Sexual Offences Act 2003

Police powers of entry to and examination of relevant offender's home address

132A

Section 127 of the Magistrates' Courts Act 1980 (time limits) does not apply to a complaint under any provision of this Part.

Surrender of passports: Northern Ireland

Disapplication of time limit for complaints

Part 2A — Closure orders

Basic definitions

Part 2: Northern Ireland

136A

• (1) This section applies for the purposes of this Part.

• (2) The specified prostitution offences are—

• (a) an offence under ... Article 37 of the Sexual Offences (Northern Ireland) Order 2008 (“the Northern Ireland Order”);

• (aa) an offence under section 48 of this Act committed by causing or inciting a child to be sexually exploited within the meaning given by section 51(2)(a);

• (b) an offence under Article 38 of the Northern Ireland Order committed by causing or inciting a child to become a prostitute;

• (ba) an offence under section 49 of this Act committed by controlling the activities of a child in relation to sexual exploitation within the meaning given by section 51(2)(a);

• (c) an offence under Article 39 of the Northern Ireland Order committed by controlling the activities of a child relating to the child's prostitution;

• (ca) an offence under section 50 of this Act committed by arranging or facilitating the sexual exploitation, within the meaning given by section 51(2)(a), of a child;

• (d) an offence under Article 40 of the Northern Ireland Order committed by arranging or facilitating a child's prostitution;

• (e) an offence under section 52 of this Act or Article 62 of the Northern Ireland Order;

• (f) an offence under section 53 of this Act or Article 63 of the Northern Ireland Order.

• (3) The specified pornography offences are—

• (za) an offence under section 48 of this Act committed by causing or inciting a child to be sexually exploited within the meaning given by section 51(2)(b);

• (a) an offence under Article 38 of the Northern Ireland Order committed by causing or inciting a child to be involved in pornography;

• (aa) an offence under section 49 of this Act committed by controlling the activities of a child in relation to sexual exploitation within the meaning given by section 51(2)(b);

• (b) an offence under Article 39 of the Northern Ireland Order committed by controlling the activities of a child relating to the child's involvement in pornography;

• (ba) an offence under section 50 of this Act committed by arranging or facilitating the sexual exploitation, within the meaning given by section 51(2)(b), of a child;

• (c) an offence under Article 40 of the Northern Ireland Order committed by arranging or facilitating a child's involvement in pornography.

• (3A) The specified child sex offences are—

• (a) an offence under any of the following sections of this Act—

• sections 5 to 13;

• sections 16 to 19;

• sections 25 and 26;

• sections 47 to 50;

• (b) an offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children);

• (c) an offence under any of the following sections of this Act committed against a person under 18—

• sections 1 to 4;

• sections 30 to 41;

• section 59A;

• section 61;

• sections 66 and 67.

• (d) an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed against a person under 18 with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).

• (4) Premises are being used for activities related to a specified prostitution offence—

• (a) in the case of an offence under ... Article 37 of the Northern Ireland Order, at any time when the sexual services mentioned in ... paragraph (1)(a) of that Article are being provided on the premises, and

• (b) in the case of any other specified prostitution offence, at any time when the person in respect of whom the offence is committed is providing sexual services as a prostitute on the premises.

• (5) Premises are being used for activities related to a specified pornography offence at any time when the person in respect of whom the offence is committed is doing anything on the premises which enables an indecent image of himself or herself to be recorded.

• (5A) Premises are being used for activities related to a specified child sex offence at any time when the premises are used—

• (a) to commit the offence, or

• (b) for activities intended to arrange or facilitate the commission of the offence.

• (6) Any reference to an offence under this Act includes a reference to—

• (a) an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 of which the corresponding civil offence (within the meaning of the Act in question) is such an offence;

• (b) 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 such an offence.

Closure notices

136B

• (1) A member of a police force not below the rank of superintendent (“the authorising officer”) may authorise the issue of a closure notice in respect of any premises if three conditions are met.

• (2) The first condition is that the officer has reasonable grounds for believing that either subsection (3) or (4) (or both) applies.

• (3) This subsection applies if, during the relevant period, the premises were used for activities related to one or more specified prostitution offences.

But this subsection does not apply if only one person obtained all of the sexual services in question (whether or not on a single occasion).

• (4) This subsection applies if, during the relevant period, the premises were used for activities related to one or more specified pornography offences.

• (5) In subsections (3) and (4), “the relevant period” means the period of 3 months ending with the day on which the officer is considering whether to authorise the issue of the notice.

• (6) The second condition is that the officer has reasonable grounds for believing that the making of a closure order under section 136D is necessary to prevent the premises being used for activities related to one or more specified prostitution or pornography offences.

