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Sexual Offences Bill [HL]


Sexual Offences Bill [HL]
Schedule 1 — Extension of gender-specific prostitution offences

 74

 

Schedules

Schedule 1

Section 57

 

Extension of gender-specific prostitution offences

Sexual Offences Act 1956 (c. 69)

  1        In section 36 of the Sexual Offences Act 1956 (permitting premises to be used

5

for prostitution), at the end insert “(whether any prostitute involved is male

or female)”.

Street Offences Act 1959 (c. 57)

  2        In section 1(1) of the Street Offences Act 1959 (loitering or soliciting for

purposes of prostitution), after “prostitute” insert “(whether male or

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female)”.

  3       (1)      Section 2 of that Act (application to court by woman cautioned for loitering

or soliciting) is amended as follows.

          (2)      In the heading of the section, for “woman” substitute “person”.

          (3)      In subsection (1)—

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              (a)             for “woman” substitute “person”,

              (b)             for “her” in each place substitute “his”, and

              (c)             for “she” in each place substitute “he”.

          (4)               In subsection (2)—

              (a)             for “woman” in the first place substitute “person”,

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              (b)             for “he” substitute “the chief officer”, and

              (c)             for “woman” in the second place substitute “person cautioned”.

          (5)      In subsection (3), for “woman” substitute “person cautioned”.

Sexual Offences Act 1985 (c. 44)

  4       (1)      The Sexual Offences Act 1985 is amended as follows.

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          (2)      For the heading “Soliciting of women by men” substitute “Soliciting for the

purpose of prostitution”.

          (3)      In section 1 (kerb-crawling)—

              (a)             for “man” substitute “person”,

              (b)             for “a woman” substitute “another person”,

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              (c)             for “women” in each place substitute “persons”, and

              (d)             for “the woman” substitute “the person”.

          (4)      In section 2 (persistent soliciting of women for the purpose of prostitution)—

              (a)             for the heading of the section substitute “Persistent soliciting”,

 

 

Sexual Offences Bill [HL]
Schedule 2 — Sexual offences to which section 73 applies

    75

 

              (b)             for “man” substitute “person”,

              (c)             for “a woman” substitute “another person”, and

              (d)             for “women” substitute “persons”.

          (5)      In section 4 (interpretation)—

              (a)             omit subsections (2) and (3),

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              (b)             for “man” substitute “person”,

              (c)             for “a woman” substitute “another person”,

              (d)             for “her” in the first place substitute “that person”, and

              (e)             for “her” in the second place substitute “that person’s”.

Schedule 2

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Section 73(7)

 

Sexual offences to which section 73 applies

England and Wales

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

section 73 applies—

              (a)             an offence under any of sections 6, 7, 8, 9 to 15 and 17 (offences

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against children under 13 or under 16);

              (b)             an offence under any of sections 1, 3, 4, 5, 18 to 43, 49 to 52 and 62

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

offence;

              (c)             an offence under section 63 or 64 where the intended offence was an

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offence against a person under 16;

              (d)             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

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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

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section 73 applies—

              (a)             an offence of rape;

              (b)                             an offence of indecent assault upon a female;

              (c)             an offence under—

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

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(indecent assault upon a female person), or

                    (ii)                                                              section 53 or 54 of that Act (abduction of woman);

              (d)             an offence under—

                    (i)                                                               section 2 of the Criminal Law Amendment Act 1885 (c. 69)

(procuration of girl under 21),

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                    (ii)                                                              section 3 of that Act (procuring defilement of woman using

threats, etc.),

 

 

Sexual Offences Bill [HL]
Schedule 2 — Sexual offences to which section 73 applies

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                    (iii)                 section 4 of that Act of unlawful carnal knowledge of a girl

under 14,

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

under 17, or

                    (v)                                                               section 7 of that Act (abduction of girl under 18);

5

              (e)                                             an offence under—

                    (i)                                         section 1 of the Punishment of Incest Act 1908 (c. 45) (incest

by males), or

                    (ii)                                        section 2 of that Act (incest by females);

              (f)             an offence under—

10

                    (i)                   section 21 of the Children and Young Persons Act (Northern

Ireland) 1968 (c. 34 (N.I.)) (causing or encouraging seduction,

etc. of girl under 17), or

                    (ii)                  section 22 of that Act (indecent conduct towards a child);

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

15

Ireland) Order 1978 (indecent photographs of children);

              (h)             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);

              (i)                                             an offence under Article 15 of the Criminal Justice (Evidence, Etc.)

