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Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005

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This is the original version (as it was originally enacted).

The Sexual Offences Act 2003 (c. 42)

This section has no associated Explanatory Notes

3In Schedule 3 to the 2003 Act (offences which make a person subject to the requirements of Part 2 of the Act)—

(a)in paragraph 45, after “children)” there is inserted if—

(a)the child was under 16 and the offender—

(i)was 18 or over, or

(ii)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or

(b)in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph;

(b)in paragraph 46, after “children)” there is inserted if—

(a)the child was under 16 and the offender—

(i)was 18 or over, or

(ii)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or

(b)in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph;

(c)after paragraph 59 there is inserted—

59AAn offence under section 1 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) (meeting a child following certain preliminary contact) if—

(a)the offender—

(i)was 18 or over, or

(ii)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or

(b)in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph.

59BAn offence under section 9 of that Act (paying for sexual services of a child), if—

(a)the victim or (as the case may be) other party was under 16 and the offender—

(i)was 18 or over, or

(ii)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or

(b)in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph.

59CAn offence under any of sections 10 to 12 of that Act, if—

(a)the provider of sexual services or (as the case may be) person involved in pornography was under 16 and the offender—

(i)was 18 or over, or

(ii)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or

(b)in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph.; and

(d)in paragraph 60, for “59” there is inserted “59C”.

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