• (7) The third condition is that the officer is satisfied—

• (a) that the local authority for the area in which the premises are situated has been consulted, and

• (b) that reasonable steps have been taken to establish the identity of any person who resides on the premises or who has control of or responsibility for or an interest in the premises.

• (8) For the purposes of the second condition, it does not matter whether the officer believes that the offence or offences in question have been committed or that they will be committed (or will be committed unless a closure order is made).

• (9) An authorisation under subsection (1) may be given orally or in writing, but if it is given orally the authorising officer must confirm it in writing as soon as it is practicable.

• (10) The issue of a closure notice may be authorised whether or not a person has been convicted of any specified prostitution or pornography offence that the authorising officer believes has been committed.

• (11) The Secretary of State may by regulations specify premises or descriptions of premises to which this section does not apply.

Interpretation: mentally disordered offenders

136C

• (1) A closure notice must—

• (a) state that no-one other than a person who regularly resides on, or owns, the premises may enter or remain on them,

• (b) state that failure to comply with the notice amounts to an offence,

• (c) specify the offence or offences in respect of which the authorising officer considers that the first and second conditions in section 136B or 136BA are met,

• (d) state that an application will be made under section 136D for the closure of the premises,

• (e) specify the date and time when, and the place at which, that application will be heard, and

• (f) explain the effects of an order under section 136D.

• (2) A closure notice must be served by a constable.

• (3) Service is effected by—

• (a) fixing a copy of the notice to at least one prominent place on the premises,

• (b) fixing a copy of the notice to each normal means of access to the premises,

• (c) fixing a copy of the notice to any outbuildings which appear to the constable to be used with or as part of the premises, and

• (d) giving a copy of the notice to the persons identified in pursuance of section 136B(7)(b) or 136BA(6)(b) and to any other person appearing to the constable to be a person of a description mentioned in that provision.

• (4) A constable must also serve a copy of the notice on any person who occupies any other part of a building or other structure in which the premises are situated if, at the time of acting under subsection (3), the constable reasonably believes that the person's access to the other part of the building or structure will be impeded if a closure order is made.

• (5) Subsection (3)(d) or (4) does not require a constable to serve a copy of the notice on a person if it is not reasonably practicable to do so.

• (6) A constable acting under subsection (3) may enter any premises, using reasonable force if necessary, for the purpose of complying with subsection (3)(a) to (c).

• (7) A closure notice has effect until an application for a closure order is determined under section 136D.

• (8) But, if the hearing of an application for a closure order is adjourned, the closure notice ceases to have effect unless the court makes an order under section 136E(2).

Closure orders

136D

• (1) If a closure notice has been issued, a constable must apply under this section to a magistrates' court for a closure order.

• (2) A closure order is an order that the premises in respect of which the order is made are closed to all persons for such period not exceeding 3 months as is specified in the order.

• (3) The application must be heard by the magistrates' court not later than 48 hours after the notice was served in pursuance of section 136C(3)(a).

• (4) The magistrates' court may make a closure order if three conditions are met.

• (5) The first condition is that the court is satisfied that at least one of subsections (6), (7) and (7A) applies.

• (6) This subsection applies if, during the relevant period, the premises were used for activities related to one or more specified prostitution offences.

But this subsection does not apply if only one person obtained all of the sexual services in question (whether or not on a single occasion).

• (7) This subsection applies if, during the relevant period, the premises were used for activities related to one or more specified pornography offences.

• (7A) This subsection applies if—

• (a) during the relevant period, the premises were used for activities related to one or more specified child sex offences, or

• (b) the premises are likely to be used (unless a closure order is made) for activities related to one or more specified child sex offences.

• (8) In subsections (6), (7) and (7A)(a), “the relevant period” means the period of 3 months ending with the day on which the issue of the closure notice was authorised.

• (9) The second condition is that the court is satisfied that the making of the closure order is necessary to prevent the premises being used for activities related to one or more specified prostitution, pornography or child sex offences during the period to be specified in the order.

• (10) The third condition is that the court is satisfied that—

• (a) before the issue of the closure notice was authorised, reasonable steps were taken to establish the identity of any person of a description mentioned in section 136B(7)(b) or 136BA(6)(b), and

• (b) a constable complied with section 136C(3)(d) in relation to the persons so identified.

• (11) For the purposes of the second condition, it does not matter whether the court is satisfied that the offence or offences in question have been committed or that they will be committed (or will be committed unless a closure order is made).

• (12) A closure order may be made whether or not a person has been convicted of any specified prostitution, pornography or child sex offences that the court is satisfied has been committed.

Order ceases to have effect when new order made

136E

• (1) The magistrates' court may adjourn the hearing of an application for a closure order for a period of not more than 14 days to enable any of the following to show why a closure order should not be made—

• (a) an occupier of the premises;

• (b) a person who has control of or responsibility for the premises;

• (c) any other person with an interest in the premises.

