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Sexual Offences Bill [HL]


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

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  89       An offence under section 25 of the Criminal Justice (Northern Ireland) Act

1945 (c. 15) (child destruction).

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

5) (infanticide).

  91       An offence under section 7(1)(b) of the Criminal Justice (Miscellaneous

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Provisions) Act (Northern Ireland) 1968 (c. 28) (assault with intent to resist

arrest).

  92       An offence under section 20 of the Children and Young Persons Act

(Northern Ireland) 1968 (c. 34) (cruelty to children).

  93       An offence under section 8 of the Theft Act (Northern Ireland) 1969 (c. 16)

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(robbery or assault with intent to rob).

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

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

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

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

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  96       An offence of arson under Article 3 of the Criminal Damage Northern

Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)).

  97       An offence under Article 3(2) of that Order (destroying or damaging

property) other than an offence of arson.

  98       An offence under Article 17 of the Firearms (Northern Ireland) Order 1981

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(S.I. 1981/155 (N.I. 2)) (possession of firearm with intent to endanger life).

  99       An offence under Article 17A of that Order (possession of firearm with

intent to cause fear of violence).

  100      An offence under Article 18(1) of that Order (use of firearm to resist arrest).

  101      An offence under Article 18(2) of that Order (possession of firearm at time of

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committing or being arrested for an offence specified in Schedule 1 to that

Order).

  102      An offence under Article 19 of that Order (carrying a firearm with criminal

intent).

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

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(hostage-taking).

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

(hijacking).

  105      An offence under section 2 of that Act (destroying, damaging or

endangering safety of aircraft).

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  106      An offence under section 3 of that Act (other acts endangering or likely to

endanger safety of aircraft).

  107      An offence under section 4 of that Act (offences in relation to certain

dangerous articles).

  108      An offence under section 1 of the Prohibition of Female Circumcision Act

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1985 (c. 38) (prohibition of female circumcision).

 

 

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

    80

 

  109      An offence under Article 121 of the Mental Health (Northern Ireland) Order

1986 (S.I. 1986/595 (N.I.4) (ill-treatment of patients).

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

(torture).

  111      An offence under section 1 of the Aviation and Maritime Security Act 1990

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(c. 31) (endangering safety at aerodromes).

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

  113      An offence under section 10 of that Act (seizing or exercising control of fixed

platforms).

  114      An offence under section 11 of that Act (destroying fixed platforms or

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endangering their safety).

  115      An offence under section 12 of that Act (other acts endangering or likely to

endanger safe navigation).

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

  117      An offence under Article 9 of the Road Traffic (Northern Ireland) Order 1995

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(S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by

dangerous driving).

  118      An offence under Article 14 of that Order (causing death or grievous bodily

injury by careless driving when under the influence of drink or drugs).

  119      An offence under Article 6 of the Protection from Harassment (Northern

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Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9) (putting people in fear of

violence).

  120      An offence under section 66 of the Police (Northern Ireland) Act 1998 (c. 32)

(assaulting or obstructing a constable etc.).

  121      An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I.

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1994/570) (offences relating to Channel Tunnel trains and the tunnel

system).

  122      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.

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  123      An offence under section 54 of this Act, where the victim or (as the case may

be) other party was 16 or over.

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

Service offences

  125      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 63 above.

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Sexual Offences Bill [HL]
Schedule 4 — Minor and consequential amendments

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General

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

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

offence, and

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

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commission of that offence.

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

age at the time of the offence.

Schedule 4

Section 124

 

Minor and consequential amendments

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Vagrancy Act 1824 (c. 83)

  1        In section 4 of the Vagrancy Act 1824 (rogues and vagabonds), omit the

words from “every person wilfully” to “female”.

Town Police Clauses Act 1847 (c. 89)

  2        In section 28 of the Town Police Clauses Act 1847 (penalty for committing

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certain acts), omit “every person who wilfully and indecently exposes his

person:”.

Sexual Offences Act 1956 (c. 37)

  3        In the Sexual Offences Act 1956, omit—

              (a)             sections 1 to 7, 9 to 17, 19 to 32, 41 to 43, 45, 46A and 47 (offences), and

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

Mental Health Act 1959 (c. 72)

  4        In the Mental Health Act 1959, omit sections 127 (amendment of Sexual

Offences Act 1956) and 128 (sexual intercourse with patients).

