etc.

Review of the indefinite notification requirements: application to a sheriff

Offences relating to notification

51A

(1) It is an offence for a person in a street or public place to solicit another (B) for the purpose of obtaining B's sexual services as a prostitute.

(2) The reference to a person in a street or public place includes a person in a vehicle in a street or public place.

(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) In this section “street” has the meaning given by section 1(4) of the Street Offences Act 1959.

53A

(1) A person (A) commits an offence if—

(a) A makes or promises payment for the sexual services of a prostitute (B),

(b) a third person (C) has engaged in exploitative conduct of a kind likely to induce or encourage B to provide the sexual services for which A has made or promised payment, and

(2) The following are irrelevant—

(a) where in the world the sexual services are to be provided and whether those services are provided,

(b) whether A is, or ought to be, aware that C has engaged in exploitative conduct.

(3) C engages in exploitative conduct if—

(a) C uses force, threats (whether or not relating to violence) or any other form of coercion, or

(b) C practises any form of deception.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Review of indefinite notification requirements: date of discharge and further date of discharge

60A

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

60B

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

60C

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

Convictions, etc. in a country which is not a member of the Council of Europe

88A

(1) Sections 88B to 88H apply to—

(a) a person who, on or after 28th January 2011, becomes subject to the notification requirements of this Part for an indefinite period by virtue of section 80(1) or a notification order made under section 97(5); and

(b) a person who immediately before that date was subject to the notification requirements of this Part for an indefinite period by virtue of—

(i) section 80(1);

(ii) section 81(1); or

(iii) a notification order made under section 97(5).

(2) A person who falls within subsection (1)(a) or (b) is referred to in sections 88B to 88G as a “relevant sex offender”.

88B

(1) For the purposes of this Part, the date of discharge is—

(a) where the relevant sex offender was aged 18 or over on the relevant date, the date falling 15 years after that date;

(b) where the relevant sex offender was aged under 18 on the relevant date, the date falling 8 years after that date.

(2) In determining the date of discharge under subsection (1), there is to be disregarded any time when the relevant sex offender was—

(a) remanded in or committed to custody by order of a court;

(b) serving a sentence of imprisonment or a term of service detention;

(d) outside the United Kingdom,

before the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997 or section 83(1) of this Part.

(3) Subsection (4) applies where—

(a) the relevant sex offender is subject to the notification requirements of this Part;

(b) after the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997 or section 83(1) of this Part, the relevant sex offender was sentenced to a period of imprisonment or a term of service detention in respect of the offence (or offences) to which the notification requirements relate; and

(4) In determining the date of discharge under subsection (1), there is also to be disregarded any time when the relevant sex offender was serving a sentence of imprisonment or a term of service detention in respect of that offence (or those offences).

(5) Where a notification continuation order made under this Part has effect in respect of the relevant sex offender, for the purposes of this Part the further date of discharge is the date of expiry of the fixed period specified in that order.

(6) In this section and section 88D “relevant date”—

(a) in relation to a relevant sex offender who is subject to the notification requirements of this Part for an indefinite period by virtue of section 80(1) or 81(1), has the meaning applicable to that offender specified in section 82(6)(a) to (c);

(b) in relation to a relevant sex offender who is subject to the notification requirements of this Part for an indefinite period by virtue of a notification order made under section 97(5), has the meaning applicable to that offender specified in section 98(2).

88C

(1) The relevant chief constable must no later than the date of discharge—

(a) make a notification continuation order in respect of the relevant sex offender; or

(b) notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the date of discharge.

(2) A notification continuation order is an order making the relevant sex offender subject to the notification requirements of this Part for a fixed period of not more than 15 years from the date which would, but for the order, have been the date of discharge.

(3) The relevant chief constable may make a notification continuation order only if satisfied, on the balance of probabilities, that the relevant sex offender poses a risk of sexual harm to the public, or any particular members of the public, in the United Kingdom.

(4) In deciding whether to make a notification continuation order, the relevant chief constable must take into account—

(a) the seriousness of the offence (or offences)—

(i) of which the relevant sex offender was convicted;

(ii) of which the relevant sex offender was found not guilty by reason of insanity;

(iii) in respect of which the relevant sex offender was found to be under a disability and to have done the act charged; or

(iv) in respect of which the relevant sex offender was cautioned in England and Wales or Northern Ireland,

which made the relevant sex offender subject to the notification requirements of this Part for an indefinite period;

(b) the period of time which has elapsed since the relevant sex offender committed the offence (or offences);

(c) where the relevant sex offender falls within section 88A(1)(b)(ii), whether the relevant sex offender committed any offence under section 3 of the Sex Offenders Act 1997;