• (2) If the court adjourns the hearing, it may order that the closure notice continues in effect until the end of the period of the adjournment.

• (3) A closure order may include such provision as the court thinks appropriate relating to access to any other part of a building or other structure in which the premises are situated.

• (4) A closure order may be made in respect of the whole or any part of the premises in respect of which the closure notice was issued.

Enforcement

136F

• (1) This section applies if a closure order is made.

• (2) A constable or an authorised person may—

• (a) enter the premises in respect of which the order is made;

• (b) do anything reasonably necessary to secure the premises against entry by any person.

• (3) A constable or an authorised person seeking to enter premises for the purposes of subsection (2) must, if required to do so by or on behalf of the owner, occupier or other person in charge of the premises, produce evidence of the constable's or (as the case may be) the authorised person's identity and authority before entering the premises.

• (4) A constable or an authorised person may also enter the premises at any time while the order has effect for the purpose of carrying out essential maintenance of, or repairs to, the premises.

• (5) A constable or an authorised person acting under subsection (2) or (4) may use reasonable force.

• (6) In this section “authorised person”—

• (a) in the application of this section to England and Wales, means a person authorised by the chief officer of police for the area in which the premises are situated;

• (b) in the application of this section to Northern Ireland, means a person authorised by the Chief Constable of the Police Service of Northern Ireland.

136G

• (1) A person who remains on or enters premises in contravention of a closure notice commits an offence.

• (2) A person who remains on or enters premises in contravention of a closure order commits an offence.

• (3) A person does not commit an offence under subsection (1) or (2) if the person has a reasonable excuse for remaining on or entering the premises.

• (4) A person who obstructs a constable or an authorised person acting under section 136C(3) or (4) or 136F(2) or (4) commits an offence.

• (5) A person guilty of an offence under this section is liable on summary conviction—

• (a) to imprisonment for a period not exceeding 51 weeks, or

• (b) to a fine not exceeding level 5 on the standard scale,

or to both.

• (6) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection

• (7) In the application of this section to Northern Ireland—

• (a) the reference in subsection (5)(a) to 51 weeks is to be read as a reference to 6 months, and

• (b) subsection (6) is omitted.

• (8) In this section “authorised person” has the same meaning as in section 136F.

Extension and discharge of closure orders

136H

• (1) At any time before the end of the period for which a closure order is made or extended a constable may make a complaint to the appropriate judicial officer for an extension or further extension of the period for which it has effect.

• (2) A complaint may not be made under subsection (1) unless it is authorised by a member of a police force not below the rank of superintendent.

• (3) Authorisation may be given under subsection (2) if two conditions are met.

• (4) The first condition is that the officer has reasonable grounds for believing that it is necessary to extend the period for which the order has effect to prevent the premises being used for activities related to any of the specified prostitution, pornography or child sex offences in respect of which section 136D(9) applied.

• (5) The second condition is that the officer is satisfied that the local authority has been consulted about the intention to make a complaint.

• (6) If a complaint is made under subsection (1) the appropriate judicial officer may issue a summons directed to—

• (a) any person on whom the closure notice relating to the closed premises was served under section 136C(3)(d) or (4), or

• (b) any other person who appears to the judicial officer to have an interest in the closed premises but on whom the closure notice was not served,

requiring such person to appear before the magistrates' court to answer to the complaint.

• (7) If a summons is issued in accordance with subsection (6), a notice stating the date and time when, and the place at which, the complaint will be heard must be served on—

• (a) the persons to whom the summons is directed,

• (b) such constable as the judicial officer thinks appropriate (unless the complainant is a constable), and

• (c) the local authority.

• (8) In this section “the appropriate judicial officer” means—

• (a) in the application of this section to England and Wales, a justice of the peace;

• (b) in the application of this section to Northern Ireland, a lay magistrate.

136I

• (1) This section applies where a complaint is made under section 136H.

• (2) The court may make an order extending the period for which the closure order has effect by a period specified in the order if the court is satisfied that the extension is necessary to prevent the premises being used for activities related to any of the specified prostitution, pornography or child sex offences in respect of which section 136D(9) applied.

• (3) The period specified in the order may not exceed 3 months.

• (4) The total period for which a closure order has effect may not exceed 6 months.

• (5) An order under this section may include such provision as the court thinks appropriate relating to access to any other part of a building or other structure in which the premises are situated.

136J

• (1) Any of the following persons may make a complaint to an appropriate judicial officer for an order that a closure order be discharged—

• (a) a constable;

• (b) the local authority;

• (c) a person on whom the closure notice relating to the closed premises was served under section 136C(3)(d) or (4);

• (d) any other person who has an interest in the closed premises but on whom the closure notice was not served.

• (2) If a complaint is made under subsection (1) by a person other than a constable the judicial officer may issue a summons directed to such constable as the judicial officer thinks appropriate requiring the constable to appear before the magistrates' court to answer to the complaint.

