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Sexual Offences Act 2003

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E+W+S+N.I.

Sexual Offences Act 2003

2003 CHAPTER 42

An Act to make new provision about sexual offences, their prevention and the protection of children from harm from other sexual acts, and for connected purposes.

[20th November 2003]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 E+W+N.I.Sexual Offences

RapeE+W

1RapeE+W

(1)A person (A) commits an offence if—

(a)he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,

(b)B does not consent to the penetration, and

(c)A does not reasonably believe that B consents.

(2)Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

(3)Sections 75 and 76 apply to an offence under this section.

(4)A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

AssaultE+W

2Assault by penetrationE+W

(1)A person (A) commits an offence if—

(a)he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else,

(b)the penetration is sexual,

(c)B does not consent to the penetration, and

(d)A does not reasonably believe that B consents.

(2)Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

(3)Sections 75 and 76 apply to an offence under this section.

(4)A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

3Sexual assaultE+W

(1)A person (A) commits an offence if—

(a)he intentionally touches another person (B),

(b)the touching is sexual,

(c)B does not consent to the touching, and

(d)A does not reasonably believe that B consents.

(2)Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

(3)Sections 75 and 76 apply to an offence under this section.

(4)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.

Causing sexual activity without consentE+W

4Causing a person to engage in sexual activity without consentE+W

(1)A person (A) commits an offence if—

(a)he intentionally causes another person (B) to engage in an activity,

(b)the activity is sexual,

(c)B does not consent to engaging in the activity, and

(d)A does not reasonably believe that B consents.

(2)Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

(3)Sections 75 and 76 apply to an offence under this section.

(4)A person guilty of an offence under this section, if the activity caused involved—

(a)penetration of B’s anus or vagina,

(b)penetration of B’s mouth with a person’s penis,

(c)penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

(d)penetration of a person’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for life.

(5)Unless subsection (4) applies, a person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.

Rape and other offences against children under 13E+W

5Rape of a child under 13E+W

(1)A person commits an offence if—

(a)he intentionally penetrates the vagina, anus or mouth of another person with his penis, and

(b)the other person is under 13.

(2)A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

6Assault of a child under 13 by penetrationE+W

(1)A person commits an offence if—

(a)he intentionally penetrates the vagina or anus of another person with a part of his body or anything else,

(b)the penetration is sexual, and

(c)the other person is under 13.

(2)A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

7Sexual assault of a child under 13E+W

(1)A person commits an offence if—

(a)he intentionally touches another person,

(b)the touching is sexual, and

(c)the other person is under 13.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.

8Causing or inciting a child under 13 to engage in sexual activityE+W

(1)A person commits an offence if—

(a)he intentionally causes or incites another person (B) to engage in an activity,

(b)the activity is sexual, and

(c)B is under 13.

(2)A person guilty of an offence under this section, if the activity caused or incited involved—

(a)penetration of B’s anus or vagina,

(b)penetration of B’s mouth with a person’s penis,

(c)penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

(d)penetration of a person’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for life.

(3)Unless subsection (2) applies, a person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.

Child sex offencesE+W

9Sexual activity with a childE+W

(1)A person aged 18 or over (A) commits an offence if—

(a)he intentionally touches another person (B),

(b)the touching is sexual, and

(c)either—

(i)B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii)B is under 13.

(2)A person guilty of an offence under this section, if the touching involved—

(a)penetration of B’s anus or vagina with a part of A’s body or anything else,

(b)penetration of B’s mouth with A’s penis,

(c)penetration of A’s anus or vagina with a part of B’s body, or

(d)penetration of A’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(3)Unless subsection (2) applies, a person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.

10Causing or inciting a child to engage in sexual activityE+W

(1)A person aged 18 or over (A) commits an offence if—

(a)he intentionally causes or incites another person (B) to engage in an activity,

(b)the activity is sexual, and

(c)either—

(i)B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii)B is under 13.

(2)A person guilty of an offence under this section, if the activity caused or incited involved—

(a)penetration of B’s anus or vagina,

(b)penetration of B’s mouth with a person’s penis,

(c)penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

(d)penetration of a person’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(3)Unless subsection (2) applies, a person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.

11Engaging in sexual activity in the presence of a childE+W

(1)A person aged 18 or over (A) commits an offence if—

(a)he intentionally engages in an activity,

(b)the activity is sexual,

(c)for the purpose of obtaining sexual gratification, he engages in it—

(i)when another person (B) is present or is in a place from which A can be observed, and

(ii)knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it, and

(d)either—

(i)B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii)B is under 13.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.

12Causing a child to watch a sexual actE+W

(1)A person aged 18 or over (A) commits an offence if—

(a)for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,

(b)the activity is sexual, and

(c)either—

(i)B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii)B is under 13.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.

13Child sex offences committed by children or young personsE+W

(1)A person under 18 commits an offence if he does anything which would be an offence under any of sections 9 to 12 if he were aged 18.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years.

14Arranging or facilitating commission of a child sex offenceE+W

(1)A person commits an offence if—

(a)he intentionally arranges or facilitates something that he intends to do, intends another person to do, or believes that another person will do, in any part of the world, and

(b)doing it will involve the commission of an offence under any of sections 9 to 13.

(2)A person does not commit an offence under this section if—

(a)he arranges or facilitates something that he believes another person will do, but that he does not intend to do or intend another person to do, and

(b)any offence within subsection (1)(b) would be an offence against a child for whose protection he acts.

(3)For the purposes of subsection (2), a person acts for the protection of a child if he acts for the purpose of—

(a)protecting the child from sexually transmitted infection,

(b)protecting the physical safety of the child,

(c)preventing the child from becoming pregnant, or

(d)promoting the child’s emotional well-being by the giving of advice,

and not for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence within subsection (1)(b) or the child’s participation in it.

(4)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.

15Meeting a child following sexual grooming etc.E+W+N.I.

[F1(1)A person aged 18 or over (A) commits an offence if—

[F2(a)A has met or communicated with another person (B) on at least two occasions and subsequently—

(i)A intentionally meets B,

(ii)A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or

(iii)B travels with the intention of meeting A in any part of the world,

(b)A intends to do anything to or in respect of B, during or after the meeting mentioned in paragraph (a)(i) to (iii) and in any part of the world, which if done will involve the commission by A of a relevant offence,

(c)B is under 16, and

(d)A does not reasonably believe that B is 16 or over.

(2)In subsection (1)—

(a)the reference to A having met or communicated with B is a reference to A having met B in any part of the world or having communicated with B by any means from, to or in any part of the world;

(b)relevant offence” means—

(i)an offence under this Part,

(ii)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)anything done outside England and Wales F4. . . which is not an offence within sub-paragraph (i) F4. . . but would be an offence within sub-paragraph (i) if done in England and Wales.

(3)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.

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Amendments (Textual)

Abuse of position of trustE+W+N.I.

16Abuse of position of trust: sexual activity with a childE+W+N.I.

[F6(1)A person aged 18 or over (A) commits an offence if—

(a)he intentionally touches another person (B),

(b)the touching is sexual,

(c)A is in a position of trust in relation to B,

(d)where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and

(e)either—

(i)B is under 18 and A does not reasonably believe that B is 18 or over, or

(ii)B is under 13.

(2)This subsection applies where A—

(a)is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and

(b)is not in such a position of trust by virtue of other circumstances.

(3)Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.

(4)Where in proceedings for an offence under this section—

(a)it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and

(b)it is not proved that he was in such a position of trust by virtue of other circumstances,

it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances.

(5)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years.

Annotations: Help about Annotation
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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)

17Abuse of position of trust: causing or inciting a child to engage in sexual activityE+W+N.I.

[F7(1)A person aged 18 or over (A) commits an offence if—

(a)he intentionally causes or incites another person (B) to engage in an activity,

(b)the activity is sexual,

(c)A is in a position of trust in relation to B,

(d)where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and

(e)either—

(i)B is under 18 and A does not reasonably believe that B is 18 or over, or

(ii)B is under 13.

(2)This subsection applies where A—

(a)is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and

(b)is not in such a position of trust by virtue of other circumstances.

(3)Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.

(4)Where in proceedings for an offence under this section—

(a)it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and

(b)it is not proved that he was in such a position of trust by virtue of other circumstances,

it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances.

(5)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years.

Annotations: Help about Annotation
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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)

18Abuse of position of trust: sexual activity in the presence of a childE+W+N.I.