(d) whether the relevant sex offender has committed any offence under section 91 of this Act;

(e) the age of the relevant sex offender at the time of the decision;

(f) the age of the relevant sex offender at the time the offence (or offences) referred to in paragraph (a) was (or were) committed;

(g) the age of any person who was a victim of any such offence (where applicable) and the difference in age between the victim and the relevant sex offender at the time the offence was committed;

(h) any convictions or findings made by a court in respect of the relevant sex offender for any other offence listed in Schedule 3;

(i) any caution which the relevant sex offender has received for an offence in England and Wales or Northern Ireland which is listed in Schedule 3;

(j) whether any criminal proceedings for any offences listed in Schedule 3 have been instituted against the relevant sex offender but have not concluded;

(k) any assessment of the risk posed by the relevant sex offender which has been made by the responsible authorities under the joint arrangements for managing and assessing risk established under section 10 of the Management of Offenders etc. (Scotland) Act 2005;

(l) any other submission or evidence of the risk of sexual harm posed by the relevant sex offender to the public, or any particular members of the public, in the United Kingdom;

(m) any submission or evidence presented by or on behalf of the relevant sex offender which demonstrates that the relevant sex offender does not pose a risk of sexual harm to the public, or any particular members of the public, in the United Kingdom; and

(n) any other matter which the relevant chief constable considers to be appropriate.

(5) A notification continuation order must state—

(a) the reasons why the order was made; and

(b) the reasons for the determination of the fixed period in the order.

(6) A notification continuation order must be notified to the relevant sex offender by—

(a) the relevant chief constable sending a copy of the order to the relevant sex offender by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or

(b) a constable serving a copy of the order on the relevant sex offender.

(7) In this section—

“sexual harm” means physical or psychological harm caused by the relevant sex offender doing anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom; and

“responsible authorities” has the meaning given by section 10(7) of the Management of Offenders etc. (Scotland) Act 2005.

(8) In this section and sections 88D to 88G, “relevant chief constable” means the chief constable of the Police Service of Scotland.

88D

(1) This section applies to a case where—

(a) the conditions in subsection (2) are satisfied in relation to a relevant sex offender falling within section 88A(1)(b)(ii); and

(b) the relevant chief constable was, under this section as it had effect before the coming into force of the Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011, under the duty in subsection (4).

(2) The conditions referred to in subsection (1)(a) are that the person—

(a) was aged under 18 on the relevant date; and

(b) after disregarding any time referred to in subsection (3), had been subject to the notification requirements of Part 1 of the Sex Offenders Act 1997 and this Part for a total period of at least 8 years on 25th October 2010.

(3) That time is any time during which the relevant sex offender was—

(a) remanded in or committed to custody by order of the court;

(b) serving a sentence of imprisonment or a term of service detention;

(d) outside the United Kingdom,

before the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997.

(4) The duty referred to in subsection (1)(b) is a duty, no later than the applicable date, to—

(a) make a notification continuation order in respect of the relevant sex offender; or

(b) notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the applicable date.

(5) In this section the “applicable date” is 25th January 2011.

88E

(1) Where a notification continuation order has been made, the relevant chief constable must no later than the further date of discharge—

(a) make another notification continuation order in respect of the relevant sex offender; or

(b) notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the further date of discharge.

(2) Section 88C(2) to (8) applies in relation to this section, but a reference to the date of discharge is to be read as a reference to the further date of discharge.

88F

(1) Where a relevant chief constable fails to comply with section 88C(1), 88D(3) or 88E(1), the relevant sex offender may make an application to a sheriff for an order that the offender is no longer subject to the notification requirements of this Part.

(2) An application under subsection (1) is to be made by summary application to the sheriff in whose sheriffdom the relevant sex offender resides.

(3) On an application under subsection (1), the sheriff may—

(a) make the order sought in the application; or

(b) make a notification continuation order in respect of the relevant sex offender.

(4) Section 88C(2) to (5) and (7) applies in relation to the making of a notification continuation order under this section, but—

(a) a reference to the relevant chief constable is to be read as a reference to the sheriff;

(b) if an application under subsection (1) is made in relation to the failure of the relevant chief constable to comply with section 88D(3), the reference to the date of discharge in section 88C(2) is to be read as a reference to the applicable date; and

(c) if an application under subsection (1) is made in relation to the failure of the relevant chief constable to comply with section 88E(1), the reference to the date of discharge in section 88C(2) is to be read as a reference to the further date of discharge.

(5) The relevant chief constable and the relevant sex offender may appear or be represented at any hearing in respect of the application.

(6) Where an application under subsection (1) is determined, the sheriff clerk must send a copy of the interlocutor, and where made a copy of the notification continuation order, to the relevant sex offender and the relevant chief constable.