• (3) The court may not make an order discharging a closure order unless it is satisfied that the order is no longer necessary to prevent the premises being used for activities related to any of the specified prostitution, pornography or child sex offences in respect of which section 136D(9) applied.

• (4) If a complaint is made under subsection (1), a notice stating the date and time when, and the place at which, the complaint will be heard must be served on—

• (a) the persons mentioned in subsection (1)(c) and (d) (other than the complainant),

• (b) a constable (unless a constable is the complainant), and

• (c) the local authority (unless it is the complainant).

• (5) In this section “appropriate judicial authority” has the same meaning as in section 136H.

Appeals against closure orders etc.

Power to authorise issue of closure notice: child sex offences in England and Wales

136K

• (1) An appeal against an order under section 136D or 136I, or an appeal against a decision not to be make an order under section 136J, may be made to the appropriate appeal court by—

• (a) a person on whom the closure notice relating to the closed premises was served under section 136C(3)(d), or

• (b) any other person who has an interest in the closed premises but on whom the closure notice was not served.

• (2) An appeal against a decision of a court not to make an order under section 136D or 136I, or an appeal against an order under section 136J, may be made to the appropriate appeal court by—

• (a) a constable, or

• (b) the local authority.

• (3) An appeal under subsection (1) or (2) must be made before the end of the period of 21 days beginning with the day on which the order or decision is made.

• (4) On an appeal under this section the court may make such order as it thinks appropriate.

• (5) In this section “the appropriate appeal court” means—

• (a) in the application of this section to England and Wales, the Crown Court;

• (b) in the application of this section to Northern Ireland, a county court.

Access to other premises

136L

• (1) This section applies to any person who occupies or has an interest in any part of a building or other structure—

• (a) in which closed premises are situated, and

• (b) in respect of which the closure order does not have effect.

• (2) A person to whom this section applies may at any time while a closure order has effect apply to—

• (a) the magistrates' court in respect of an order made under section 136D or 136I, or

• (b) the appropriate appeal court in respect of an order made by that court under section 136K.

• (3) If an application is made under this section notice of the date and time when, and the place at which, the hearing to consider the application will take place must be given to—

• (a) a constable,

• (b) the local authority.

• (c) each person on whom the closure notice relating to the closed premises was served under section 136C(3)(d) or (4), and

• (d) any other person who appears to the court to have an interest in the closed premises but on whom the closure notice was not served.

• (4) On an application under this section the court may make such order as it thinks appropriate in relation to access to any other part of a building or other structure in which the closed premises are situated.

• (5) It is immaterial whether any provision has been made as mentioned in section 136E(3) or 136I(5).

• (6) In this section “appropriate appeal court” has the same meaning as in section 136K.

Reimbursement of costs, compensation etc.

136M

• (1) A local policing body or a local authority which incurs expenditure for the purpose of clearing, securing, repairing or maintaining closed premises may apply to the court which made the closure order for an order under this section.

• (2) On an application under this section, the court may make such order as it thinks appropriate in the circumstances for the reimbursement (in full or in part) by the owner of the premises of the expenditure mentioned in subsection (1).

• (3) An application under this section must not be entertained unless it is made before the end of the period of three months beginning with the day the closure order ceases to have effect.

• (4) An application under this section must be served on—

• (a) the local policing body for the area in which the premises are situated, if the application is made by the local authority,

• (b) the local authority, if the application is made by a local policing body , and

• (c) the owner of the premises.

• (5) In the application of this section to Northern Ireland references to the local policing body are to be read as references to the Northern Ireland Policing Board.

136N

• (1) A constable is not liable for relevant damages in respect of anything done or omitted to be done by the constable in the performance or purported performance of the constable's functions under this Part.

• (2) A chief officer of police who has direction or control of a constable is not liable for relevant damages in respect of anything done or omitted to be done by the constable in the performance or purported performance of the constable's functions under this Part.

• (3) An authorised person is not liable for relevant damages in respect of anything done or omitted to be done by the authorised person in the performance or purported performance of the authorised person's functions under this Part.

• (4) No person is vicariously liable for anything done or omitted to be done by an authorised person as mentioned in subsection (3).

• (5) Subsections (1) to (4) do not apply—

• (a) if the act or omission is shown to have been in bad faith;

• (b) so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998.

• (6) This section does not affect any other exemption from liability for damages (whether at common law or otherwise).

• (7) In this section—

• (a) “authorised person” has the same meaning as in section 136F;

• (b) “relevant damages” means damages in proceedings for judicial review or for the tort of negligence or misfeasance in public office.

• (8) In the application of this section to Northern Ireland, the reference in subsection (2) to the chief officer of police is to be read as a reference to the Chief Constable of the Police Service of Northern Ireland.