[F8(1)A person aged 18 or over (A) commits an offence if—

(a)he intentionally engages in an activity,

(b)the activity is sexual,

(c)for the purpose of obtaining sexual gratification, he engages in it—

(i)when another person (B) is present or is in a place from which A can be observed, and

(ii)knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it,

(d)A is in a position of trust in relation to B,

(e)where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and

(f)either—

(i)B is under 18 and A does not reasonably believe that B is 18 or over, or

(ii)B is under 13.

(2)This subsection applies where A—

(a)is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and

(b)is not in such a position of trust by virtue of other circumstances.

(3)Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.

(4)Where in proceedings for an offence under this section—

(a)it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and

(b)it is not proved that he was in such a position of trust by virtue of other circumstances,

it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances.

(5)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years.

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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)

19Abuse of position of trust: causing a child to watch a sexual actE+W+N.I.

[F9(1)A person aged 18 or over (A) commits an offence if—

(a)for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,

(b)the activity is sexual,

(c)A is in a position of trust in relation to B,

(d)where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and

(e)either—

(i)B is under 18 and A does not reasonably believe that B is 18 or over, or

(ii)B is under 13.

(2)This subsection applies where A—

(a)is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and

(b)is not in such a position of trust by virtue of other circumstances.

(3)Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.

(4)Where in proceedings for an offence under this section—

(a)it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and

(b)it is not proved that he was in such a position of trust by virtue of other circumstances,

it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances.

(5)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years.

Annotations: Help about Annotation
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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)

20Abuse of position of trust: acts done in ScotlandE+W+N.I.

[F10Anything which, if done in England and Wales F11. . . , would constitute an offence under any of sections 16 to 19 also constitutes that offence if done in Scotland [F12or Northern Ireland.

Annotations: Help about Annotation
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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)

21Positions of trustE+W+N.I.

[F13(1)For the purposes of sections 16 to 19, a person (A) is in a position of trust in relation to another person (B) if—

(a)any of the following subsections applies, or

(b)any condition specified in an order made by the Secretary of State is met.

(2)This subsection applies if A looks after persons under 18 who are detained in an institution by virtue of a court order or under an enactment, and B is so detained in that institution.

(3)This subsection applies if A looks after persons under 18 who are resident in a home or other place in which—

(a)accommodation and maintenance are provided by an authority [F14in accordance with section 22C(6) of the Children Act 1989 (c. 41) F15. . . , or

(b)accommodation is provided by a voluntary organisation under section 59(1) of that Act F16. . . ,

and B is resident, and is so provided with accommodation and maintenance or accommodation, in that place.

(4)This subsection applies if A looks after persons under 18 who are accommodated and cared for in one of the following institutions—

(a)a hospital,

(b)[F17in Wales, an independent clinic,

(c)a care home, F18. . .

(d)a community home, voluntary home or children’s home, [F19or

(e)a home provided under section 82(5) of the Children Act 1989, F20. . .

(f)F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and B is accommodated and cared for in that institution.

(5)This subsection applies if A looks after persons under 18 who are receiving education at an educational institution and B is receiving, and A is not receiving, education at that institution.

(6)F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)This subsection applies if A is engaged in the provision of services under, or pursuant to anything done under—

(a)sections 8 to 10 of the Employment and Training Act 1973 (c. 50), or

[F23(b)section 68, 70(1)(b) or 74 of the Education and Skills Act 2008,

and, in that capacity, looks after B on an individual basis.

(8)This subsection applies if A regularly has unsupervised contact with B (whether face to face or by any other means)—

(a)in the exercise of functions of a local authority under section 20 or 21 of the Children Act 1989 (c. 41), F24. . .

(b)F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)This subsection applies if A, as a person who is to report to the court under section 7 of the Children Act 1989 F25. . . on matters relating to the welfare of B, regularly has unsupervised contact with B (whether face to face or by any other means).

(10)This subsection applies if A is a personal adviser appointed for B under—

(a)section 23B(2) of, or paragraph 19C of Schedule 2 to, the Children Act 1989, F26. . .

(b)F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and, in that capacity, looks after B on an individual basis.

(11)This subsection applies if—

(a)B is subject to a care order, a supervision order or an education supervision order, and

(b)in the exercise of functions conferred by virtue of the order on an authorised person or the authority designated by the order, A looks after B on an individual basis.

(12)This subsection applies if A—

(a)is an officer of the Service [F27or Welsh family proceedings officer (within the meaning given by section 35 of the Children Act 2004) appointed for B under section 41(1) of the Children Act 1989,

(b)is appointed a children’s guardian of B under rule 6 or rule 18 of the Adoption Rules 1984 (S.I. 1984/265), or

(c)is appointed to be the guardian ad litem of B under rule 9.5 of the Family Proceedings Rules 1991 (S. I. 1991/1247) F28. . . ,

and, in that capacity, regularly has unsupervised contact with B (whether face to face or by any other means).

(13)This subsection applies if—

(a)B is subject to requirements imposed by or under an enactment on his release from detention for a criminal offence, or is subject to requirements imposed by a court order made in criminal proceedings, and

(b)A looks after B on an individual basis in pursuance of the requirements.

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Amendments (Textual)

F14Words in s. 21(3)(a) substituted (E.W.) (1.4.2011 for E. and otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44(4), Sch. 1 para. 15; S.I. 2010/2981, art. 4(a)

22Positions of trust: interpretationE+W+N.I.

[F29(1)The following provisions apply for the purposes of section 21.

(2)Subject to subsection (3), a person looks after persons under 18 if he is regularly involved in caring for, training, supervising or being in sole charge of such persons.

(3)A person (A) looks after another person (B) on an individual basis if—

(a)A is regularly involved in caring for, training or supervising B, and

(b)in the course of his involvement, A regularly has unsupervised contact with B (whether face to face or by any other means).

(4)A person receives education at an educational institution if—

(a)he is registered or otherwise enrolled as a pupil or student at the institution, or

(b)he receives education at the institution under arrangements with another educational institution at which he is so registered or otherwise enrolled.

(5)In section 21—

  • authority”—

    (a)

    in relation to England and Wales, means a local authority;

    (b)

    F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • care home” means an establishment which is a care home for the purposes of the Care Standards Act 2000 (c. 14);

  • care order” has—

    (a)

    in relation to England and Wales, the same meaning as in the Children Act 1989 (c. 41); F31. . .

    (b)

    F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • children’s home” has—

    (a)

    in relation to England and Wales, the meaning given by section 1 of the Care Standards Act 2000; F32. . .

    (b)

    F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • community home” has the meaning given by section 53 of the Children Act 1989;

  • education supervision order” has—

    (a)

    in relation to England and Wales, the meaning given by section 36 of the Children Act 1989; F33. . .

    (b)

    F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F34hospital” means—

    (a)

    a hospital as defined by section 275 of the National Health Service Act 2006, or section 206 of the National Health Service (Wales) Act 2006; or

    (b)

    any other establishment—

    (i)

    in England, in which any of the services listed in subsection (6) are provided; and

    (ii)

    in Wales, which is a hospital within the meaning given by section 2(3) of the Care Standards Act 2000;

  • independent clinic” has—

    (a)

    F35. . . the meaning given by section 2 of the Care Standards Act 2000;

    (b)

    F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • supervision order” has—

    (a)

    in relation to England and Wales, the meaning given by section 31(11) of the Children Act 1989 (c. 41);F38. . .

    (b)

    F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • voluntary home” has—

    (a)

    in relation to England and Wales, the meaning given by section 60(3) of the Children Act 1989. F39. . .

    (b)

    F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F40(6)The services referred to in paragraph (b)(i) of the definition of “hospital” are as follows—

(a)medical treatment under anaesthesia or intravenously administered sedation;

(b)dental treatment under general anaesthesia;

(c)obstetric services and, in connection with childbirth, medical services;

(d)termination of pregnancies;

(e)cosmetic surgery, other than—

(i)ear and body piercing;

(ii)tattooing;

(iii)the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; or

(iv)the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.

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Amendments (Textual)

F31S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "care order" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(b); S.R. 2008/510, art. 2

F32S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "children's home" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(c); S.R. 2008/510, art. 2

F33S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "education supervision order" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(d); S.R. 2008/510, art. 2

F36S. 22(5): paragraph (b) of the definition of "independent clinic" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(f); S.R. 2008/510, art. 2

F37S. 22(5): definitions of "private hospital", "residential care home" and "residential family centre" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(g); S.R. 2008/510, art. 2

F38S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "supervision order" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(h); S.R. 2008/510, art. 2

F39S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "voluntary home" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(i); S.R. 2008/510, art. 2

23Sections 16 to 19: [F41exception for spouses and civil partnersE+W+N.I.

