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Sexual Offences Bill [HL]


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

    72

 

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

  38       Lewd, indecent or libidinous behaviour or practices.

  39       Shameless indecency, if a person (other than the offender) involved in the

offence was under 18.

  40       Sodomy, unless—

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              (a)             the offender was under 20 and every other person involved in the

offence was a willing participant, or

              (b)             every person (other than the offender) involved in the offence was 18

or over and was a willing participant.

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

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

prohibited to be imported under section 42 of the Customs Consolidation

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

included indecent photographs of persons under 16.

  42       An offence under section 52 of the Civic Government (Scotland) Act 1982

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(c. 45) (taking and distribution of indecent images of children).

  43       An offence under section 52A of that Act (possession of indecent images of

children).

  44       An offence under section 1 of the Criminal Law (Consolidation) (Scotland)

Act 1995 (c. 39) (incest), if a person (other than the offender) involved in the

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offence was under 18.

  45       An offence under section 2 of that Act (intercourse with a stepchild), if a

person (other than the offender) involved in the offence was under 18.

  46       An offence under section 3 of that Act (intercourse with child under 16 by

person in position of trust).

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  47       An offence under section 5 of that Act (unlawful intercourse with girl under

16), save in the case of an offence in contravention of subsection (3) of that

section where the offender was under 20.

  48       An offence under section 6 of that Act (indecent behaviour towards girl

between 12 and 16).

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  49       An offence under section 8 of that Act (abduction of girl under 18 for

purposes of unlawful intercourse).

  50       An offence under section 10 of that Act (person having parental

responsibilities causing or encouraging sexual activity in relation to a girl

under 16).

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  51       An offence under section 13(5) of that Act (homosexual offences) unless—

              (a)             every person (other than the offender) involved in the offence was 18

or over and was a willing participant, or

              (b)             the offender was under 20 and either the homosexual act in

question—

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                    (i)                   was an act of sodomy, and every other person involved in the

offence was a willing participant; or

                    (ii)                  was not an act of sodomy.

 

 

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

    73

 

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

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

Offences in Northern Ireland

  53       Rape.

  54       An offence under section 52 of the Offences against the Person Act 1861

5

(c. 100) (indecent assault upon a female) if—

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

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

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

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

10

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

              (a)             the offender was 20 or over, and

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

  56       An offence under section 62 of that Act (assault with intent to commit

buggery or indecent assault upon a male person) if—

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

              (b)             in the case of an indecent assault on a male person, 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.

20

  57       An offence under section 4 of the Criminal Law Amendment Act 1885 (c. 69)

of unlawful carnal knowledge of a girl under 14.

  58       An offence under section 5 of that Act of unlawful carnal knowledge of a girl

under 17, if the offender was 20 or over.

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

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              (a)             the offender was 20 or over, and

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

  60       An offence under section 1 of the Punishment of Incest Act 1908 (c. 45)

(incest by males), if the victim or (as the case may be) other party was under

18.

30

  61       An offence under section 21 of the Children and Young Persons Act

(Northern Ireland) 1968 (c. 34) (causing or encouraging seduction or

prostitution of a girl under 17).

  62       An offence under section 22 of that Act (indecent conduct towards a child).

  63       An offence under Article 3 of the Protection of Children (Northern Ireland)

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Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children).

  64       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

40

included indecent photographs of persons under 16.

 

 

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

    74

 

  65       An offence under Article 9 of the Criminal Justice (Northern Ireland) Order

1980 (S.I. 1980/704 (N.I. 6)) (inciting girl under 16 to have incestuous sexual

intercourse).

  66       An offence under Article 15 of the Criminal Justice (Evidence, etc.)

(Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17) (possession of

5

indecent photographs of children).

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

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

Service offences

  68       An offence under—

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              (a)             section 70 of the Army Act 1955,

              (b)             section 70 of the Air Force Act 1955, or

              (c)             section 42 of the Naval Discipline Act 1957,

           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 32.

15

General

  69       A reference in a preceding paragraph to an offence includes—

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

offence, and

              (b)             except in paragraphs 33 to 40, a reference to aiding, abetting,

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counselling, procuring the commission of that offence.

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

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

when the photograph was taken;

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

25

  71       In paragraphs 18 to 30—

              (a)             “community sentence”, “commuity rehabilitation order”,

“community punishment and rehabilitation order” and “supervision

order” have the same meaning as in the Powers of Criminal Courts

(Sentencing) Act 2000 (c. 6);

30

              (b)             a reference to an electronic monitoring requirement means such a

requirement imposed under section 36B of that Act.

