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Sex Offenders Act 1997

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Commencement Orders bringing legislation that affects this Act into force:

1(1)This Part of this Act applies to the following sexual offences under the law of England and Wales, namely—E+W+S+N.I.

(a)offences under the following provisions of the M1Sexual Offences Act 1956—

(i)section 1 (rape);

(ii)section 5 (intercourse with a girl under 13);

(iii)section 6 (intercourse with a girl between 13 and 16);

(iv)section 10 (incest by a man);

(v)section 12 (buggery);

(vi)section 13 (indecency between men);

(vii)section 14 (indecent assault on a woman);

(viii)section 15 (indecent assault on a man);

(ix)section 16 (assault with intent to commit buggery);

(x)section 28 (causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under 16);

(b)an offence under section 1(1) of the M2Indecency with Children Act 1960 (indecent conduct towards young child);

(c)an offence under section 54 of the M3Criminal Law Act 1977 (inciting girl under 16 to have incestuous sexual intercourse);

(d)an offence under section 1 of the M4Protection of Children Act 1978 (indecent photographs of children);

(e)an offence under section 170 of the M5Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the M6Customs Consolidation Act 1876 (prohibitions and restrictions); F1. . .

(f)an offence under section 160 of the M7Criminal Justice Act 1988 (possession of indecent photographs of children).

[F2(g)an offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust).]

(2)In sub-paragraph (1) above—

(a)[F3paragraphs (a)(iii), (v) and (vi) and (g) do not]apply where the offender was under 20;

(b)subject to sub-paragraph (3) below, paragraph (a)(iv) to (ix) does not apply where the victim of or, as the case may be, the other party to the offence was 18 or over; and

(c)paragraph (e) does not apply where the prohibited goods did not include indecent photographs of persons who were under the age of 16.

(3)Sub-paragraph (2)(b) above does not prevent the application of sub-paragraph (1)(a)(vii) or (viii) above in any case where, in respect of the offence or finding, the offender—

(a)is or has been sentenced to imprisonment for a term of 30 months or more; or

(b)is or has been admitted to a hospital subject to a restriction order.

(4)For the purposes of sub-paragraph (2)(c) above—

(a)section 7 of the M8Protection of Children Act 1978 (interpretation) shall apply as it applies for the purposes of that Act; and

(b)a person shall be taken to have been under the age of 16 at any time if it appears from the evidence as a whole that he was under that age at that time.

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Amendments (Textual)

F1Word immediately following para. 1(1)(e) of Sch. 1 omitted (8.1.2001 for E.W.N.I.) by virtue of 2000 c. 44, s. 5(2)(a); S.I. 2000/3303, art. 2(1)

F3Words in Sch. 1 para. 1(2)(a) substituted (8.1.2001 for E.W.N.I.) by 2000 c. 44, s. 5(2)(b); S.I. 2000/3303, art. 2(1)

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