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Sexual Offences (Conspiracy and Incitement) Act 1996
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- 1996 c. 29
- England and Wales and Northern Ireland
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Changes and effects
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. para. 2(1)(e) added by S.I. 2003/1247 (N.I.) Sch. 1 para. 17(a)
- Sch. para. 2(1)(a)-(c) repealed by S.I. 2008/1769 (N.I.) Sch. 1 para. 24(2)(a) Sch. 3
- Sch. para. 1(1)(a) repealed by 2003 c. 42 Sch. 7
- Sch. para. 2(1)(d) substituted by S.I. 2008/1769 (N.I.) Sch. 1 para. 24(2)(b)
- Sch. para. 1(1)(b) substituted by 2003 c. 42 Sch. 6 para. 35(a)
- Sch. Para. 2(1)(b)(iii) text amended by S.I. 2003/1247 (N.I.) Sch. 2
- Sch. para. 2(2) text amended by S.I. 2003/1247 (N.I.) Sch. 1 para. 17(b)
- Sch. para. 2(2) text amended by S.I. 2008/1769 (N.I.) Sch. 1 para. 24(3)
- Sch. para. 1(2) words substituted by 2003 c. 42 Sch. 6 para. 35(b)
Commencement Orders yet to be applied to the Sexual Offences (Conspiracy and Incitement) Act 1996:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2004/874 art. 2 commences (2003 c. 42)
- S.I. 2008/2504 art. 2 commences (2007 c. 27)
- S.R. 2003/352 art. 2 3 commences (S.I. 2003/1247 (N.I.))
- S.R. 2008/510 art. 2 commences (S.I. 2008/1769 (N.I.))
England and Wales and Northern IrelandE+W+N.I.
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+N.I.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F1S. 1 repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 9(1), Sch. 2 Pt. II (with s. 9(3)).
2 Incitement to commit certain sexual acts outside the United Kingdom.E+W+N.I.
(1)This section applies where—
(a)any act done by a person in England and Wales would amount to the offence of incitement to commit a listed sexual offence but for the fact that what he had in view would not be an offence triable in England and Wales,
(b)the whole or part of what he had in view was intended to take place in a country or territory outside the United Kingdom, and
(c)what he had in view would involve the commission of an offence under the law in force in that country or territory.
(2)Where this section applies—
(a)what he had in view is to be treated as that listed sexual offence for the purposes of any charge of incitement brought in respect of that act, and
(b)any such charge is accordingly triable in England and Wales.
(3)Any act of incitement by means of a message (however communicated) is to be treated as done in England and Wales if the message is sent or received in England and Wales.
3 Sections 1 and 2: supplementary.E+W+N.I.
(1)Conduct punishable under the law in force in any country or territory is an offence under that law for the purposes of [F2section 2], however it is described in that law.
(2)Subject to subsection (3), a condition in section F3. . . 2(1)(c) is to be taken to be satisfied unless, not later than rules of court may provide, the defence serve on the prosecution a notice—
(a)stating that, on the facts as alleged with respect to [F4what the accused had in view], the condition is not in their opinion satisfied,
(b)showing their grounds for that opinion, and
(c)requiring the prosecution to show that it is satisfied.
F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The court, if it thinks fit, may permit the defence to require the prosecution to show that the condition is satisfied without the prior service of a notice under subsection (2).
(5)In the Crown Court the question whether the condition is satisfied is to be decided by the judge alone.
(6)In any proceedings in respect of any offence triable by virtue of section F6. . .2, it is immaterial to guilt whether or not the accused was a British citizen at the time of any act or other event proof of which is required for conviction of the offence.
F7(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)References to an offence of incitement to commit a listed sexual offence include an offence triable in England and Wales as such an incitement by virtue of section 2 (without prejudice to subsection (2) of that section).
(9)[F8Subsection (8) applies] to references in any enactment, instrument or document (except those in [F8section 2] of this Act and in Part I of the M1Criminal Law Act 1977).
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F2Words in s. 3(1) substituted (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 9(2)(a) (with s. 9(3)).
F3Words in s. 3(2) repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 9(2)(b)(i), Sch. 2 Pt. II (with s. 9(3)).
F4Words in s. 3(2) substituted (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 9(2)(b)(ii) (with s. 9(3)).
F5S. 3(3) repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 9(2)(c), Sch. 2 Pt. II (with s. 9(3)).
F6Words in s. 3(6) repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 9(2)(d), Sch. 2 Pt. II (with s. 9(3)).
F7S. 3(7) repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 9(2)(e), Sch. 2 Pt. II (with s. 9(3)).
F8Words in s. 3(9) substituted (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 9(2)(f)(with s. 9(3)).
Marginal Citations
4 Northern Ireland.N.I.
In the application of the preceding provisions to Northern Ireland—
(a)any reference to England and Wales is to Northern Ireland,
F9(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F9S. 4(b)(c) repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 9(3), Sch. 2 Pt. II (with s. 9(3)).
5 Interpretation.E+W+N.I.
In this Act “listed sexual offence” has the meaning given by the Schedule.
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