[F42(1)Conduct by a person (A) which would otherwise be an offence under any of sections 16 to 19 against another person (B) is not an offence under that section if at the time —

(a)B is 16 or over, and

(b)A and B are lawfully married [F43or civil partners of each other.

(2)In proceedings for such an offence it is for the defendant to prove that A and B [F44were at the time lawfully married or civil partners of each other.

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Amendments (Textual)

24Sections 16 to 19: sexual relationships which pre-date position of trustE+W+N.I.

[F45(1)Conduct by a person (A) which would otherwise be an offence under any of sections 16 to 19 against another person (B) is not an offence under that section if, immediately before the position of trust arose, a sexual relationship existed between A and B.

(2)Subsection (1) does not apply if at that time sexual intercourse between A and B would have been unlawful.

(3)In proceedings for an offence under any of sections 16 to 19 it is for the defendant to prove that such a relationship existed at that time.

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Amendments (Textual)

Familial child sex offencesE+W

25Sexual activity with a child family memberE+W

(1)A person (A) commits an offence if—

(a)he intentionally touches another person (B),

(b)the touching is sexual,

(c)the relation of A to B is within section 27,

(d)A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and

(e)either—

(i)B is under 18 and A does not reasonably believe that B is 18 or over, or

(ii)B is under 13.

(2)Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.

(3)Where in proceedings for an offence under this section it is proved that the relation of the defendant to the other person was of a description falling within section 27, it is to be taken that the defendant knew or could reasonably have been expected to know that his relation to the other person was of that description unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that it was.

(4)A person guilty of an offence under this section, if aged 18 or over at the time of the offence, is liable—

(a)where subsection (6) applies, on conviction on indictment to imprisonment for a term not exceeding 14 years;

(b)in any other case—

(i)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(ii)on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(5)Unless subsection (4) applies, a person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(6)This subsection applies where the touching involved—

(a)penetration of B’s anus or vagina with a part of A’s body or anything else,

(b)penetration of B’s mouth with A’s penis,

(c)penetration of A’s anus or vagina with a part of B’s body, or

(d)penetration of A’s mouth with B’s penis.

26Inciting a child family member to engage in sexual activityE+W

(1)A person (A) commits an offence if—

(a)he intentionally incites another person (B) to touch, or allow himself to be touched by, A,

(b)the touching is sexual,

(c)the relation of A to B is within section 27,

(d)A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and

(e)either—

(i)B is under 18 and A does not reasonably believe that B is 18 or over, or

(ii)B is under 13.

(2)Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.

(3)Where in proceedings for an offence under this section it is proved that the relation of the defendant to the other person was of a description falling within section 27, it is to be taken that the defendant knew or could reasonably have been expected to know that his relation to the other person was of that description unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that it was.

(4)A person guilty of an offence under this section, if he was aged 18 or over at the time of the offence, is liable—

(a)where subsection (6) applies, on conviction on indictment to imprisonment for a term not exceeding 14 years;

(b)in any other case—

(i)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(ii)on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(5)Unless subsection (4) applies, a person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(6)This subsection applies where the touching to which the incitement related involved—

(a)penetration of B’s anus or vagina with a part of A’s body or anything else,

(b)penetration of B’s mouth with A’s penis,

(c)penetration of A’s anus or vagina with a part of B’s body, or

(d)penetration of A’s mouth with B’s penis.

27Family relationshipsE+W

(1)The relation of one person (A) to another (B) is within this section if—

(a)it is within any of subsections (2) to (4), or

(b)it would be within one of those subsections but for [F46section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 (c. 38) (status conferred by adoption).

(2)The relation of A to B is within this subsection if—

(a)one of them is the other’s parent, grandparent, brother, sister, half-brother, half-sister, aunt or uncle, or

(b)A is or has been B’s foster parent.

(3)The relation of A to B is within this subsection if A and B live or have lived in the same household, or A is or has been regularly involved in caring for, training, supervising or being in sole charge of B, and—

(a)one of them is or has been the other’s step-parent,

(b)A and B are cousins,

(c)one of them is or has been the other’s stepbrother or stepsister, or

(d)the parent or present or former foster parent of one of them is or has been the other’s foster parent.

(4)The relation of A to B is within this subsection if—

(a)A and B live in the same household, and

(b)A is regularly involved in caring for, training, supervising or being in sole charge of B.

(5)For the purposes of this section—

(a)aunt” means the sister or half-sister of a person’s parent, and “uncle” has a corresponding meaning;

(b)cousin” means the child of an aunt or uncle;

(c)a person is a child’s foster parent if

[F47(i)he is a person with whom the child has been placed under section 22C of the Children Act 1989 in a placement falling within subsection (6)(a) or (b) of that section (placement with local authority foster parent),

(ia)he is a person with whom the child has been placed under section 59(1)(a) of that Act (placement by voluntary organisation),

(ii)he fosters the child privately, within the meaning given by section 66(1)(b) of that Act;

(d)a person is another’s partner (whether they are of different sexes or the same sex) if they live together as partners in an enduring family relationship;

(e)step-parent” includes a parent’s partner and “stepbrother” and “stepsister” include the child of a parent’s partner.

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Amendments (Textual)

F47S. 27(5)(c)(i)(ia) substituted for s. 27(5)(c)(i) (1.4.2011 for E. and otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44(4), Sch. 1 para. 16; S.I. 2010/2981, art. 4(a)

28Sections 25 and 26: [F48exception for spouses and civil partnersE+W

(1)Conduct by a person (A) which would otherwise be an offence under section 25 or 26 against another person (B) is not an offence under that section if at the time—

(a)B is 16 or over, and

(b)A and B are lawfully married [F49or civil partners of each other.

(2)In proceedings for such an offence it is for the defendant to prove that A and B [F50were at the time lawfully married or civil partners of each other.

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Amendments (Textual)

29Sections 25 and 26: sexual relationships which pre-date family relationshipsE+W

(1)Conduct by a person (A) which would otherwise be an offence under section 25 or 26 against another person (B) is not an offence under that section if—

(a)the relation of A to B is not within subsection (2) of section 27,

(b)it would not be within that subsection if [F51section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 (c. 38) did not apply, and

(c)immediately before the relation of A to B first became such as to fall within section 27, a sexual relationship existed between A and B.

(2)Subsection (1) does not apply if at the time referred to in subsection (1)(c) sexual intercourse between A and B would have been unlawful.

(3)In proceedings for an offence under section 25 or 26 it is for the defendant to prove the matters mentioned in subsection (1)(a) to (c).

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Amendments (Textual)

Offences against persons with a mental disorder impeding choiceE+W

30Sexual activity with a person with a mental disorder impeding choiceE+W

(1)A person (A) commits an offence if—

(a)he intentionally touches another person (B),

(b)the touching is sexual,

(c)B is unable to refuse because of or for a reason related to a mental disorder, and

(d)A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse.

(2)B is unable to refuse if—

(a)he lacks the capacity to choose whether to agree to the touching (whether because he lacks sufficient understanding of the nature or reasonably foreseeable consequences of what is being done, or for any other reason), or

(b)he is unable to communicate such a choice to A.

(3)A person guilty of an offence under this section, if the touching involved—

(a)penetration of B’s anus or vagina with a part of A’s body or anything else,

(b)penetration of B’s mouth with A’s penis,

(c)penetration of A’s anus or vagina with a part of B’s body, or

(d)penetration of A’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for life.

(4)Unless subsection (3) applies, a person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.

31Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activityE+W

(1)A person (A) commits an offence if—

(a)he intentionally causes or incites another person (B) to engage in an activity,

(b)the activity is sexual,

(c)B is unable to refuse because of or for a reason related to a mental disorder, and

(d)A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse.

(2)B is unable to refuse if—

(a)he lacks the capacity to choose whether to agree to engaging in the activity caused or incited (whether because he lacks sufficient understanding of the nature or reasonably foreseeable consequences of the activity, or for any other reason), or

(b)he is unable to communicate such a choice to A.

(3)A person guilty of an offence under this section, if the activity caused or incited involved—

(a)penetration of B’s anus or vagina,

(b)penetration of B’s mouth with a person’s penis,

(c)penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

(d)penetration of a person’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for life.

(4)Unless subsection (3) applies, a person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.