  72       For the purposes of paragraphs 14, 41 and 64—

              (a)             a person is to be taken to have been under 16 at any time if it appears

from the evidence as a whole that he was under that age at that time;

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              (b)             section 7 of the Protection of Children Act 1978 (c. 37)

(interpretation), subsections (2) to (2C) and (8) of section 52 of the

Civic Government (Scotland) Act 1982 (c. 45), and Article 2(2) and

(3)(b) of the Protection of Children (Northern Ireland) Order 1978

(S.I. 1978/1047 (N.I. 17)) (interpretation) (respectively) apply as each

40

provision applies for the purposes of the Act or Order of which it

forms part.

 

 

Sexual Offences Bill [HL]
Schedule 3 — Other offences for purposes of Part 2

    75

 

Schedule 3

Section 103

 

Other offences for purposes of Part 2

Offences in England and Wales

  1        Murder.

  2        Manslaughter.

5

  3        Kidnapping.

  4        False imprisonment.

  5        An offence under section 4 of the Offences against the Person Act 1861

(c. 100) (soliciting murder).

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

10

  7        An offence under section 18 of that Act (wounding with intent to cause

grievous bodily harm).

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

  9        An offence under section 21 of that Act (attempting to choke, suffocate or

strangle in order to commit or assist in committing an indictable offence).

15

  10       An offence under section 22 of that Act (using chloroform etc. to commit or

assist in the committing of any indictable offence).

  11       An offence under section 23 of that Act (maliciously administering poison

etc. so as to endanger life or inflict grievous bodily harm).

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

20

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

  14       An offence under section 29 of that Act (using explosives etc. with intent to

do grievous bodily harm).

  15       An offence under section 30 of that Act (placing explosives with intent to do

bodily injury).

25

  16       An offence under section 31 of that Act (setting spring guns etc. with intent

to do grievous bodily harm).

  17       An offence under section 32 of that Act (endangering the safety of railway

passengers).

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

30

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

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

  21       An offence under section 47 of that Act (assault occasioning actual bodily

harm).

  22       An offence under section 2 of the Explosive Substances Act 1883 (c. 3)

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(causing explosion likely to endanger life or property).

 

 

Sexual Offences Bill [HL]
Schedule 3 — Other offences for purposes of Part 2

    76

 

  23       An offence under section 3 of that Act (attempt to cause explosion, or

making or keeping explosive with intent to endanger life or property).

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

(child destruction).

  25       An offence under section 1 of the Children and Young Persons Act 1933

5

(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

10

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

15

intent).

  32       An offence under section 8 of the Theft Act 1968 (c. 60) (robbery or assault

with intent to rob).

  33       An offence under section 9 of that Act of burglary with intent to—

              (a)             inflict grievous bodily harm on a person, or

20

              (b)             do unlawful damage to a building or anything in it.

  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).

25

  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)

30

(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).

35

  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).

 

 

Sexual Offences Bill [HL]
Schedule 3 — Other offences for purposes of Part 2

    77

 

  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).

5

  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

10

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

15

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).

20

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

  57       An offence under section 4 of the Protection from Harassment Act 1997

(c. 40) (putting people in fear of violence).

  58       An offence under section 29 of the Crime and Disorder Act 1998 (c. 37)

(racially-aggravated assaults).

25

  59       An offence falling within section 31(1)(a) or (b) of that Act (racially-

aggravated offences under section 4 or 4A of the Public Order Act 1986).

  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).

30

  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 54 of this Act, where the victim or (as the case may

be) other party was 16 or over.

35

  63       An offence under any of sections 55 to 59 or 61 to 63 of this Act.

Offences in Scotland

  64       An offence inferring personal violence, other than an offence listed in

Schedule 2.

 

 

Sexual Offences Bill [HL]
Schedule 3 — Other offences for purposes of Part 2

    78

 

Offences in Northern Ireland

  65       Murder.

  66       Manslaughter.

  67       Kidnapping.

  68       Riot.

5

  69       Affray.

  70       False imprisonment.

  71       An offence under section 4 of the Offences against the Person Act 1861

(c. 100) (soliciting murder).

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

10

  73       An offence under section 18 of that Act (wounding with intent to cause

grievous bodily harm).

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

  75       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).

15

  76       An offence under section 22 of that Act (using chloroform etc. to commit or

assist in the committing of any indictable offence).

  77       An offence under section 23 of that Act (maliciously administering poison

etc. so as to endanger life or inflict grievous bodily harm).

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

20

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

  80       An offence under section 29 of that Act (using explosives etc. with intent to

do grievous bodily harm).

  81       An offence under section 30 of that Act (placing explosives with intent to do

bodily injury).

25

  82       An offence under section 31 of that Act (setting spring guns etc. with intent

to do grievous bodily harm).

  83       An offence under section 32 of that Act (endangering the safety of railway

passengers).

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

30

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

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

harm.

  87       An offence under section 2 of the Explosive Substances Act 1883 (c. 3)

(causing explosion likely to endanger life or property).

35

  88       An offence under section 3 of that Act (attempt to cause explosion, or

making or keeping explosive with intent to endanger life or property).

 

 

 
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