SCHEDULE

PART 1 Amendment of Public General Acts

The Criminal Procedure (Scotland) Act 1995
1 (1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.
1995 c.46.
(2) In section 19A (samples etc. from persons convicted of sexual and violent offences)―
(a) in subsection (6), in the definition of “relevant sexual offence”―
(i) after paragraph (c) insert―

“(ca) abduction with intent to commit the statutory offence of rape;”

; and
(ii) after paragraph (d) insert―

“(da) assault with intent to commit the statutory offence of rape;”

; and
(b) after subsection (6) insert—

“6A In subsection (6)—
(a) the references to “rape” in paragraphs (c) and (d) of the definition of “relevant sexual offence” are to the offence of rape at common law; and
(b) the references in paragraphs (ca) and (da) of that subsection to “the statutory offence of rape” are (as the case may be) to―
(i) the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009, or
(ii) the offence of rape of a young child under section 18 of that Act.”

.
Section 19A was inserted by the Crime and Punishment (Scotland) Act 1997 (c.48), section 48 and has been amended by the Criminal Justice (Scotland) Act 2003 (asp 7), section 55(3); the Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), Schedule 1, paragraph 27(2); the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), section 77(4) and schedule 6, paragraph 4; and the Sexual Offences (Scotland) Act 2009, schedule 5, paragraph 2(4).
(3) In section 210A (extended sentences for sex and violent offenders)―
(a) in subsection (10), in the definition of “sexual offence”―
(i) after paragraph (iii) insert―

“(iiia) abduction with intent to commit the statutory offence of rape;”

; and
(ii) after paragraph (iv) insert―

“(iva) assault with intent to commit the statutory offence of rape;”

; and
(b) for subsection (11) substitute―

“11 In subsection (10)―
(a) any reference to a “sexual offence” includes―
(i) a reference to any attempt, conspiracy or incitement to commit that offence; and
(ii) except in the case of an offence under paragraphs (i) to (viii) of the definition of “sexual offence” in that subsection, a reference to aiding and abetting, counselling or procuring the commission of that offence;
(b) the references to “rape” in paragraphs (iii) and (iv) of the definition of “sexual offence” are to the offence of rape at common law; and
(c) the references to “the statutory offence of rape” in paragraphs (iiia) and (iva) of that definition are (as the case may be) to―
(i) the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009, or
(ii) the offence of rape of a young child under section 18 of that Act.”

.
Section 210A was inserted by the Crime and Disorder Act 1998 (c.37), section 86 and has been amended by the Sexual Offences (Amendment) Act 2000 (c.44), section 6(2); the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), section 312; the Extended Sentences for Violent Offenders (Scotland) Order 2003 (S.S.I. 2003/48), article 2; the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), section 21; the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), schedule, paragraph 19; the Sexual Offences (Scotland) Act 2009, schedule 5, paragraph 2(6) and schedule 6; and, prospectively, by the Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17), schedule 4, paragraph 3.
(4) In section 288C (prohibition of personal conduct of defence in cases of certain sexual offences)―
(a) in subsection (2)—
(i) after paragraph (d) insert―

“(da) abduction with intent to commit the statutory offence of rape;”

; and
(ii) after paragraph (e) insert―

“(ea) assault with intent to commit the statutory offence of rape;”

; and
(b) after subsection (8) insert―

“9 In subsection (2)―
(a) the references to “rape” in paragraphs (d) and (e) are to the offence of rape at common law; and
(b) the references to “the statutory offence of rape” in paragraphs (da) and (ea) are (as the case may be) to―
(i) the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009, or
(ii) the offence of rape of a young child under section 18 of that Act.”

.
Section 288C was inserted by the Sexual Offences (Procedure and Evidence) (Scotland) Act 2002 (asp 9), section 1 and has been amended by the Criminal Procedure (Amendment) (Scotland) Act 2004, section 4(1) and schedule, paragraph 55(b); the Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005, Schedule 1, paragraph 27(5); and the Sexual Offences (Scotland) Act 2009, schedule 5, paragraph 2(7).

The Protection of Children (Scotland) Act 2003
2 (1) Schedule 1 (offences against a child) to the Protection of Children (Scotland) Act 2003 is amended as follows.
2003 asp 5. Schedule 1 has been amended by the Sexual Offences (Scotland) Act 2009, schedule 5, paragraph 4.
(2) At the end of paragraph 1 insert―

“(zi) assault with intent to commit an offence under section 18 (rape of a young child) of that Act;
(zj) abduction with intent to commit an offence under section 18 (rape of a young child) of that Act”

.
(3) At the end of paragraph 2(dk) insert―

“(dl) commits the offence of assault with intent to commit an offence under section 1 (rape) of that Act in relation to a child;
(dm) commits the offence of abduction with intent to commit an offence under section 1 (rape) of that Act in relation to a child;”

.

The Sexual Offences Act 2003
3 In Schedule 3 (sexual offences for the purposes of Part 2) to the Sexual Offences Act 2003―
(a) after paragraph 38 insert―

“38A Abduction with intent to commit rape under section 1 (rape) of the Sexual Offences (Scotland) Act 2009 (asp 9).
38B Abduction with intent to commit rape under section 18 (rape of a young child) of that Act.”

, and
(b) after paragraph 39 insert―

“39A Assault with intent to commit rape under section 1 (rape) of the Sexual Offences (Scotland) Act 2009.
39B Assault with intent to commit rape under section 18 (rape of a young child) of that Act.”

.
2003 c.42. Schedule 3 has been amended by the Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), article 2(2) and (3); the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), schedule 1, paragraph 3(a) to (d); the Armed Forces Act 2006 (c.52), Schedule 16, paragraph 212(2)(b) and (3), Schedule 17, paragraph 1; the Serious Crime Act 2007 (c.27), Schedule 5, paragraph 4(2) and Schedule 6, paragraph 63(2); the Criminal Justice and Immigration Act 2008 (c.4), Schedule 26, paragraph 58(2) and (3); the Coroners and Justice Act 2009 (c.25), Schedule 21, paragraph 62(2) and (5); the Sexual Offences (Scotland) Act 2009, schedule 5, paragraph 5 and schedule 6, paragraph 1.

The Sexual Offences (Scotland) Act 2009
4 In the Sexual Offences (Scotland) Act 2009, in the third column of schedule 3 (alternative verdicts)―
(a) in the entry for rape, after “Assault at common law” insert―

“Assault with intent to commit rape at common law
Assault with intent to commit the offence of rape under section 1 of this Act
Assault with intent to commit the offence of rape of a young child
Abduction with intent to commit rape at common law
Abduction with intent to commit the offence of rape under section 1 of this Act
Abduction with intent to commit the offence of rape of a young child
An offence under section 1 (incest) of the Criminal Law (Consolidation) (Scotland) Act 1995
An offence under section 2 (intercourse with step-child) of that Act”

; and
(b) in each of the entries for sexual assault by penetration, sexual assault, sexual coercion, rape of a young child, sexual assault on a young child by penetration, sexual assault on a young child and causing a young child to participate in a sexual activity after “Assault at common law” insert―

“Assault with intent to commit rape at common law
Assault with intent to commit the offence of rape under section 1 of this Act
Assault with intent to commit the offence of rape of a young child
Abduction with intent to commit rape at common law
Abduction with intent to commit the offence of rape under section 1 of this Act
Abduction with intent to commit the offence of rape of a young child”

.