136O

• (1) A person who claims to have incurred financial loss in consequence of a closure notice or closure order may apply for compensation.

• (2) The application must be made—

• (a) to the appropriate appeal court, if the closure order was made or extended by an order of that court on an appeal under section 136K;

• (b) in any other case, to the magistrates' court which considered the application for a closure order.

• (3) In a case where a closure notice is issued but a closure order is not made, the application must not be entertained unless it is made before the end of the period of three months beginning with—

• (a) the day the magistrates' court decides not to make a closure order, or

• (b) if there is an appeal against that decision, the day the appropriate appeal court dismisses that appeal.

• (4) In a case where a closure order is made, the application must not be entertained unless it is made before the end of the period of three months beginning with the day the closure order ceases to have effect.

• (5) The court which hears the application may order the payment of compensation out of central funds if it is satisfied—

• (a) that the person was not associated with the use of the premises for the activities in relation to which the first condition in section 136B or 136BA was met,

• (b) if the person is the owner or occupier of the premises, that the person took reasonable steps to prevent that use,

• (c) that the person has incurred financial loss as mentioned in subsection (1), and

• (d) having regard to all the circumstances it is appropriate to order payment of compensation in respect of that loss.

• (6) In this section—

• (a) “appropriate appeal court” has the same meaning as in section 136K;

• (b) “central funds” has the same meaning as in enactments providing for the payment of costs.

• (7) In the application of this section to Northern Ireland—

• (a) the reference in subsection (5) to “central funds” is to be read as a reference to monies provided by Parliament, and

• (b) subsection (6)(b) is omitted.

General

136P

• (1) The Secretary of State may issue guidance relating to the discharge of any functions under or for the purposes of this Part by a constable or by an authorised person (within the meaning of section 136F).

• (2) A person discharging a function to which guidance under this section relates must have regard to the guidance in discharging the function.

136Q

• (1) The Secretary of State may by order amend this Part so as to extend the power to authorise the issue of a closure notice to persons other than members of police forces.

• (2) An order under subsection (1) may make such further amendments of this Part as the Secretary of State thinks appropriate in consequence of the extension of that power to persons other than members of police forces.

136R

• (1) This section applies for the purposes of this Part.

• (2) “A closure notice” means a notice issued under section 136B or 136BA.

• (3) “A closure order” means—

• (a) an order made under section 136D;

• (b) an order extended under section 136I;

• (c) an order made or extended under section 136K which has the like effect as an order made or extended under section 136D or 136I (as the case may be).

• (4) “Closed premises” means premises in respect of which a closure order has effect.

• (5) “Local authority”, in relation to England, means—

• (a) a district council;

• (b) a London borough council;

• (c) a county council for an area for which there is no district council;

• (d) the Common Council of the City of London in its capacity as a local authority;

• (e) the Council of the Isles of Scilly.

• (6) “Local authority”, in relation to Wales, means—

• (a) a county council;

• (b) a county borough council.

• (7) “Local authority”, in relation to Northern Ireland, means a district council.

• (8) In the application of this Part to England and Wales, references to the local authority in relation to—

• (a) any premises,

• (b) a closure notice relating to any premises, or

• (c) a closure order relating to any premises,

are references to the local authority for the area in which the premises are situated.

• (8A) In the application of this Part to Northern Ireland, references to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland.

• (9) In the application of this Part to Northern Ireland, references to the local authority in relation to—

• (a) any premises,

• (b) a closure notice relating to any premises, or

• (c) a closure order relating to any premises,

are references to the council for the district in which the premises are situated.

• (10) In the application of this Part to Northern Ireland, the reference in section 136B(7)(a) to the area is to be read as a reference to the district.

• (11) “The owner”, in relation to premises, means—

• (a) a person who, whether alone or jointly with another person, is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion (apart from a mortgagee not in possession);

• (b) a person who, whether alone or jointly with another person, holds or is entitled to the rents and profits of the premises under a lease which (when granted) was for a term of not less than 3 years.

• (12) “Premises” includes—

• (a) any land or other place (whether enclosed or not);

• (b) any outbuildings which are, or are used as, part of the premises.

• (13) “Specified prostitution offence” means an offence listed in section 136A(2).

• (14) “Specified pornography offence” means an offence listed in section 136A(3).

• (15) In the application of this Part to England and Wales, references to specified pornography offences are to be ignored.

• (16) “Specified child sex offence” means an offence listed in section 136A(3A).

• (17) In the application of this Part to Northern Ireland, references to specified child sex offences and to section 136BA are to be ignored.

Short title

Sexual Offences Act 1956 (c. 69)

Street Offences Act 1959 (c. 57)

Sexual Offences Act 1985 (c. 44)

England and Wales

Northern Ireland

General

England and Wales

29A

An offence under section 48 of this Act (causing or inciting child prostitution or pornography) 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.