Indecency with Children Act 1960 (c. 33)

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  5        The Indecency with Children Act 1960 ceases to have effect.

Sexual Offences Act 1967 (c. 60)

  6        In the Sexual Offences Act 1967, omit the following—

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

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

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              (c)             section 5 living on earnings of male prostitution,

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

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

              (f)             sextion 10 (past offences).

 

 

Sexual Offences Bill [HL]
Schedule 4 — Minor and consequential amendments

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Theft Act 1968 (c. 60)

  7        In section 9 of the Theft Act 1968 (burglary), in subsection (2) omit “or raping

any person”.

National Health Service Reorganisation Act 1973 (c. 32)

  8        In Schedule 4 to the National Health Service Reorganisation Act 1973 (minor

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and consequential amendments), omit paragraph 92.

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

  9        In the Sexual Offences (Amendment) Act 1976, omit—

              (a)             in section 1 (meaning of “rape”), subsection (2), and

              (b)             in section 7 (citation, interpretation etc.), subsection (3).

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Criminal Law Act 1977 (c. 45)

  10       In the Criminal Law Act 1977, omit section 54 (inciting girl under 16 to have

incestuous sexual intercourse).

National Health Service Act 1977 (c. 49)

  11       In Schedule 15 to the National Health Service Act 1977 (consequential

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amendments), omit paragraph 29.

Protection of Children Act 1978 (c. 37)

  12       In section 1(1) of the Protection of Children Act 1978 (indecent photographs

of children), at the beginning insert “Subject to sections 1A and 1B,”.

Magistrates’ Courts Act 1980 (c. 43)

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  13       In Schedule 7 to the Magistrates’ Courts Act 1980 (consequential

amendments), omit paragraph 18.

Mental Health (Amendment) Act 1982 (c. 51)

  14       In Schedule 3 to the Mental Health (Amendment) Act 1982 (consequential

amendments), omit paragraphs 29 and 34.

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Mental Health Act 1983 (c. 20)

  15       In Schedule 4 to the Mental Health Act 1983 (consequential amendments),

omit paragraph 15.

Sexual Offences Act 1985 (c. 44)

  16       In section 5 of the Sexual Offences Act 1985 (short title, commencement etc.),

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omit subsection (2).

 

 

Sexual Offences Bill [HL]
Schedule 4 — Minor and consequential amendments

    83

 

Criminal Justice Act 1988 (c. 33)

  17       In section 160(1) of the Criminal Justice Act 1988 (possession of indecent

photograph of child), at the beginning insert “Subject to subsection (1A),”.

Children Act 1989 (c. 49)

  18       In Schedule 12 to the Children Act 1989 (minor amendments), omit

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paragraphs 11 to 14 and 16.

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

  19       In the Sexual Offences (Amendment) Act 1992, omit section 4 (anonymity of

victims: incest or buggery).

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

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  20       In the Criminal Justice and Public Order Act 1994, omit—

              (a)             section 142 (rape of women and men)

              (b)             section 143 (male rape and buggery)

              (c)             section 144 (revised penalties for buggery and indecency between

men), and

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              (d)             in Schedule 10 (consequential amendments), paragraphs 26 and

35(2) and (4).

Crime (Sentences) Act 1997 (c. 43)

  21       In the Crime (Sentences) Act 1997, omit section 52 (increased penalty for

indecency with children).

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Sex Offenders Act 1997 (c. 51)

  22       The Sex Offenders Act 1997 ceases to have effect.

Crime and Disorder Act 1998 (c. 37)

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

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

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          (3)      In section 4 (appeals against orders)—

              (a)             in subsection (1), omit “a sex offender order or an order under section

2A above”, and

              (b)             in subsection (3), omit “or 2(6) above”.

          (4)      In section 20(6) (effect of sex offender order), for the words “Part I of the Sex

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Offenders Act 1997” substitute “Part 2 of the Sexual Offences Act 2003”.

