Sexual Offences (Scotland) Act 2009

Prospective

Part 2 S Offences replaced by an offence in Part 1 or this Part

15 The following common law offences against a person under the age of 16 years— S

(a) rape,

(b) clandestine injury to women,

(c) sexual assault,

(d) lewd, indecent or libidinous practice or behaviour,

(e) sodomy.

16 Rape under the common law of Northern Ireland of a person under the age of 17. S

17 Any of the following offences under the Sexual Offences Act 2003, in its application to Northern Ireland— S

(a) an offence under section 15,

(b) an offence under section 16, 17, 18, 19, 47, 48, 49, 50, 66 or 67 against a child under the age of 17.

18 An offence under article 18, 19, 20 or 21 of the Criminal Justice (Northern Ireland) Order 2003 (SI No. 1247 (N.I. 13)) against a person under the age of 17. S

19 An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) against a person under the age of 16. S

20 An offence under section 3, 5, 6 or 13(5)(c) of the Criminal Law (Consolidation) (Scotland) Act 1995. S

21 An offence under article 123 of the Mental Health (Northern Ireland) Order 1986 (SI No. 595 (N.I. 4)) against a person under the age of 17. S

22 An offence under article 9 of the Criminal Justice (Northern Ireland) Order 1980 (SI No. 704 (N.I. 6)). S

23 An offence under section 54 of the Criminal Law Act 1977 (c. 45). S

24 Any of the following offences under the Sexual Offences (Scotland) Act 1976 (c. 67)— S

(a) an offence under section 2A or 2B against a person under the age of 16,

(b) an offence under section 2C, 3, 4, 5 or 10(1).

25 An offence under section 21 or 22 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34). S

26 An offence under section 1 of the Indecency with Children Act 1960 (c. 33). S

27 An offence under section 2 of the Attempted Rape, etc., Act 1960 (Northern Ireland) (c.3) against a person under the age of 17. S

28 An offence under section 1, 10, 11, 12, 14, 15 or 16 of the Sexual Offences Act 1956 (c. 69) against a person under the age of 16. S

29 An offence under section 5, 6 or 28 of that Act. S

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

(a) in its application to England and Wales, against a girl under the age of 16,

(b) in its application to Northern Ireland, against a girl under the age of 17.

31 Any of the following offences under the Criminal Law Amendment Act 1885 (48 & 49 Vict.) (c.69)— S

(a) an offence under section 2, 3, 5, 7 or 8—

(i) in its application to Scotland or England and Wales, against a girl under the age of 16,

(ii) in its application to Northern Ireland, against a girl under the age of 17,

(b) an offence under section 4 or 6.

32 Any of the following offences under the Offences Against the Person Act 1861 (24 & 25 Vict.) (c.100)— S

(a) an offence under section 52, 53 or 54—

(i) in its application to England and Wales, against a person under the age of 16,

(ii) in its application to Northern Ireland, against a person under the age of 17,

(b) an offence under section 61 or 62.

33 An attempt, conspiracy or incitement to commit an offence in Part 2 of this schedule. S

34 An offence under section 293(2) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (aiding and abetting etc. the commission of a statutory offence) relating to any of the following offences— S

(a) an offence against a person under the age of 16 under section 3 of the Sexual Offences (Amendment) Act 2000 in its application to Scotland (see paragraph 19),

(b) an offence in paragraph 20 or 24,

(c) an offence against a girl under the age of 16 under section 2, 3, 5, 7 or 8 of the Criminal Law Amendment Act 1885 in its application to Scotland.