29B

An offence under section 49 of this Act (controlling a child prostitute or a child involved in pornography) 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.

29C

An offence under section 50 of this Act (arranging or facilitating child prostitution or pornography) 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.

35A

An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—

• (a) was 18 or over, and

• (b) is sentenced in respect of the offence to imprisonment for a term of at least 2 years.

35B

An offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited images of children) if the offender—

• (a) was 18 or over, and

• (b) is sentenced in respect of the offence to imprisonment for a term of at least 2 years.

Scotland

38A

Abduction with intent to commit rape under section 1 (rape) of the Sexual Offences (Scotland) Act 2009 (asp 9).

38B

Abduction with intent to commit rape under section 18 (rape of a young child) of that Act.

39A

Assault with intent to commit rape under section 1 (rape) of the Sexual Offences (Scotland) Act 2009.

39B

Assault with intent to commit rape under section 18 (rape of a young child) of that Act.

41A

Public indecency if—

• (a) a person (other than the offender) involved in the offence was under 18, and

• (b) the court determines that there was a significant sexual aspect to the offender's behaviour in committing the offence.

44A

An offence under section 51A of the Civic Government (Scotland) Act 1982 (c.45) (possession of extreme pornography) if—

• (a) the offender—

• (i) was 18 or over, and

• (ii) is or has been sentenced in respect of the offence to imprisonment for a term of more than 12 months, and

• (b) in imposing sentence, the court determines that it is appropriate that Part 2 of this Act should apply in relation to the offender.

59A

An offence under section 1 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)(meeting a child following certain preliminary contact) if—

• (a) 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.

59B

An offence under section 9 of that Act (paying for sexual services of a child), if—

• (a) the victim or (as the case may be) other party 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.

59C

An offence under any of sections 10 to 12 of that Act, if—

• (a) the provider of sexual services or (as the case may be) person involved in pornography 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.

59D

An offence under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9) (rape).

59E

An offence under section 2 of that Act (sexual assault by penetration).

59F

An offence under section 3 of that Act (sexual assault).

59G

An offence under section 4 of that Act (sexual coercion).

59H

An offence under section 5 of that Act (coercing a person into being present during a sexual activity).

59I

An offence under section 6 of that Act (coercing a person into looking at a sexual image).

59J

An offence under section 7(1) of that Act (communicating indecently).

59K

An offence under section 7(2) of that Act (causing a person to see or hear an indecent communication).

59L

An offence under section 8 of that Act (sexual exposure) if—

• (a) the offender, in respect of the offence, is or has been—

• (i) sentenced to a term of imprisonment, or

• (ii) admitted to a hospital, or

• (b) the offender was 18 or over and the victim was under 18.

59M

An offence under section 9 of that Act (voyeurism).

59N

An offence under section 11 of that Act (administering a substance for sexual purposes).

59O

An offence under section 18 of that Act (rape of a young child).

59P

An offence under section 19 of that Act (sexual assault on a young child by penetration).

59Q

An offence under section 20 of that Act (sexual assault on a young child).

59R

An offence under section 21 of that Act (causing a young child to participate in a sexual activity).

59S

An offence under section 22 of that Act (causing a young child to be present during a sexual activity).

59T

An offence under section 23 of that Act (causing a young child to look at a sexual image).

59U

An offence under section 24(1) of that Act (communicating indecently with a young child).

59V

An offence under section 24(2) of that Act (causing a young child to see or hear an indecent communication).

59W

An offence under section 25 of that Act (sexual exposure to a young child).

59X

An offence under section 26 of that Act (voyeurism towards a young child).

59Y

An offence under section 28 of that Act (having intercourse with an older child) if the offender—

• (a) was 18 or over, or

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

• (i) sentenced to a term of imprisonment, or

• (ii) admitted to a hospital.

59Z

An offence under section 29 of that Act (engaging in penetrative sexual activity with or towards an older child) if the offender—

• (a) was 18 or over, or

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

• (i) sentenced to a term of imprisonment, or

• (ii) admitted to a hospital.

59ZA

An offence under section 30 of that Act (engaging in sexual activity with or towards an older child) if the offender—

• (a) was 18 or over, or

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

• (i) sentenced to a term of imprisonment, or

• (ii) admitted to a hospital.

59ZB

An offence under section 31 of that Act (causing an older child to participate in a sexual activity) if the offender—

• (a) was 18 or over, or

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

• (i) sentenced to a term of imprisonment, or

• (ii) admitted to a hospital.

59ZC

An offence under section 32 of that Act (causing an older child to be present during a sexual activity) if the offender—

• (a) was 18 or over, or

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

• (i) sentenced to a term of imprisonment, or

• (ii) admitted to a hospital.

