House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Sexual Offences Bill [HL]


Sexual Offences Bill [HL]
Part 3 — General

    65

 

     (7)    References to a youth court for the area in which the defendant resides are to

be read as references to a youth court for the petty sessions district which

includes the area where the defendant resides.

     (8)    References in sections 100, 108(1), (2), (3)(b), (4) and (5) and 114 to the Crown

Court are to be read as references to a county court.

5

     (9)    Any direction of the county court made under section 91(1) on an appeal under

Article 143 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/

1675 (N.I. 26)) (appeals in other cases) (other than one directing that an

application be re-heard by a court of summary jurisdiction) is, for the purposes

of section 92, to be treated as if it were made by the court from which the appeal

10

was brought and not by the county court.

     (10)   Any order of the county court made on an appeal under Article 143 of the

Magistrates’ Courts (Northern Ireland) Order 1981 (other than one directing

that an application be re-heard by a court of summary jurisdiction) is, for the

purposes of section 106, to be treated as if it were an order of the court from

15

which the appeal was brought and not an order of the county court.

     (11)   Any order of the county court made on an appeal under Article 143 of the

Magistrates’ Courts (Northern Ireland) Order 1981 (appeals in other cases)

(other than one directing that an application be re-heard by a court of summary

jurisdiction) is, for the purposes of section 112, to be treated as if it were an

20

order of the court from which the appeal was brought and not an order of the

county court.

Part 3

General

 123   Orders and regulations

25

     (1)    Any power to make orders or regulations conferred by this Act on the

Secretary of State is exercisable by statutory instrument.

     (2)    A statutory instrument containing an order or regulations under section 23, 88

or 117 may not be made unless a draft of the instrument has been laid before,

and approved by resolution of, each House of Parliament.

30

     (3)    Any other statutory instrument, except one containing an order under section

126, is to be subject to annulment in pursuance of a resolution of either House

of Parliament.

 124   Minor and consequential amendments

Schedule 4 contains minor and consequential amendments.

35

 125   Repeals and revocation

The provisions listed in Schedule 5 are repealed or revoked to the extent

specified.

 

 

Sexual Offences Bill [HL]
Part 3 — General

    66

 

 126   Commencement

     (1)    This Act, except this section and sections 123, 127 and 128, comes into force in

accordance with provision made by the Secretary of State by order.

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

           (a)           make different provision for different purposes;

5

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

 127   Extent, saving etc.

     (1)    Except as follows, this Act extends to England and Wales only.

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

           (a)           this section,

10

           (b)           sections 8, 17 to 27, 54 to 64, 70 to 73, 75, 80 and 81,

           (c)           Part 2,

           (d)           section 123,

           (e)           sections 124 and 125 and Schedules 4 and 5 so far as relating to—

                  (i)                 the Sex Offenders Act 1997,

15

                  (ii)                the Police Reform Act 2002, and

                  (iii)               the Criminal Justice (Northern Ireland) Order 1998,

           (f)           sections 126 and 128.

     (3)    The following provisions also extend to Scotland—

           (a)           Part 2 except sections 103 to 116 and Schedule 3, and

20

           (b)           this Part.

     (4)    Section 16B of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

continues to have effect despite the repeal by this Act of section 8 of the Sex

Offenders Act 1997.

     (5)    For the purposes of the Scotland Act 1998 (c. 46), this Act is to be taken to be a

25

pre-commencement enactment.

 128   Short title

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

 

 

Sexual Offences Bill [HL]
Schedule 1 — Sexual offences to which section 75 applies

 67

 

Schedules

Schedule 1

Section 75(7)

 

Sexual offences to which section 75 applies

England and Wales

  1        In relation to England and Wales, the following are sexual offences to which

5

section 75 applies—

              (a)             an offence under any of sections 2, 4, 6, 8 to 15 and 17 (offences

against children under 13 or under 16);

              (b)             an offence under any of sections 1, 3, 5, 7, 18 to 47, 54 to 59 and 65 to

67 where the victim of the offence was under 16 at the time of the

10

offence;

              (c)             an offence under—

                    (i)                   section 1 of the Protection of Children Act 1978 (c. 37)

(indecent photographs of children), or

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

15

of indecent photograph of child),

                              in relation to a photograph or pseudo-photograph showing a child

under 16.