32Engaging in sexual activity in the presence of a person with a mental disorder impeding choiceE+W

(1)A person (A) commits an offence if—

(a)he intentionally engages in an activity,

(b)the activity is sexual,

(c)for the purpose of obtaining sexual gratification, he engages in it—

(i)when another person (B) is present or is in a place from which A can be observed, and

(ii)knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it,

(d)B is unable to refuse because of or for a reason related to a mental disorder, and

(e)A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse.

(2)B is unable to refuse if—

(a)he lacks the capacity to choose whether to agree to being present (whether because he lacks sufficient understanding of the nature of the activity, or for any other reason), or

(b)he is unable to communicate such a choice to A.

(3)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.

33Causing a person, with a mental disorder impeding choice, to watch a sexual actE+W

(1)A person (A) commits an offence if—

(a)for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,

(b)the activity is sexual,

(c)B is unable to refuse because of or for a reason related to a mental disorder, and

(d)A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse.

(2)B is unable to refuse if—

(a)he lacks the capacity to choose whether to agree to watching or looking (whether because he lacks sufficient understanding of the nature of the activity, or for any other reason), or

(b)he is unable to communicate such a choice to A.

(3)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.

Inducements etc. to persons with a mental disorderE+W

34Inducement, threat or deception to procure sexual activity with a person with a mental disorderE+W

(1)A person (A) commits an offence if—

(a)with the agreement of another person (B) he intentionally touches that person,

(b)the touching is sexual,

(c)A obtains B’s agreement by means of an inducement offered or given, a threat made or a deception practised by A for that purpose,

(d)B has a mental disorder, and

(e)A knows or could reasonably be expected to know that B has a mental disorder.

(2)A person guilty of an offence under this section, if the touching involved—

(a)penetration of B’s anus or vagina with a part of A’s body or anything else,

(b)penetration of B’s mouth with A’s penis,

(c)penetration of A’s anus or vagina with a part of B’s body, or

(d)penetration of A’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for life.

(3)Unless subsection (2) applies, a person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.

35Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deceptionE+W

(1)A person (A) commits an offence if—

(a)by means of an inducement offered or given, a threat made or a deception practised by him for this purpose, he intentionally causes another person (B) to engage in, or to agree to engage in, an activity,

(b)the activity is sexual,

(c)B has a mental disorder, and

(d)A knows or could reasonably be expected to know that B has a mental disorder.

(2)A person guilty of an offence under this section, if the activity caused or agreed to involved—

(a)penetration of B’s anus or vagina,

(b)penetration of B’s mouth with a person’s penis,

(c)penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

(d)penetration of a person’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for life.

(3)Unless subsection (2) applies, a person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.

36Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorderE+W

(1)A person (A) commits an offence if—

(a)he intentionally engages in an activity,

(b)the activity is sexual,

(c)for the purpose of obtaining sexual gratification, he engages in it—

(i)when another person (B) is present or is in a place from which A can be observed, and

(ii)knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it,

(d)B agrees to be present or in the place referred to in paragraph (c)(i) because of an inducement offered or given, a threat made or a deception practised by A for the purpose of obtaining that agreement,

(e)B has a mental disorder, and

(f)A knows or could reasonably be expected to know that B has a mental disorder.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.

37Causing a person with a mental disorder to watch a sexual act by inducement, threat or deceptionE+W

(1)A person (A) commits an offence if—

(a)for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,

(b)the activity is sexual,

(c)B agrees to watch or look because of an inducement offered or given, a threat made or a deception practised by A for the purpose of obtaining that agreement,

(d)B has a mental disorder, and

(e)A knows or could reasonably be expected to know that B has a mental disorder.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.

Care workers for persons with a mental disorderE+W

38Care workers: sexual activity with a person with a mental disorderE+W

(1)A person (A) commits an offence if—

(a)he intentionally touches another person (B),

(b)the touching is sexual,

(c)B has a mental disorder,

(d)A knows or could reasonably be expected to know that B has a mental disorder, and

(e)A is involved in B’s care in a way that falls within section 42.

(2)Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.

(3)A person guilty of an offence under this section, if the touching involved—

(a)penetration of B’s anus or vagina with a part of A’s body or anything else,

(b)penetration of B’s mouth with A’s penis,

(c)penetration of A’s anus or vagina with a part of B’s body, or

(d)penetration of A’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(4)Unless subsection (3) applies, a person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.

39Care workers: causing or inciting sexual activityE+W

(1)A person (A) commits an offence if—

(a)he intentionally causes or incites another person (B) to engage in an activity,

(b)the activity is sexual,

(c)B has a mental disorder,

(d)A knows or could reasonably be expected to know that B has a mental disorder, and

(e)A is involved in B’s care in a way that falls within section 42.

(2)Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.

(3)A person guilty of an offence under this section, if the activity caused or incited involved—

(a)penetration of B’s anus or vagina,

(b)penetration of B’s mouth with a person’s penis,

(c)penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

(d)penetration of a person’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(4)Unless subsection (3) applies, a person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.

40Care workers: sexual activity in the presence of a person with a mental disorderE+W

(1)A person (A) commits an offence if—

(a)he intentionally engages in an activity,

(b)the activity is sexual,

(c)for the purpose of obtaining sexual gratification, he engages in it—

(i)when another person (B) is present or is in a place from which A can be observed, and

(ii)knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it,

(d)B has a mental disorder,

(e)A knows or could reasonably be expected to know that B has a mental disorder, and

(f)A is involved in B’s care in a way that falls within section 42.

(2)Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.

(3)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 7 years.

41Care workers: causing a person with a mental disorder to watch a sexual actE+W

(1)A person (A) commits an offence if—

(a)for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,

(b)the activity is sexual,

(c)B has a mental disorder,

(d)A knows or could reasonably be expected to know that B has a mental disorder, and

(e)A is involved in B’s care in a way that falls within section 42.

(2)Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.

(3)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 7 years.

42Care workers: interpretationE+W

(1)For the purposes of sections 38 to 41, a person (A) is involved in the care of another person (B) in a way that falls within this section if any of subsections (2) to (4) applies.

(2)This subsection applies if—

(a)B is accommodated and cared for in a care home, community home, voluntary home or children’s home, and

(b)A has functions to perform in the home in the course of employment which have brought him or are likely to bring him into regular face to face contact with B.

[F52(3)This subsection applies if B is a patient for whom services are provided—

(a)by a National Health Service body or an independent medical agency;

(b)in an independent hospital; or

(c)in Wales, in an independent clinic,

and A has functions to perform for the body or agency or in the hospital or clinic in the course of employment which have brought A or are likely to bring A into regular face to face contact with B.

(4)This subsection applies if A—

(a)is, whether or not in the course of employment, a provider of care, assistance or services to B in connection with B’s mental disorder, and

(b)as such, has had or is likely to have regular face to face contact with B.

(5)In this section—

  • care home” means an establishment which is a care home for the purposes of the Care Standards Act 2000 (c. 14);

  • children’s home” has the meaning given by section 1 of that Act;

  • community home” has the meaning given by section 53 of the Children Act 1989 (c. 41);

  • employment” means any employment, whether paid or unpaid and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract;

  • [F53independent clinic” has the meaning given by section 2 of the Care Standards Act 2000;

“independent hospital”—

(a)in England, means—

(i)a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; or

(ii)any other establishment in which any of the services listed in section 22(6) are provided and which is not a health service hospital as so defined; and

(b)in Wales, has the meaning given by section 2 of the Care Standards Act 2000;

  • independent medical agency” means an undertaking (not being an independent hospital, or in Wales an independent clinic) which consists of or includes the provision of services by medical practitioners;

  • National Health Service body” means—

    (a)

    a [F54Local Health Board ,

    (b)

    a National Health Service trust,

    (c)

    a Primary Care Trust, or

    (d)

    a Special Health Authority;

  • voluntary home” has the meaning given by section 60(3) of the Children Act 1989.

[F55(6)In subsection (5), in the definition of “independent medical agency”, “undertaking” includes any business or profession and—

(a)in relation to a public or local authority, includes the exercise of any functions of that authority; and

(b)in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body.

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Amendments (Textual)

F53S. 42(5): definitions of "independent clinic", "independent hospital" and "independent medical emergency" substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(4)(b)

F54S. 42(5): words in definition of "National Health Service body" substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 33

43Sections 38 to 41: [F56exception for spouses and civil partnersE+W

(1)Conduct by a person (A) which would otherwise be an offence under any of sections 38 to 41 against another person (B) is not an offence under that section if at the time—

(a)B is 16 or over, and

(b)A and B are lawfully married [F57or civil partners of each other.