59ZD

An offence under section 33 of that Act (causing an older child to look at a sexual image) if the offender—

• (a) was 18 or over, or

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

• (i) sentenced to a term of imprisonment, or

• (ii) admitted to a hospital.

59ZE

An offence under section 34(1) of that Act (communicating indecently with an older child) if the offender—

• (a) was 18 or over, or

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

• (i) sentenced to a term of imprisonment, or

• (ii) admitted to a hospital.

59ZF

An offence under section 34(2) of that Act (causing an older child to see or hear an indecent communication) if the offender—

• (a) was 18 or over, or

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

• (i) sentenced to a term of imprisonment, or

• (ii) admitted to a hospital.

59ZG

An offence under section 35 of that Act (sexual exposure to an older child) if the offender—

• (a) was 18 or over, or

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

• (i) sentenced to a term of imprisonment, or

• (ii) admitted to a hospital.

59ZH

An offence under section 36 of that Act (voyeurism towards an older child) if the offender—

• (a) was 18 or over, or

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

• (i) sentenced to a term of imprisonment, or

• (ii) admitted to a hospital.

59ZI

An offence under section 37(1) of that Act (engaging while an older child in sexual conduct with or towards another older child) if, in respect of the offence, the offender is or has been—

• (a) sentenced to a term of imprisonment, or

• (b) admitted to a hospital.

59ZJ

An offence under section 37(4) of that Act (engaging while an older child in consensual sexual conduct with another older child) if, in respect of the offence, the offender is or has been—

• (a) sentenced to a term of imprisonment, or

• (b) admitted to a hospital.

59ZK

An offence under section 42 of that Act (sexual abuse of trust) where (either or both)—

• (a) the offender is 20 or over,

• (b) the condition set out in section 43(6) of that Act is fulfilled.

59ZL

An offence under section 46 of that Act (sexual abuse of trust of a mentally disordered person).

Northern Ireland

89A

An offence under section 48 of this Act (causing or inciting child prostitution or pornography) 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.

89B

An offence under section 49 of this Act (controlling a child prostitute or a child involved in pornography) 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.

89C

An offence under section 50 of this Act (arranging or facilitating child prostitution or pornography) 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.

92B

An offence under Article 5 or 6 of the Sexual Offences (Northern Ireland) Order 2008 (rape, assault by penetration).

92C

An offence under Article 7 of that Order (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—

• (aa) sentenced to a term of imprisonment,

• (bb) detained in a hospital, or

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

92D

An offence under Article 8, 12 or 13 of that Order (causing sexual activity without consent, rape of a child under 13, assault of a child under 13 by penetration).

92E

An offence under Article 14 of that Order (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.

92F

An offence under any of Articles 15 to 19 of that Order (causing or inciting a child under 13 to engage in sexual activity, sexual offences against children committed by adults).

92G

An offence under Article 20 of that Order (sexual offences against children 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.

92H

An offence under Article 21 of that Order (arranging or facilitating the commission of a sexual offence against 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.

92I

An offence under Article 22 of that Order (meeting a child following sexual grooming etc).

92J

An offence under any of Articles 23 to 26 of that Order (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

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

92K

An offence under Article 32 or 33 of that Order (familial sexual offences against 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.

92L

An offence under Article 37 (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.

92M

An offence under Article 38 (causing or inciting child prostitution or pornography) 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.

92N

An offence under Article 39 (controlling a child prostitute or a child involved in pornography) 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.

92O

An offence under Article 40 (arranging or facilitating child prostitution or pornography) 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.

92P

An offence under any of Articles 43 to 50 of that Order (offences against persons with a mental disorder impeding choice, inducements etc. to persons with mental disorder).

92Q

An offence under any of Articles 51 to 54 of that Order (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.

92R

An offence under Article 65 of that Order (administering a substance with intent).

92S

An offence under Article 66 or 67 of that Order (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—

• (aa) sentenced to a term of imprisonment,

• (bb) detained in a hospital, or

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

92T

An offence under Article 68 or 69 of that Order (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.

92U

An offence under Article 70 of that Order (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—

• (aa) sentenced to a term of imprisonment,

• (bb) detained in a hospital, or

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

92V

An offence under Article 71 of that Order (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—

• (aa) sentenced to a term of imprisonment,

• (bb) detained in a hospital, or

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

92X

An offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited images of children) if the offender—

• (a) was 18 or over, and

• (b) is sentenced in respect of the offence to imprisonment for a term of at least 2 years.

92A

An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—

• (a) was 18 or over, and

• (b) is sentenced in respect of the offence to imprisonment for a term of at least 2 years.

Service offences

93A

• (1) 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 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 that section, as a reference to—

• (a) being made the subject of a service community order or overseas community order under the Armed Forces Act 2006 of at least 12 months; or

• (b) being sentenced to a term of service detention of at least 112 days.