Northern Ireland

  2       (1)      In relation to Northern Ireland, the following are sexual offences to which

20

section 75 applies—

              (a)             an offence of rape;

              (b)             an offence under—

                    (i)                   section 52 of the Offences against the Person Act 1861

(indecent assault upon a female person),

25

                    (ii)                  section 61 of that Act (buggery), or

                    (iii)                 section 62 of that Act (assault with intent to commit buggery

or indecent assault upon a male person);

              (c)             an offence under—

                    (i)                   section 4 of the Criminal Law Amendment Act 1885 of

30

unlawful carnal knowledge of a girl under 14, or

                    (ii)                  section 5 of that Act of unlawful carnal knowledge of a girl

under 17;

              (d)             an offence under section 22 of the Children and Young Persons Act

(Northern Ireland) 1968 (indecent conduct towards a child);

35

              (e)             an offence under Article 3 of the Protection of Children (Northern

Ireland) Order 1978 (indecent photographs of children); and

              (f)             an offence under—

 

 

Sexual Offences Bill [HL]
Schedule 2 — Sexual offences for purposes of Part 2

    68

 

                    (i)                   section 8 of this Act (causing a child under 13 to engage in

sexual activity), or

                    (ii)                  any of sections 18 to 22 or 54 to 59 of this Act (abuse of trust,

prostitution, child pornography).

          (2)      In sub-paragraph (1), paragraphs (a), (b), (c)(ii) and (f)(ii) do not apply where

5

the victim of the offence was 16 or over at the time of the offence.

General

  3        A reference in paragraph 1 or 2(1) to an offence includes—

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

offence; and

10

              (b)             a reference to aiding and abetting, counselling or procuring the

commission of that offence.

Schedule 2

Section 82

 

Sexual offences for purposes of Part 2

Offences in England and Wales

15

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

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

  3        An offence under section 6 of that Act (intercourse with girl under 16), if the

offender was 20 or over.

  4        An offence under section 10 of that Act (incest by a man), if the victim or (as

20

the case may be) other party was under 18.

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

              (a)             the offender was 20 or over, and

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

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

25

              (a)             the offender was 20 or over, and

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

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

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

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

30

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

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

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

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

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

35

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

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

 

 

Sexual Offences Bill [HL]
Schedule 2 — Sexual offences for purposes of Part 2

    69

 

  9        An offence under section 16 of that Act (assault with intent to commit

buggery), if the victim or (as the case may be) other party was under 18.

  10       An offence under section 28 of that Act (causing or encouraging the

prostitution of, intercourse with or indecent assault on girl under sixteen).

  11       An offence under section 1 of the Indecency with Children Act 1960 (c. 33)

5

(indecent conduct towards young child).

  12       An offence under section 54 of the Criminal Law Act 1977 (c. 45) (inciting girl

under sixteen to have incestuous sexual intercourse).

  13       An offence under section 1 of the Protection of Children Act 1978 (c. 37)

(indecent photographs of children), if the indecent photographs or pseudo-

10

photographs showed persons under 16.

  14       An offence under section 170 of the Customs and Excise Management Act

1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods

prohibited to be imported under section 42 of the Customs Consolidation

Act 1876 (c. 36) (indecent or obscene articles), if the prohibited goods

15

included indecent photographs of persons under 16.

  15       An offence under section 160 of the Criminal Justice Act 1988 (c. 33)

(possession of indecent photograph of a child), if the indecent photographs

or pseudo-photographs showed persons under 16.

  16       An offence under section 3 of the Sexual Offences (Amendment) Act 2000

20

(c. 44) (abuse of position of trust), if the offender was 20 or over.

  17       An offence under any of sections 1 to 4 of this Act (rape, assault by

penetration).