(2)In proceedings for such an offence it is for the defendant to prove that A and B [F58were at the time lawfully married or civil partners of each other.

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Amendments (Textual)

44Sections 38 to 41: sexual relationships which pre-date care relationshipsE+W

(1)Conduct by a person (A) which would otherwise be an offence under any of sections 38 to 41 against another person (B) is not an offence under that section if, immediately before A became involved in B’s care in a way that falls within section 42, a sexual relationship existed between A and B.

(2)Subsection (1) does not apply if at that time sexual intercourse between A and B would have been unlawful.

(3)In proceedings for an offence under any of sections 38 to 41 it is for the defendant to prove that such a relationship existed at that time.

Indecent photographs of childrenE+W

45Indecent photographs of persons aged 16 or 17E+W

(1)The Protection of Children Act 1978 (c. 37) (which makes provision about indecent photographs of persons under 16) is amended as follows.

(2)In section 2(3) (evidence) and section 7(6) (meaning of “child”), for “16” substitute “ 18 ”.

(3)After section 1 insert—

1AMarriage and other relationships

(1)This section applies where, in proceedings for an offence under section 1(1)(a) of taking or making an indecent photograph of a child, or for an offence under section 1(1)(b) or (c) relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time of the offence charged the child and he—

(a)were married, or

(b)lived together as partners in an enduring family relationship.

(2)Subsections (5) and (6) also apply where, in proceedings for an offence under section 1(1)(b) or (c) relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he—

(a)were married, or

(b)lived together as partners in an enduring family relationship.

(3)This section applies whether the photograph showed the child alone or with the defendant, but not if it showed any other person.

(4)In the case of an offence under section 1(1)(a), if sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph being taken or made, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented.

(5)In the case of an offence under section 1(1)(b), the defendant is not guilty of the offence unless it is proved that the showing or distributing was to a person other than the child.

(6)In the case of an offence under section 1(1)(c), if sufficient evidence is adduced to raise an issue both—

(a)as to whether the child consented to the photograph being in the defendant’s possession, or as to whether the defendant reasonably believed that the child so consented, and

(b)as to whether the defendant had the photograph in his possession with a view to its being distributed or shown to anyone other than the child,

the defendant is not guilty of the offence unless it is proved either that the child did not so consent and that the defendant did not reasonably believe that the child so consented, or that the defendant had the photograph in his possession with a view to its being distributed or shown to a person other than the child.

(4)After section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of child) insert—

160AMarriage and other relationships

(1)This section applies where, in proceedings for an offence under section 160 relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time of the offence charged the child and he—

(a)were married, or

(b)lived together as partners in an enduring family relationship.

(2)This section also applies where, in proceedings for an offence under section 160 relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he—

(a)were married, or

(b)lived together as partners in an enduring family relationship.

(3)This section applies whether the photograph showed the child alone or with the defendant, but not if it showed any other person.

(4)If sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph being in the defendant’s possession, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented.

46Criminal proceedings, investigations etc.E+W+N.I.

(1)After section 1A of the Protection of Children Act 1978 (c. 37) insert—

1BException for criminal proceedings, investigations etc.

(1)In proceedings for an offence under section 1(1)(a) of making an indecent photograph or pseudo-photograph of a child, the defendant is not guilty of the offence if he proves that—

(a)it was necessary for him to make the photograph or pseudo-photograph for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world,

(b)at the time of the offence charged he was a member of the Security Service, and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of the Service, or

(c)at the time of the offence charged he was a member of GCHQ, and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of GCHQ.

(2)In this section “GCHQ” has the same meaning as in the Intelligence Services Act 1994.

(2)After Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) insert—

3AException for criminal proceedings, investigations etc.

(1)In proceedings for an offence under Article 3(1)(a) of making an indecent photograph or pseudo-photograph of a child, the defendant is not guilty of the offence if he proves that—

(a)it was necessary for him to make the photograph or pseudo-photograph for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world,

(b)at the time of the offence charged he was a member of the Security Service, and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of the Service, or

(c)at the time of the offence charged he was a member of GCHQ, and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of GCHQ.

(2)In this Article “GCHQ” has the same meaning as in the Intelligence Services Act 1994.

Abuse of children through prostitution and pornographyE+W+N.I.

47Paying for sexual services of a childE+W+N.I.

[F59(1)A person (A) commits an offence if—

(a)he intentionally obtains for himself the sexual services of another person (B),

(b)before obtaining those services, he has made or promised payment for those services to B or a third person, or knows that another person has made or promised such a payment, and

(c)either—

(i)B is under 18, and A does not reasonably believe that B is 18 or over, or

(ii)B is under 13.

(2)In this section, “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.

(3)A person guilty of an offence under this section against a person under 13, where subsection (6) applies, is liable on conviction on indictment to imprisonment for life.

(4)Unless subsection (3) applies, a person guilty of an offence under this section against a person under 16 is liable—

(a)where subsection (6) applies, on conviction on indictment, to imprisonment for a term not exceeding 14 years;

(b)in any other case—

(i)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(ii)on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(5)Unless subsection (3) or (4) applies, a person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 7 years.

(6)This subsection applies where the offence involved—

(a)penetration of B’s anus or vagina with a part of A’s body or anything else,

(b)penetration of B’s mouth with A’s penis,

(c)penetration of A’s anus or vagina with a part of B’s body or by B with anything else, or

(d)penetration of A’s mouth with B’s penis.

(7)F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

48Causing or inciting child prostitution or pornographyE+W+N.I.

[F61(1)A person (A) commits an offence if—

(a)he intentionally causes or incites another person (B) to become a prostitute, or to be involved in pornography, in any part of the world, and

(b)either—

(i)B is under 18, and A does not reasonably believe that B is 18 or over, or

(ii)B is under 13.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.

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Amendments (Textual)

49Controlling a child prostitute or a child involved in pornographyE+W+N.I.

[F62(1)A person (A) commits an offence if—

(a)he intentionally controls any of the activities of another person (B) relating to B’s prostitution or involvement in pornography in any part of the world, and

(b)either—

(i)B is under 18, and A does not reasonably believe that B is 18 or over, or

(ii)B is under 13.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.

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Amendments (Textual)

50Arranging or facilitating child prostitution or pornographyE+W+N.I.

[F63(1)A person (A) commits an offence if—

(a)he intentionally arranges or facilitates the prostitution or involvement in pornography in any part of the world of another person (B), and

(b)either—

(i)B is under 18, and A does not reasonably believe that B is 18 or over, or

(ii)B is under 13.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.

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Amendments (Textual)

51Sections 48 to 50: interpretationE+W+N.I.

[F64(1)For the purposes of sections 48 to 50, a person is involved in pornography if an indecent image of that person is recorded; and similar expressions, and “pornography”, are to be interpreted accordingly.

(2)In those sections “prostitute” means a person (A) who, on at least one occasion and whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment to A or a third person; and “prostitution” is to be interpreted accordingly.

(3)In subsection (2), “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.

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Amendments (Textual)

[F65ProstitutionE+W+N.I.

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Amendments (Textual)

F65Heading "becomes "Prostitution"" (1.4.2010) by virtue of Policing and Crime Act 2009 (c. 26), ss. {19}, 116(1); S.I. 2010/507, art. 5(f) (with transitional and savings provision in art. 6)

[F6651ASolicitingE+W+N.I.

(1)It is an offence for a person in a street or public place to solicit another (B) for the purpose of obtaining B's sexual services as a prostitute.

(2)The reference to a person in a street or public place includes a person in a vehicle in a street or public place.

(3)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)In this section “street” has the meaning given by section 1(4) of the Street Offences Act 1959.

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Amendments (Textual)

F66S. 51A inserted (1.4.2010) by Policing and Crime Act 2009, {ss. 19}, 116(1); S.I. 2010/507, art. 5(f) (with art. 6)

52Causing or inciting prostitution for gainE+W+N.I.

[F67(1)A person commits an offence if—

(a)he intentionally causes or incites another person to become a prostitute in any part of the world, and

(b)he does so for or in the expectation of gain for himself or a third person.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 7 years.

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Amendments (Textual)

53Controlling prostitution for gainE+W+N.I.