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

photographs of children);

              (j)                             an offence under—

                    (i)                   Article 19 of the Criminal Justice (Northern Ireland) Order

2003 (S.I. 2003/1247 (N.I. 13)) (buggery),

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                    (ii)                  Article 20 of that Order (assault with intent to commit

buggery), or

                    (iii)                 Article 21 of that Order (indecent assault on a male); and

              (k)             an offence under—

                    (i)                   section 17 of this Act (meeting a child following sexual

30

grooming etc.), or

                    (ii)                  any of sections 18 to 21 or 49 to 52 of this Act (abuse of trust,

prostitution, child pornography).

          (2)      Sub-paragraph (1), apart from paragraphs (f) and (h), does not apply where

the victim of the offence was 17 or over at the time of the offence.

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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

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

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commission of that offence.

 

 

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

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Schedule 3

Section 81

 

Sexual offences for purposes of Part 2

Offences in England and Wales

  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).

5

  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

the case may be) other party was under 18.

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

10

              (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—

              (a)             the offender was 20 or over, and

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

15

  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—

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

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

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  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—

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

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

25

  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)

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(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-

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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

40

included indecent photographs of persons under 16.

 

 

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

    78

 

  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

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

5

  17       An offence under any of sections 1 to 7 of this Act (rape, assault by

penetration).

  18       An offence under section 4 or 8 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

10

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—

15

                           (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

some of that period) subject to a community

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rehabilitation order, community punishment and

rehabilitation order, supervision order or an

electronic monitoring requirement.

  19       An offence under any of sections 5 to 13 of this Act (causing sexual activity

without consent, child sex offences committed by adults).

25

  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.

  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

30

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

grooming etc).

  23       An offence under any of sections 18 to 21 of this Act (abuse of trust) if the

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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.

  24       An offence under any of sections 27, 28 or 32 to 39 of this Act (familial child

40

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

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

disability).

  25       An offence under any of sections 40 to 43 of this Act (care workers for

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

45

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

 

 

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

    79

 

              (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 some of that period) subject

to a community rehabilitation order, community punishment and

5

rehabilitation order, supervision order or an electronic monitoring

requirement.

  26       An offence under section 49 of this Act (paying for sexual services of a child)

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

  27       An offence under section 62 of this Act (administering a substance with

10

intent).

  28       An offence under section 63 or 64 of this Act (committing an offence or

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—

15

                    (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.

  29       An offence under section 65 or 66 of this Act (sex with an adult relative) if

20

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.

  30       An offence under section 68 of this Act (exposure) if—

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

25

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—

30

                           (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

some of that period) subject to a community

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rehabilitation order, community punishment and

rehabilitation order, supervision order or an

electronic monitoring requirement.

  31       An offence under section 69 of this Act (voyeurism) if—

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

40

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—

45

                           (a)                          sentenced to a term of imprisonment, or

 

 

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

    80

 

                           (b)                          detained in a hospital.

  32       An offence under section 71 or 72 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

5

              (b)             detained in a hospital.

Offences in Scotland

  33       Rape.

  34       Clandestine injury to women.

  35       Abduction of woman or girl with intent to rape.

10

  36       Assault with intent to rape or ravish.

  37       Indecent assault.

  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.

15

  40       Sodomy, unless—

              (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.

20

  41       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.

25

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

(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 106 of the Mental Health (Scotland) Act 1984 (c. 36)

30

(protection of mentally handicapped females).

  45                An offence under section 107 of that Act (protection of patients).

  46       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

offence was under 18.

35

  47       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.

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

person in position of trust).

 

 

 
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