          (5)      After section 20 insert—

       “20A Sex offender orders: supplemental

              (1)             In section 20 above and this section “sex offender” means a person

who—

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Sexual Offences Bill [HL]
Schedule 4 — Minor and consequential amendments

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                    (a)                   has been convicted of sexual offence listed in Schedule 2 to

the Sexual Offences Act 2003;

                    (b)                   has been found not guilty of such an offence by reason of

insanity, or found to be under a disability and to have done

the act charged against him in respect of such an offence;

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                    (c)                   has been cautioned by a constable, in England and Wales or

Northern Ireland, in respect of such an offence which, at the

time when the caution was given, he had admitted; or

                    (d)                   has been punished under the law in force in a country or

territory outwith the United Kingdom for an act which—

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                           (i)                          constituted an offence under that law; and

                           (ii)                         would have constituted a sexual offence listed in that

Schedule if it had been done in any part of the United

Kingdom.

              (2)             In section 20(2)(b) above “the relevant date”, in relation to a sex

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offender, means the date or, as the case may be, the latest date on

which he has been convicted, found, cautioned or punished as

mentioned in subsection (1) above.

              (3)             Subsection (1) and (2) of section 118 of the Sexual Offences Act 2003

(interpretation; mentally disordered offenders) apply for the

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construction of references in subsections (1) and (2) above as they

apply for the construction of references in Part 2 of that Act.

              (4)             In subsections (1) and (2) above, “cautioned” has the same meaning

as in Part 2 of that Act.

              (5)             An act punishable under the law in force in any country or territory

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outwith the United Kingdom constitutes, however it is described in

that law, an offence under that law for the purposes of subsection (1)

above.

              (6)             Subject to subsection (7) below the condition in subsection (1(d)(i)

above shall be taken to be satisfied unless, not later than rules of

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court may provide, the person in respect of whom the order is sought

serves on the applicant a notice—

                    (a)                   stating that, on the facts as alleged with respect to the act in

question, the condition is not in his opinion satisfied;

                    (b)                   showing his grounds for that opinion; and

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                    (c)                   requiring the applicant to show that it is satisfied.

              (7)             The sheriff, if he thinks fit, may permit the person in respect of whom

the order is sought to require the applicant to show that the condition

is satisfied without the prior service of a notice under subsection (6)

above.”

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          (6)      In section 21A(1) (offence of doing in Scotland anything prohibited by sex

offender order made in England and Wales or Northern Ireland), before

paragraph (a) insert—

                    “(za)                      an order under section 103 (sexual offences prevention order)

or 107 (interim sexual offences prevention order) of the

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Sexual Offences Act 2003;”.

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

 

 

Sexual Offences Bill [HL]
Schedule 4 — Minor and consequential amendments

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

  24       In Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000

(consequential amendments), omit paragraphs 189, 190 and 193.

Care Standards Act 2000 (c. 14)

  25       In Schedule 4 to the Care Standards Act 2000 (minor and consequential

5

amendments), omit paragraph 2.

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

  26       In the Criminal Justice and Courts Services Act 2000, omit—

              (a)             section 39 (indecent conduct towards 14 and 15 year olds), and

              (b)             section 66 and Schedule 5 (amendments of Sex Offenders Act 1997).

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

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

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

subsections (1) and (2).

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

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to (3).

          (4)      Omit sections 3 and 4 (abuse of position of trust).

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

          (6)      In section 6 (meaning of “sexual offence” for the purposes of certain

enactments), omit subsection (1).

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Armed Forces Act 2001 (c. 19)

  28       In Schedule 6 to the Armed Forces Act 2001 (miscellaneous amendments),

omit paragraphs 2 and 59.

Police Reform Act 2002 (c. 30)

  29       In the Police Reform Act 2002, omit sections 67 to 69 and 72 to 74 (sex

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offender orders and interim orders).

Adoption and Children Act 2002 (c. 38)

  30       In section 74 of the Adoption and Children Act 2002 (status conferred by

adoption not to apply for the purposes of certain enactments), in subsection

(1) for paragraphs (b) and (c) substitute “or

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                    (b)                      sections 68 and 69 of the Sexual Offences Act 2003 (sex with

an adult relative).”

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

  31       In the Nationality, Asylum and Immigration Act 2002, omit sections 145 and

146 (traffic in prostitution).

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