[F68(1)A person commits an offence if—

(a)he intentionally controls any of the activities of another person relating to that person’s prostitution in any part of the world, and

(b)he does so for or in the expectation of gain for himself or a third person.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 7 years.

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Amendments (Textual)

[F6953APaying for sexual services of a prostitute subjected to force etc.E+W+N.I.

(1)A person (A) commits an offence if—

(a)A makes or promises payment for the sexual services of a prostitute (B),

(b)a third person (C) has engaged in exploitative conduct of a kind likely to induce or encourage B to provide the sexual services for which A has made or promised payment, and

(c)C engaged in that conduct for or in the expectation of gain for C or another person (apart from A or B).

(2)The following are irrelevant—

(a)where in the world the sexual services are to be provided and whether those services are provided,

(b)whether A is, or ought to be, aware that C has engaged in exploitative conduct.

(3)C engages in exploitative conduct if—

(a)C uses force, threats (whether or not relating to violence) or any other form of coercion, or

(b)C practises any form of deception.

(4)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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Amendments (Textual)

F69S. 53A inserted (1.4.2010) by Policing and Crime Act 2009, {ss. 14}, 116(1); S.I. 2010/507, art. 5(a) (subject to art. 6)

54[F70Sections 51A to 53A: interpretationE+W+N.I.

[F71(1)In [F72sections 52, 53 and 53A, “gain” means—

(a)any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount; or

(b)the goodwill of any person which is or appears likely, in time, to bring financial advantage.

(2)In [F73sections 51A, 52, 53 and 53Aprostitute” and “prostitution” have the meaning given by section 51(2).

[F74(3)In section 53A “payment” has the meaning given by section 51(3).

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Amendments (Textual)

F70S. 54 heading: words substituted (1.4.2010) by Policing and Crime Act 2009, ss. 112(1), 116(1), {Sch. 7 para. 24(d)}; S.I. 2010/507, art. 5(v) (with transitional and savings provision in art. 6)

F72Words in s. 54(1) substituted (1.4.2010) by Policing and Crime Act 2009, ss. 112(1), 116(1), {Sch. 7 para. 24(a)}; S.I. 2010/507, art. 5(v) (subject to art. 6)

F73Words in s. 54(2) substituted (1.4.2010) by Policing and Crime Act 2009, ss. 112(1), 116(1), {Sch. 7 para. 24(b)}; S.I. 2010/507, art. 5(v) (subject to art. 6)

F74S. 54(3) inserted (1.4.2010) by Policing and Crime Act 2009, ss. 112(1), 116(1), {Sch. 7 para. 24(c)}; S.I. 2010/507, art. 5(v) (subject to art. 6)

Amendments relating to prostitutionE+W

55Penalties for keeping a brothel used for prostitutionE+W

(1)The Sexual Offences Act 1956 (c. 69) is amended as follows.

(2)After section 33 insert—

33AKeeping a brothel used for prostitution

(1)It is an offence for a person to keep, or to manage, or act or assist in the management of, a brothel to which people resort for practices involving prostitution (whether or not also for other practices).

(2)In this section “prostitution” has the meaning given by section 51(2) of the Sexual Offences Act 2003.

(3)In Schedule 2 (mode of prosecution, punishment etc.), after paragraph 33 insert (as a paragraph with no entry in the fourth column)—

33AKeeping a brothel used for prostitution (section 33A).

(i) on indictment

(ii) summarily

Seven years

Six months, or the statutory maximum, or both.

56Extension of gender-specific prostitution offencesE+W

Schedule 1 (extension of gender-specific prostitution offences) has effect.

TraffickingE+W+N.I.

57Trafficking into the UK for sexual exploitationE+W+N.I.

(1)A person commits an offence if he intentionally arranges or facilitates the arrival in [F75, or the entry into, the United Kingdom of another person (B) and either—

(a)he intends to do anything to or in respect of B, after B’s arrival but in any part of the world, which if done will involve the commission of a relevant offence, or

(b)he believes that another person is likely to do something to or in respect of B, after B’s arrival but in any part of the world, which if done will involve the commission of a relevant offence.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.

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Amendments (Textual)

58Trafficking within the UK for sexual exploitationE+W+N.I.

(1)A person commits an offence if he intentionally arranges or facilitates travel within the United Kingdom by another person (B) and either—

(a)he intends to do anything to or in respect of B, during or after the journey and in any part of the world, which if done will involve the commission of a relevant offence, or

(b)he believes that another person is likely to do something to or in respect of B, during or after the journey and in any part of the world, which if done will involve the commission of a relevant offence.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.

59Trafficking out of the UK for sexual exploitationE+W+N.I.

(1)A person commits an offence if he intentionally arranges or facilitates the departure from the United Kingdom of another person (B) and either—

(a)he intends to do anything to or in respect of B, after B’s departure but in any part of the world, which if done will involve the commission of a relevant offence, or

(b)he believes that another person is likely to do something to or in respect of B, after B’s departure but in any part of the world, which if done will involve the commission of a relevant offence.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.

60Sections 57 to 59: interpretation and jurisdictionE+W+N.I.

(1)In sections 57 to 59, “relevant offence” means—

(a)an offence under this Part,

(b)an offence under section 1(1)(a) of the Protection of Children Act 1978 (c. 37),

[F76(ba)an offence under any provision of the Sexual Offences (Northern Ireland) Order 2008,

(c)an offence listed in Schedule 1 to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)),

(d)an offence under Article 3(1)(a) of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)), or

(e)anything done outside England and Wales and Northern Ireland which is not an offence within any of paragraphs (a) to (d) but would be if done in England and Wales or Northern Ireland.

[F77(2)Sections 57 to 59 apply to anything done whether inside or outside the United Kingdom.

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Amendments (Textual)

F77S. 60(2) substituted (31.1.2008) for s. 60(2)(3) by UK Borders Act 2007 (c. 30), ss. 31(4), 59; S.I. 2008/99, art. 2(l)

[F7860AForfeiture of land vehicle, ship or aircraftE+W+N.I.

(1)This section applies if a person is convicted on indictment of an offence under sections 57 to 59.

(2)The court may order the forfeiture of a land vehicle used or intended to be used in connection with the offence if the convicted person—

(a)owned the vehicle at the time the offence was committed;

(b)was at that time a director, secretary or manager of a company which owned the vehicle;

(c)was at that time in possession of the vehicle under a hire-purchase agreement;

(d)was at that time a director, secretary or manager of a company which was in possession of the vehicle under a hire-purchase agreement; or

(e)was driving the vehicle in the course of the commission of the offence.

(3)The court may order the forfeiture of a ship or aircraft used or intended to be used in connection with the offence if the convicted person—

(a)owned the ship or aircraft at the time the offence was committed;

(b)was at that time a director, secretary or manager of a company which owned the ship or aircraft;

(c)was at that time in possession of the ship or aircraft under a hire-purchase agreement;

(d)was at that time a director, secretary or manager of a company which was in possession of the ship or aircraft under a hire-purchase agreement;

(e)was at that time a charterer of the ship or aircraft; or

(f)committed the offence while acting as captain of the ship or aircraft.

(4)But in a case to which subsection (3)(a) or (b) does not apply, forfeiture may be ordered only—

(a)in the case of a ship, if subsection (5) or (6) applies;

(b)in the case of an aircraft, if subsection (5) or (7) applies.

(5)This subsection applies where a person who, at the time the offence was committed, owned the ship or aircraft or was a director, secretary or manager of a company which owned it, knew or ought to have known of the intention to use it in the course of the commission of an offence under sections 57 to 59.

(6)This subsection applies where a ship's gross tonnage is less than 500 tons.

(7)This subsection applies where the maximum weight at which an aircraft (which is not a hovercraft) may take off in accordance with its certificate of airworthiness is less than 5,700 kilogrammes.

(8)Where a person who claims to have an interest in a land vehicle, ship or aircraft applies to a court to make representations on the question of forfeiture, the court may not make an order under this section in respect of the vehicle, ship or aircraft unless the person has been given an opportunity to make representations.

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Amendments (Textual)

60BDetention of land vehicle, ship or aircraftE+W+N.I.

(1)If a person has been arrested for an offence under sections 57 to 59, a constable or a senior immigration officer may detain a relevant vehicle, ship or aircraft—

(a)until a decision is taken as to whether or not to charge the arrested person with that offence;

(b)if the arrested person has been charged, until he is acquitted, the charge against him is dismissed or the proceedings are discontinued; or

(c)if he has been charged and convicted, until the court decides whether or not to order forfeiture of the vehicle, ship or aircraft.