(7) The copy of the interlocutor, and where made the copy of the notification continuation order, is sent in accordance with subsection (6) if—

(a) sent by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or

(b) personally served on the relevant sex offender and the relevant chief constable.

(8) The relevant sex offender remains subject to the notification requirements of this Part until the matter is finally determined as mentioned in section 88G(10).

88G

(1) The decision of the relevant chief constable—

(a) to make a notification continuation order; and

(b) setting the fixed period of the notification continuation order,

may be appealed by the relevant sex offender within 21 days after the date specified in subsection (3).

(2) An appeal under subsection (1) is to be made by summary application to the sheriff in whose sheriffdom the relevant sex offender resides.

(3) The date is—

(a) where the appeal is brought against the decision of the relevant chief constable made under section 88C(1), the date of discharge;

(b) where the appeal is brought against the decision of the relevant chief constable made under section 88D(1), the applicable date; or

(c) where the appeal is brought against the decision of the relevant chief constable made under section 88E(1), the further date of discharge.

(4) The decision of a sheriff—

(a) on an application made under section 88F(1);

(b) on appeal made under subsection (1); and

may be appealed by the relevant sex offender or the relevant chief constable to the sheriff principal within 21 days of the date of that decision.

(5) On an appeal under this section, the sheriff or the sheriff principal may—

(a) uphold or quash the decision of the relevant chief constable or, as the case may be, the sheriff;

(b) make a notification continuation order; or

(6) Section 88C(3) to (5) apply in relation to the making of a notification continuation order under this section but a reference to the relevant chief constable is to be read as a reference to the sheriff or, as the case may be, sheriff principal.

(7) Where an appeal under this section is finally determined, the sheriff clerk must send a copy of the interlocutor, and where made a copy of the notification continuation order, to the relevant sex offender and the relevant chief constable.

(8) The copy of the interlocutor, and where made the copy of the notification continuation order, shall be sent in accordance with subsection (7) if—

(a) sent by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or

(b) personally served on the relevant sex offender and relevant chief constable.

(9) The relevant sex offender remains subject to the existing notification requirements of this Part until the matter is finally determined as mentioned in subsection (10).

(10) The matter is finally determined—

(a) where it is decided that a relevant sex offender should cease to be subject to the notification requirements of this Part, or the decision to make a notification continuation order is quashed, on the expiry of the period of 21 days referred to in subsection (4) without an appeal being taken;

(b) where a notification continuation order is made, or a decision to make such an order is upheld on appeal, on the expiry of the period of 21 days referred to in subsection (1) or (4) without an appeal being taken; or

(i) on the disposal of the appeal; or

(ii) on its being abandoned.

88H

The Secretary of State may by order amend—the periods specified in sections 88B(1)(a) and (b); andthe fixed period specified in section 88C(2).

88I

(1) A relevant offender who is, under the relevant legislation, discharged from the notification requirements of this Part by a court, person or body in England and Wales or Northern Ireland is, by virtue of the discharge, also discharged from the notification requirements of this Part as it applies to Scotland.

(2) In subsection (1) “relevant legislation” means legislation which makes provision equivalent to that made by sections 88A to 88H and this section for a relevant offender who is subject to the notification requirements of this Part as it applies to England and Wales or, as the case may be, Northern Ireland for an indefinite period to be discharged from those notification requirements.

Offences outside the United Kingdom: notification requirements

SOPOs: variations, renewals and discharges

96A

(1) This section applies to a person (“P”) if the following 3 conditions are met with respect to P.

(2) The first condition is that under the law in force in a country outside the United Kingdom—

(a) P has been convicted of a relevant offence (whether or not P has been punished for it),

(b) a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that P is not guilty by reason of insanity,

(c) such a court has made in respect of a relevant offence a finding equivalent to a finding that P is under a disability and did the act charged against P in respect of the offence, or

(d) P has been cautioned in respect of a relevant offence.

(3) The second condition is that—

(a) the first condition is met because of a conviction, finding or caution which occurred on or after 1st September 1997,

(b) the first condition is met because of a conviction or finding which occurred before that date, but P was dealt with in respect of the offence or finding on or after that date, or has yet to be dealt with in respect of it, or

(c) the first condition is met because of a conviction or finding which occurred before that date, but on that date P was, in respect of the offence or finding, subject under the law in force in the country concerned to detention, supervision or any other disposal equivalent to any of those mentioned in section 81(3) (read with sections 81(6) and 131).

(4) The third condition is that the period set out in section 82 (as modified by subsections (6) and (7) below) in respect of the relevant offence has not expired.

