SCHEDULE
PART 1Amendment of Public General Acts
The Criminal Procedure (Scotland) Act 1995
1
1
The Criminal Procedure (Scotland) Act 19952 is amended as follows.
2
In section 19A (samples etc. from persons convicted of sexual and violent offences)3―
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;
ii
after paragraph (d) insert―
da
assault with intent to commit the statutory offence of rape;
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.
3
In section 210A (extended sentences for sex and violent offenders)4―
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;
ii
after paragraph (iv) insert―
iva
assault with intent to commit the statutory offence of rape;
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.
4
In section 288C (prohibition of personal conduct of defence in cases of certain sexual offences)5―
a
in subsection (2)—
i
after paragraph (d) insert―
da
abduction with intent to commit the statutory offence of rape;
ii
after paragraph (e) insert―
ea
assault with intent to commit the statutory offence of rape;
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.
The Protection of Children (Scotland) Act 2003
2
1
Schedule 1 (offences against a child) to the Protection of Children (Scotland) Act 20036 is amended as follows.
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 20037―
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.
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.
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
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