(2)A vehicle, ship or aircraft is a relevant vehicle, ship or aircraft, in relation to an arrested person if it is a land vehicle, ship or aircraft which the constable or officer concerned has reasonable grounds for believing could, on conviction of the arrested person for the offence for which he was arrested, be the subject of an order for forfeiture made under section 60A.

(3)A person (other than the arrested person) may apply to the court for the release of a land vehicle, ship or aircraft on the grounds that—

(a)he owns the vehicle, ship or aircraft;

(b)he was, immediately before the detention of the vehicle, ship or aircraft, in possession of it under a hire-purchase agreement; or

(c)he is a charterer of the ship or aircraft.

(4)The court to which an application is made under subsection (3) may, on such security or surety being tendered as it considers satisfactory, release the vehicle, ship or aircraft on condition that it is made available to the court if—

(a)the arrested person is convicted; and

(b)an order for its forfeiture is made under section 60A.

(5)In this section, “court” means—

(a)in relation to England and Wales—

(i)if the arrested person has not been charged, or he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;

(ii)if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings;

(b)in relation to Northern Ireland—

(i)if the arrested person has not been charged, a magistrates' court for the county court division in which he was arrested;

(ii)if he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court for the county court division in which he was charged;

(iii)if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings.

(6)In this section, “senior immigration officer” means an immigration officer (appointed or employed as such under the Immigration Act 1971) not below the rank of chief immigration officer.

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Amendments (Textual)

60CSections 60A and 60B: interpretationE+W+N.I.

(1)In this section and sections 60A and 60B, unless the contrary intention appears—

  • aircraft” includes hovercraft;

  • captain” means master (of a ship) or commander (of an aircraft);

  • land vehicle” means any vehicle other than a ship or aircraft;

  • ship” includes every description of vessel used in navigation.

(2)In sections 60A and 60B, a reference to being an owner of a vehicle, ship or aircraft includes a reference to being any of a number of persons who jointly own it.

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Amendments (Textual)

Preparatory offencesE+W

61Administering a substance with intentE+W

(1)A person commits an offence if he intentionally administers a substance to, or causes a substance to be taken by, another person (B)—

(a)knowing that B does not consent, and

(b)with the intention of stupefying or overpowering B, so as to enable any person to engage in a sexual activity that involves B.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.

62Committing an offence with intent to commit a sexual offenceE+W

(1)A person commits an offence under this section if he commits any offence with the intention of committing a relevant sexual offence.

(2)In this section, “relevant sexual offence” means any offence under this Part (including an offence of aiding, abetting, counselling or procuring such an offence).

(3)A person guilty of an offence under this section is liable on conviction on indictment, where the offence is committed by kidnapping or false imprisonment, to imprisonment for life.

(4)Unless subsection (3) applies, a person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.

63Trespass with intent to commit a sexual offenceE+W

(1)A person commits an offence if—

(a)he is a trespasser on any premises,

(b)he intends to commit a relevant sexual offence on the premises, and

(c)he knows that, or is reckless as to whether, he is a trespasser.

(2)In this section—

  • premises” includes a structure or part of a structure;

  • relevant sexual offence” has the same meaning as in section 62;

  • structure” includes a tent, vehicle or vessel or other temporary or movable structure.

(3)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.

Sex with an adult relativeE+W

64Sex with an adult relative: penetrationE+W

(1)A person aged 16 or over (A) [F79(subject to subsection (3A)) commits an offence if—

(a)he intentionally penetrates another person’s vagina or anus with a part of his body or anything else, or penetrates another person’s mouth with his penis,

(b)the penetration is sexual,

(c)the other person (B) is aged 18 or over,

(d)A is related to B in a way mentioned in subsection (2), and

(e)A knows or could reasonably be expected to know that he is related to B in that way.

(2)The ways that A may be related to B are as parent, grandparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece.

(3)In subsection (2)—

[F80(za)parent” includes an adoptive parent;

(zb)child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;

(a)uncle” means the brother of a person’s parent, and “aunt” has a corresponding meaning;

(b)nephew” means the child of a person’s brother or sister, and “niece” has a corresponding meaning.

[F81(3A)Where subsection (1) applies in a case where A is related to B as B's child by virtue of subsection (3)(zb), A does not commit an offence under this section unless A is 18 or over.

(4)Where in proceedings for an offence under this section it is proved that the defendant was related to the other person in any of those ways, it is to be taken that the defendant knew or could reasonably have been expected to know that he was related in that way unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that he was.

(5)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years.

[F82(6)Nothing in—

(a)section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or

(b)section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date),

is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3)(za) and (zb) above.

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Amendments (Textual)

Modifications etc. (not altering text)

65Sex with an adult relative: consenting to penetrationE+W

(1)A person aged 16 or over (A) [F83(subject to subsection (3A)) commits an offence if—

(a)another person (B) penetrates A’s vagina or anus with a part of B’s body or anything else, or penetrates A’s mouth with B’s penis,

(b)A consents to the penetration,

(c)the penetration is sexual,

(d)B is aged 18 or over,

(e)A is related to B in a way mentioned in subsection (2), and

(f)A knows or could reasonably be expected to know that he is related to B in that way.

(2)The ways that A may be related to B are as parent, grandparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece.

(3)In subsection (2)—

[F84(za)parent” includes an adoptive parent;

(zb)child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;

(a)uncle” means the brother of a person’s parent, and “aunt” has a corresponding meaning;

(b)nephew” means the child of a person’s brother or sister, and “niece” has a corresponding meaning.

[F85(3A)Where subsection (1) applies in a case where A is related to B as B's child by virtue of subsection (3)(zb), A does not commit an offence under this section unless A is 18 or over.

(4)Where in proceedings for an offence under this section it is proved that the defendant was related to the other person in any of those ways, it is to be taken that the defendant knew or could reasonably have been expected to know that he was related in that way unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that he was.

(5)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years.

[F86(6)Nothing in—

(a)section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or

(b)section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date),

is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3)(za) and (zb) above.

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Amendments (Textual)

Modifications etc. (not altering text)

Other offencesE+W+N.I.

66ExposureE+W+N.I.

[F87(1)A person commits an offence if—

(a)he intentionally exposes his genitals, and

(b)he intends that someone will see them and be caused alarm or distress.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years.

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Amendments (Textual)

67VoyeurismE+W+N.I.

[F88(1)A person commits an offence if—

(a)for the purpose of obtaining sexual gratification, he observes another person doing a private act, and

(b)he knows that the other person does not consent to being observed for his sexual gratification.

(2)A person commits an offence if—

(a)he operates equipment with the intention of enabling another person to observe, for the purpose of obtaining sexual gratification, a third person (B) doing a private act, and

(b)he knows that B does not consent to his operating equipment with that intention.

(3)A person commits an offence if—

(a)he records another person (B) doing a private act,

(b)he does so with the intention that he or a third person will, for the purpose of obtaining sexual gratification, look at an image of B doing the act, and

(c)he knows that B does not consent to his recording the act with that intention.

(4)A person commits an offence if he instals equipment, or constructs or adapts a structure or part of a structure, with the intention of enabling himself or another person to commit an offence under subsection (1).

(5)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years.

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Amendments (Textual)

68Voyeurism: interpretationE+W+N.I.

[F89(1)For the purposes of section 67, a person is doing a private act if the person is in a place which, in the circumstances, would reasonably be expected to provide privacy, and—

(a)the person’s genitals, buttocks or breasts are exposed or covered only with underwear,

(b)the person is using a lavatory, or

(c)the person is doing a sexual act that is not of a kind ordinarily done in public.

(2)In section 67, “structure” includes a tent, vehicle or vessel or other temporary or movable structure.

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Amendments (Textual)

69Intercourse with an animalE+W+N.I.

[F90(1)A person commits an offence if—

(a)he intentionally performs an act of penetration with his penis,

(b)what is penetrated is the vagina or anus of a living animal, and

(c)he knows that, or is reckless as to whether, that is what is penetrated.

(2)A person (A) commits an offence if—

(a)A intentionally causes, or allows, A’s vagina or anus to be penetrated,

(b)the penetration is by the penis of a living animal, and

(c)A knows that, or is reckless as to whether, that is what A is being penetrated by.

(3)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years.

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Amendments (Textual)

70Sexual penetration of a corpseE+W+N.I.

