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Sexual Offences Bill [HL]


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

    81

 

  49       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.

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

between 12 and 16).

5

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

purposes of unlawful intercourse).

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

responsibilities causing or encouraging sexual activity in relation to a girl

under 16).

10

  53       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.

  54       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.

20

  55                An offence under section 311(1) of the Mental Health (Care and Treatment)

(Scotland) Act 2003 (asp 13) (non-consensual sexual acts).

  56                An offence under section 313(1) of that Act (persons providing care services:

sexual offences).

  57                An offence in Scotland other than is mentioned in paragraphs 33 to 56 if the

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court, in imposing sentence or otherwise disposing of the case, determines

for the purposes of this paragraph that there was a significant sexual aspect

to the offender’s behaviour in committing the offence.

Offences in Northern Ireland

  58       Rape.

30

  59                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;

              (b)             in any other case—

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                    (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

40

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

18 months.

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

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

 

 

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

    82

 

              (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—

                    (i)                   the victim was under 18, or

5

                    (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

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

10

18 months.

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

for unlawful sexual intercourse).

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

or—

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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 17.

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

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

  64                An offence under section 62 of that Act of indecent assault upon a male

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person 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—

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                    (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

30

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

18 months.

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

(procuration).

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

35

threats or fraud, etc.).

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

under 14.

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

under 17, if the offender was 20 or over.

40

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

  70       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 17.

 

 

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

    83

 

  71       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.

  72                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.

5

  73       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).

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

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

10

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

  76       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.

  77       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).

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

20

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

mental handicap).

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

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

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

25

indecent photographs of children).

  81       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.

  82                An offence under Article 19 of the Criminal Justice (Northern Ireland) Order

2003 (S.I. 2003/1247 (N.I. 13)) (buggery) if—

30

              (a)             the offender was 20 or over, and

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

  83                An offence under Article 20 of that Order (assault with intent to commit

buggery) if the victim was under 18.

  84                An offence under Article 21 of that Order (indecent assault upon a male) if—

35

              (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—

                    (i)                   the victim was under 18, or

40

                    (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

 

 

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

    84

 

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

18 months.

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

grooming etc.).

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

5

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

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

  87       An offence under section 49 of this Act (paying for sex with a child) if the

10

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

  88       An offence under section 68 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—

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,

                           (b)                          detained in a hospital, or

20

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

18 months.

  89       An offence under section 69 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;

25

              (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, or

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                           (b)                          detained in a hospital.

  90       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

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              (b)             detained in a hospital.

Service offences

  91       An offence under—

              (a)             section 70 of the Army Act 1955,

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

40

              (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.

 

 

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

    85

 

General

  92       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,

5

counselling or procuring the commission of that offence.

  93       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.

10

  94       In paragraphs 18 to 30—

              (a)             “community sentence”, “community 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);

15

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

requirement imposed under section 36B of that Act.

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

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

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

20

              (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)

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

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

25

(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

forms part.

  97                A determination under paragraph 57 constitutes part of a person’s sentence,

30

within the meaning of the Criminal Procedure (Scotland) Act 1995 (c. 46), for

the purposes of any appeal or review.

Schedule 4

Section 102

 

Other offences for purposes of Part 2

Offences in England and Wales

35

  1        Murder.

  2        Manslaughter.

  3        Kidnapping.

  4        False imprisonment.

 

 

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

    86

 

  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).

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

grievous bodily harm).

5

  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).

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

assist in the committing of any indictable offence).

10

  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).

  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

15

do grievous bodily harm).

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

bodily injury).

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

to do grievous bodily harm).

20

  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).

  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).

25

  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)

(causing explosion likely to endanger life or property).

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

30

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

(c. 12) (cruelty to children).

35

  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).

 

 

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

    87

 

  28       An offence under section 16A of that Act (possession of firearm with intent

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).

5

  31       An offence under section 18 of that Act (carrying a firearm with criminal

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—

10

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

              (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.

15

  36       An offence of arson under section 1 of the Criminal Damage Act 1971 (c. 48).

  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).

20

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

(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

25

endanger safety of aircraft).

  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).

30

  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).

35

  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).

 

 

 
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