(5) Where this section applies to P, P is subject to the notification requirements of this Part for the notification period set out in section 82; but the application of this Part to P in respect of the conviction, finding or caution is subject—

(a) in all cases, to the modifications set out below; and

(b) in a case where the first condition mentioned in subsection (2) is met by reason of a conviction, finding or caution in a country which is not a member of the Council of Europe, to the further provisions in section 96AA.

(6) The “relevant date” means—

(a) in the case where P is within subsection (2)(a), the date of the conviction;

(b) in the case where P is within subsection (2)(b) or (c), the date of the finding;

(7) In section 82—

(a) references, except in the Table, to a person (or relevant offender) within any provision of section 80 are to be read as references to P;

(b) the reference in the Table to section 80(1)(d) is to be read as a reference to subsection (2)(d);

(c) references to an order of any description are to be read as references to any corresponding disposal made in relation to P in respect of an offence or finding by reference to which this section applies to P;

(d) the reference to offences listed in Schedule 3 is to be read as a reference to relevant offences.

(8) In sections 83 and 85 references to the commencement of this Part are to be read as references to the commencement of section 4 of the Criminal Justice Act (Northern Ireland) 2013.

(9) Section 83 has effect as if after subsection (1) there were inserted—

(1A) In the case of a person who is not ordinarily resident in Northern Ireland, in calculating the period of 3 days mentioned in subsection (1) there is to be disregarded a period of 7 days (or two or more periods in any period of 12 months taken together which amount to 7 days) after that person's entry into Northern Ireland.

(10) Section 83(4) has effect as if—

(a) for the words “Where a notification order is made” there were substituted “ Where a relevant offender is subject to the notification requirements of this Part by virtue of section 96A ”; and

(b) in paragraph (a) for the words “the order was made” there were substituted “ he became a person to whom section 96A applies ”.

(11) In this section “relevant offence” means an act which—

(a) constituted an offence under the law in force in the country concerned, and

(b) would have constituted an offence listed in Schedule 3 (other than at paragraph 60) if it had been done in any part of the United Kingdom;

and for the purposes of this subsection an act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law however it is described in that law.

Entry and search of home address

96B

(1) If on an application made by a senior police officer of the relevant force a justice of the peace is satisfied that the requirements in subsection (2) are met in relation to any premises, he may issue a warrant authorising a constable of that force—

(a) to enter the premises for the purpose of assessing the risks posed by the relevant offender to which the warrant relates; and

(b) to search the premises for that purpose.

(2) The requirements are—

(a) that the address of each set of premises specified in the application is an address falling within subsection (3);

(b) that the relevant offender is not one to whom subsection (4) applies;

(c) that it is necessary for a constable to enter and search the premises for the purpose mentioned in subsection (1)(a); and

(d) that on at least two occasions a constable has sought entry to the premises in order to search them for that purpose and has been unable to obtain entry for that purpose.

(3) An address falls within this subsection if—

(a) it is the address which was last notified in accordance with this Part by a relevant offender to the police as his home address; or

(b) there are reasonable grounds to believe that a relevant offender resides there or may regularly be found there.

(4) This subsection applies to a relevant offender if he is—

(a) remanded in or committed to custody by order of a court;

(b) serving a sentence of imprisonment or a term of service detention;

(d) outside the United Kingdom.

(5) A warrant issued under this section must specify the one or more sets of premises to which it relates.

(6) The warrant may authorise the constable executing it to use reasonable force if necessary to enter and search the premises.

(7) The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose mentioned in subsection (1)(a).

(8) Where a warrant issued under this section authorises multiple entries, the number of entries authorised may be unlimited or limited to a maximum.

(9) In this section a reference to the relevant offender to whom the warrant relates is a reference to the relevant offender—

(a) who has in accordance with this Part notified the police that the premises specified in the warrant are his home address; or

(b) in respect of whom there are reasonable grounds to believe that he resides there or may regularly be found there.

(10) In this section—

“the relevant force” means the police force maintained for the police area in which the premises in respect of which the application is made or the warrant is issued are situated;

“senior police officer” means a constable of the rank of superintendent or above.

111A

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SOPO and interim SOPO requirements: Scotland

117A

(1) This section applies in relation to a foreign travel order which contains a prohibition within section 117(2)(c).

(2) The order must require the defendant to surrender all of the defendant's passports, at a police station in Northern Ireland specified in the order—

(a) on or before the date when the prohibition takes effect, or

(b) within a period specified in the order.

(3) Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a foreign travel order containing a prohibition within section 117(2)(c) (unless the person is subject to an equivalent prohibition under another order).

(4) Subsection (3) does not apply in relation to—

(a) a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;

(b) a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.

(5) In this section “passport” means—

(a) a United Kingdom passport within the meaning of the Immigration Act 1971;

(b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;

117B

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