  18       An offence under section 5 or 6 of this Act (sexual assault) if—

              (a)             where the offender was under 18, he is or has been sentenced, in

25

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

30

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

18 months, involving the offender being (for at least

35

some of that period) subject to a community

rehabilitation order, community punishment and

rehabilitation order, supervision order or an

electronic monitoring requirement.

  19       An offence under any of sections 7 to 13 of this Act (causing sexual activity

40

without consent, child sex offences committed by adults).

  20       An offence under section 14 of this Act (child sex offences committed by

children or young persons), if the offender is or has been sentenced, in

respect of the offence, to imprisonment for a term of at least 12 months.

 

 

Sexual Offences Bill [HL]
Schedule 2 — Sexual offences for purposes of Part 2

    70

 

  21       An offence under section 15 of this Act (arranging or facilitating the

commission of a child sex offence) if, where the offender is under 18, he is or

has been sentenced, in respect of the offence, to imprisonment for a term of

at least 12 months.

  22       An offence under section 17 of this Act (meeting a child following sexual

5

grooming etc).

  23       An offence under any of sections 18 to 22 of this Act (abuse 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

10

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

  24       An offence under any of sections 28, 29 or 33 to 42 of this Act (familial child

sex offences, offences against persons with a mental disorder or learning

disability, inducements etc. to persons with mental disorder or learning

disability).

15

  25       An offence under any of sections 43 to 47 of this Act (care workers for

persons with mental disorder or learning disability) if the offender, in

respect of the offence or finding, is or has been—

              (a)             sentenced to a term of imprisonment,

              (b)             detained in a hospital, or

20

              (c)             made the subject of a community sentence of at least 18 months,

involving the offender being (for at least some of that period) subject

to a community rehabilitation order, community punishment and

rehabilitation order, supervision order or an electronic monitoring

requirement.

25

  26       An offence under section 54 of this Act (paying for sex with a child) if the

victim or (as the case may be) other party was under 16.

  27       An offence under section 65 of this Act (administering a substance with

intent).

  28       An offence under section 66 or 67 of this Act (committing an offence or

30

trespassing, with intent to commit a sexual offence) if—

              (a)             the intended victim of the sex offence was under 18, or

              (b)             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

35

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

months.

  29       An offence under section 68 or 69 of this Act (sex with an adult relative) if

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

              (a)             sentenced to a term of imprisonment, or

40

              (b)             detained in a hospital.

  30       An offence under section 70 of this Act (exposure) if—

              (a)             where the offender was under 18, he is or has been sentenced to

imprisonment for a term of at least 12 months;

              (b)             in any other case—

45

 

 

Sexual Offences Bill [HL]
Schedule 2 — Sexual offences for purposes of Part 2

    71

 

                    (i)                   the victim was under 18, or

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

been—

                           (a)                          sentenced to a term of imprisonment,

                           (b)                          detained in a hospital, or

5

                           (c)                          made the subject of a community sentence of at least

18 months, involving the offender being (for at least

some of that period) subject to a community

rehabilitation order, community punishment and

rehabilitation order, supervision order or an

10

electronic monitoring requirement.

  31       An offence under section 71 of this Act (voyeurism) if—

              (a)             where the offender was under 18, he is or has been sentenced to

imprisonment for a term of at least 12 months;

              (b)             in any other case—

15

                    (i)                   the victim was under 18, or

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

been—

                           (a)                          sentenced to a term of imprisonment, or

                           (b)                          detained in a hospital.

20

  32       An offence under section 72 or 73 of this Act (intercourse with an animal,

sexual penetration of a corpse) if the offender, in respect of the offence or

finding, is or has been—

              (a)             sentenced to a term of imprisonment, or

              (b)             detained in a hospital.

25

Offences in Scotland

  33       Rape.

  34       Clandestine injury to women.

  35       Abduction of woman or girl with intent to rape if—

              (a)             a person (other than the offender) involved in the offence was under

30

18, or

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

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

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

  36       Assault with intent to rape or ravish if—

35

              (a)             a person (other than the offender) involved in the offence was under

18, or

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

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

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

40

  37       Indecent assault if—

              (a)             a person (other than the offender) involved in the offence was under

18, or

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

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

45

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 29 January 2003