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Sexual Offences Bill [HL]


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

    77

 

  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

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

months;

              (b)             in any other case—

5

                    (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

10

                           (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

15

electronic monitoring requirement.

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

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

20

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

  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.

25

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

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,

30

              (b)             detained in a hospital, or

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

  24       An offence under any of sections 28, 29 or 32 to 41 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

35

disability).

  25       An offence under any of sections 42 to 46 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,

40

              (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 some of that period) subject

to a community rehabilitation order, community punishment and

rehabilitation order, supervision order or an electronic monitoring

45

requirement.

 

 

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

    78

 

  26       An offence under section 52 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 64 of this Act (administering a substance with

intent).

  28       An offence under section 65 or 66 of this Act (committing an offence or

5

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

              (a)             the intended offence was an offence against a person 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

10

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

months.

  29       An offence under section 67 or 68 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

15

              (b)             detained in a hospital.

  30       An offence under section 69 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—

20

                    (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

25

                           (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

30

electronic monitoring requirement.

  31       An offence under section 70 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—

35

                    (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.

40

  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.

45

 

 

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

    79

 

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

5

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—

10

              (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.

15

  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

20

                    (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—

25

              (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

30

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

35

(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

40

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.

 

 

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

    80

 

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

person in position of trust).

  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.

5

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

between 12 and 16).

  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

10

responsibilities causing or encouraging sexual activity in relation to a girl

under 16).

  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

15

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

question—

                    (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.

20

  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                Indecent assault against a female.

25

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

(c. 100) (indecent assault upon a female) 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;

30

              (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—

                           (a)                                                       sentenced to a term of imprisonment,

35

                           (b)                                                       detained in a hospital, or

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

18 months.

  56                An offence under section 53 or 54 of that Act (abduction of woman by force

for unlawful sexual intercourse).

40

  57       An offence under section 61 of that Act (buggery) if consent was not present

or—

              (a)             the offender was 20 or over, and

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

 

 

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

    81

 

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

buggery or indecent assault upon a male person) if—

              (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—

5

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

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

  59                An offence under section 2 of the Criminal Law Amendment Act 1885 (c. 69)

(procuration).

  60                An offence under section 3 of that Act (procuring defilement of woman by

10

threats or fraud, etc.).

  61       An offence under section 4 of that Act of unlawful carnal knowledge of a girl

under 14.

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

under 17, if the offender was 20 or over.

15

  63                An offence under section 7 of that Act (abduction of girl under 18).

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

              (a)             the offender was 20 or over, and

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

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

20

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

18.

  66                An offence under section 2 of that Act (incest by females), if the victim or (as

the case may be) other party was under 18.

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

25

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

prostitution of a girl under 17).

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

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

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

30

  70       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

included indecent photographs of persons under 16.

35

  71       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).

  72                An offence under Article 122 of the Mental Health (Northern Ireland) Order

1986 (S.I. 1986/595 (N.I. 4)) (offences against women suffering from severe

40

mental handicap).

  73                An offence under Article 123 of that Order (offences against patients).

 

 

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

    82

 

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

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

indecent photographs of children).

  75       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.

5

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

grooming etc.).

  77       An offence under any of sections 18 to 22 of this Act (abuse of trust) if the

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

              (a)             sentenced to a term of imprisonment,

10

              (b)             detained in a hospital, or

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

  78       An offence under section 52 of this Act (paying for sex with a child) if the

victim or (as the case may be) other party was under 17.

  79       An offence under section 69 of this Act (exposure) if—

15

              (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—

                    (i)                   the victim was under 18, or

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

20

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.

25

  80       An offence under section 70 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—

                    (i)                   the victim was under 18, or

30

                    (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.

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

35

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.

Service offences

40

  82       An offence under—

              (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,

 

 

Sexual Offences Bill [HL]
Schedule 4 — Other offences for purposes of Part 2

    83

 

           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.

General

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

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

5

offence, and

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

counselling or procuring the commission of that offence.

  84       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

10

when the photograph was taken;

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

  85       In paragraphs 18 to 30—

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

“community punishment and rehabilitation order” and “supervision

15

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

(Sentencing) Act 2000 (c. 6);

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

requirement imposed under section 36B of that Act.

  86                In paragraphs 53 to 81, “community sentence” has the same meaning as in

20

the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).

  87       For the purposes of paragraphs 14, 41 and 70—

              (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;

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

25

(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

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

30

forms part.

Schedule 4

Section 103

 

Other offences for purposes of Part 2

Offences in England and Wales

  1        Murder.

35

  2        Manslaughter.

  3        Kidnapping.

  4        False imprisonment.

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

(c. 100) (soliciting murder).

40

 

 

 
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