• (3) Section 48 of that Act (attempts, conspiracy, encouragement and assistance and aiding and abetting outside England and Wales) applies for the purposes of this paragraph as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to this paragraph.

General

94A

A reference in a preceding paragraph to an offence (“offence A”) includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed.

Scope of Schedule

Application for decision

Decision by Secretary of State

Effect of decision

Right of appeal

Interpretation

Transitional provision

England and Wales

4A

Outraging public decency.

31A

An offence under section 1 of the Theft Act 1968 (c.60) (theft).

43A

An offence under section 1 of the Child Abduction Act 1984 (c. 37) (offence of abduction of child by parent, etc).

43B

An offence under section 2 of that Act (offence of abduction of child by other persons).

56A

An offence under section 2 or 2A of the Protection from Harassment Act 1997 (c. 40) (offences of harassment and stalking).

60ZA

An offence under section 53 or 54 of the Regulation of Investigatory Powers Act 2000 (contravention of notice relating to encrypted information or tipping off in connection with such a notice).

60A

An offence under section 85(3) or (4) of the Postal Services Act 2000 (c. 26) (prohibition on sending certain articles by post).

61A

An offence under section 127(1) of the Communications Act 2003 (c. 21) (improper use of public electronic communications network).

63A

An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult a child or vulnerable adult to die or suffer serious physical harm).

Scotland

106A

An offence under section 53 or 54 of the Regulation of Investigatory Powers Act 2000 (contravention of notice relating to encrypted information or tipping off in connection with such a notice).

Northern Ireland

117A

Outraging public decency.

138A

An offence under section 9(1)(a) of that Act (riotous, disorderly and indecent behaviour, etc).

139A

An offence under section 1 of the Theft Act (Northern Ireland) 1969 (c.16) (basic definition of theft).

154A

An offence under Article 3 of the Child Abduction (Northern Ireland) Order 1985 (S.I. 1638 (N.I. 17)) (offence of abduction of child by parent).

154B

An offence under Article 4 of that Order (offence of abduction of child by other person).

165A

An offence under Article 4 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180) (N.I. 9)) (offence of harassment).

168ZA

An offence under section 53 or 54 of the Regulation of Investigatory Powers Act 2000 (contravention of notice relating to encrypted information or tipping off in connection with such a notice).

168A

An offence under section 85(3) or (4) of the Postal Services Act 2000 (c. 26) (prohibition on sending certain articles by post).

169A

An offence under section 127(1) of the Communications Act 2003 (c. 21) (improper use of public electronic communications network).

171A

An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm).

171B

An offence under Article 62 (causing or inciting prostitution for gain) or 63 (controlling prostitution for gain) of the Sexual Offences (Northern Ireland) Order 2008.

Service offences

172A

• (1) 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 an offence listed in any of paragraphs 1 to 63A.

• (2) Section 48 of that Act (attempts, conspiracy, encouragement and assistance and aiding and abetting outside England and Wales) applies for the purposes of this paragraph as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to this paragraph.

General

173A

A reference in a preceding paragraph to an offence (“offence A”) includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed.

Vagrancy Act 1824 (c. 83)

Town Police Clauses Act 1847 (c. 89)

Offences against the Persons Act 1861 (c. 100)

Criminal Law Amendment Act 1885 (c. 69)

Vagrancy Act 1898 (c. 39)

Children and Young Persons Act 1933 (c. 12)

Visiting Forces Act 1952 (c. 67)

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

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

Sexual Offences Act 1956 (c. 37)

Naval Discipline Act 1957 (c. 53)

Mental Health Act 1959 (c. 72)

Indecency with Children Act 1960 (c. 33)

Sexual Offences Act 1967 (c. 60)

Firearms Act 1968 (c. 27)

Theft Act 1968 (c. 60)

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

Rehabilitation of Offenders Act 1974 (c. 53)

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

Criminal Law Act 1977 (c. 45)

Internationally Protected Persons Act 1978 (c. 17)

Suppression of Terrorism Act 1978 (c. 26)

Protection of Children Act 1978 (c. 37)

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

Magistrates' Courts Act 1980 (c. 43)

Criminal Justice Act 1982 (c. 48)

Police and Criminal Evidence Act 1984 (c. 60)

Criminal Justice Act 1988 (c. 33)

Criminal Justice Act 1991 (c. 53)

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

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

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

Criminal Injuries Compensation Act 1995 (c. 53)

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

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

Sex Offenders Act 1997 (c. 51)

Crime and Disorder Act 1998 (c. 37)

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

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

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

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

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

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

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

Proceeds of Crime Act 2002 (c. 29)

Adoption and Children Act 2002 (c. 38)

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

Criminal Justice (Scotland) Act 2003 (asp 7)

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

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

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

Editorial notes