[F91(1)A person commits an offence if—

(a)he intentionally performs an act of penetration with a part of his body or anything else,

(b)what is penetrated is a part of the body of a dead person,

(c)he knows that, or is reckless as to whether, that is what is penetrated, and

(d)the penetration is sexual.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years.

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Amendments (Textual)

71Sexual activity in a public lavatoryE+W+N.I.

[F92(1)A person commits an offence if—

(a)he is in a lavatory to which the public or a section of the public has or is permitted to have access, whether on payment or otherwise,

(b)he intentionally engages in an activity, and,

(c)the activity is sexual.

(2)For the purposes of this section, an activity is sexual if a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider it to be sexual.

(3)A person guilty of an offence under this section is liable on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.

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Amendments (Textual)

Offences outside the United KingdomE+W+N.I.

[F9372Offences outside the United KingdomE+W+N.I.

[F94(1)If—

(a)a United Kingdom national does an act in a country outside the United Kingdom, and

(b)the act, if done in England and Wales F95. . . , would constitute a sexual offence to which this section applies,

the United Kingdom national is guilty in [F96England and Wales of that sexual offence.

(2)If—

(a)a United Kingdom resident does an act in a country outside the United Kingdom,

(b)the act constitutes an offence under the law in force in that country, and

(c)the act, if done in England and Wales F97. . . , would constitute a sexual offence to which this section applies,

the United Kingdom resident is guilty in [F98England and Wales of that sexual offence.

(3)If—

(a)a person does an act in a country outside the United Kingdom at a time when the person was not a United Kingdom national or a United Kingdom resident,

(b)the act constituted an offence under the law in force in that country,

(c)the act, if done in England and Wales F99. . . , would have constituted a sexual offence to which this section applies, and

(d)the person meets the residence or nationality condition at the relevant time,

proceedings may be brought against the person in [F100England and Wales for that sexual offence as if the person had done the act there.

(4)The person meets the residence or nationality condition at the relevant time if the person is a United Kingdom national or a United Kingdom resident at the time when the proceedings are brought.

(5)An act punishable under the law in force in any country constitutes an offence under that law for the purposes of subsections (2) and (3) however it is described in that law.

(6)The condition in subsection (2)(b) or (3)(b) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice—

(a)stating that, on the facts as alleged with respect to the act in question, the condition is not in the defendant's opinion met,

(b)showing the grounds for that opinion, and

(c)requiring the prosecution to prove that it is met.

(7)But the court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition is met without service of a notice under subsection (6).

(8)In the Crown Court the question whether the condition is met is to be decided by the judge alone.

(9)In this section—

  • country” includes territory;

  • United Kingdom national” means an individual who is—

    (a)

    a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;

    (b)

    a person who under the British Nationality Act 1981 is a British subject; or

    (c)

    a British protected person within the meaning of that Act;

  • United Kingdom resident” means an individual who is resident in the United Kingdom.

(10)Schedule 2 lists the sexual offences to which this section applies.

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Amendments (Textual)

Supplementary and generalE+W

73Exceptions to aiding, abetting and counsellingE+W

(1)A person is not guilty of aiding, abetting or counselling the commission against a child of an offence to which this section applies if he acts for the purpose of—

(a)protecting the child from sexually transmitted infection,

(b)protecting the physical safety of the child,

(c)preventing the child from becoming pregnant, or

(d)promoting the child’s emotional well-being by the giving of advice,

and not for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence or the child’s participation in it.

(2)This section applies to—

(a)an offence under any of sections 5 to 7 (offences against children under 13);

(b)an offence under section 9 (sexual activity with a child);

(c)an offence under section 13 which would be an offence under section 9 if the offender were aged 18;

(d)an offence under any of sections 16, 25, 30, 34 and 38 (sexual activity) against a person under 16.

(3)This section does not affect any other enactment or any rule of law restricting the circumstances in which a person is guilty of aiding, abetting or counselling an offence under this Part.

74“Consent”E+W

For the purposes of this Part, a person consents if he agrees by choice, and has the freedom and capacity to make that choice.

75Evidential presumptions about consentE+W

(1)If in proceedings for an offence to which this section applies it is proved—

(a)that the defendant did the relevant act,

(b)that any of the circumstances specified in subsection (2) existed, and

(c)that the defendant knew that those circumstances existed,

the complainant is to be taken not to have consented to the relevant act unless sufficient evidence is adduced to raise an issue as to whether he consented, and the defendant is to be taken not to have reasonably believed that the complainant consented unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.

(2)The circumstances are that—

(a)any person was, at the time of the relevant act or immediately before it began, using violence against the complainant or causing the complainant to fear that immediate violence would be used against him;

(b)any person was, at the time of the relevant act or immediately before it began, causing the complainant to fear that violence was being used, or that immediate violence would be used, against another person;

(c)the complainant was, and the defendant was not, unlawfully detained at the time of the relevant act;

(d)the complainant was asleep or otherwise unconscious at the time of the relevant act;

(e)because of the complainant’s physical disability, the complainant would not have been able at the time of the relevant act to communicate to the defendant whether the complainant consented;

(f)any person had administered to or caused to be taken by the complainant, without the complainant’s consent, a substance which, having regard to when it was administered or taken, was capable of causing or enabling the complainant to be stupefied or overpowered at the time of the relevant act.

(3)In subsection (2)(a) and (b), the reference to the time immediately before the relevant act began is, in the case of an act which is one of a continuous series of sexual activities, a reference to the time immediately before the first sexual activity began.

76Conclusive presumptions about consentE+W

(1)If in proceedings for an offence to which this section applies it is proved that the defendant did the relevant act and that any of the circumstances specified in subsection (2) existed, it is to be conclusively presumed—

(a)that the complainant did not consent to the relevant act, and

(b)that the defendant did not believe that the complainant consented to the relevant act.

(2)The circumstances are that—

(a)the defendant intentionally deceived the complainant as to the nature or purpose of the relevant act;

(b)the defendant intentionally induced the complainant to consent to the relevant act by impersonating a person known personally to the complainant.

77Sections 75 and 76: relevant actsE+W

In relation to an offence to which sections 75 and 76 apply, references in those sections to the relevant act and to the complainant are to be read as follows—

OffenceRelevant Act
An offence under section 1 (rape).The defendant intentionally penetrating, with his penis, the vagina, anus or mouth of another person (“the complainant”).
An offence under section 2 (assault by penetration).The defendant intentionally penetrating, with a part of his body or anything else, the vagina or anus of another person (“the complainant”), where the penetration is sexual.
An offence under section 3 (sexual assault).The defendant intentionally touching another person (“the complainant”), where the touching is sexual.
An offence under section 4 (causing a person to engage in sexual activity without consent).The defendant intentionally causing another person (“the complainant”) to engage in an activity, where the activity is sexual.

78“Sexual”E+W+N.I.

[F101For the purposes of this Part (except section 71), penetration, touching or any other activity is sexual if a reasonable person would consider that—

(a)whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, or

(b)because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.

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Amendments (Textual)

79Part 1: general interpretationE+W+N.I.

[F102(1)The following apply for the purposes of this Part.

(2)Penetration is a continuing act from entry to withdrawal.

(3)References to a part of the body include references to a part surgically constructed (in particular, through gender reassignment surgery).

(4)Image” means a moving or still image and includes an image produced by any means and, where the context permits, a three-dimensional image.

(5)References to an image of a person include references to an image of an imaginary person.

(6)Mental disorder” has the meaning given by section 1 of the Mental Health Act 1983 (c. 20).

(7)References to observation (however expressed) are to observation whether direct or by looking at an image.

(8)Touching includes touching—

(a)with any part of the body,

(b)with anything else,

(c)through anything,

and in particular includes touching amounting to penetration.

(9)Vagina” includes vulva.

(10)In relation to an animal, references to the vagina or anus include references to any similar part.

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Amendments (Textual)

Part 2 E+W+S+N.I.Notification and orders

Notification requirementsE+W+S+N.I.

80Persons becoming subject to notification requirementsE+W+S+N.I.

(1)A person is subject to the notification requirements of this Part for the period set out in section 82 (“the notification period”) if—

(a)he is convicted of an offence listed in Schedule 3;

(b)he is found not guilty of such an offence by reason of insanity;

(c)he is found to be under a disability and to have done the act charged against him in respect of such an offence; or

(d)in England and Wales or Northern Ireland, he is cautioned in respect of such an offence.

(2)A person for the time being subject to the notification requirements of this Part is referred to in this Part as a “relevant offender”.

81Persons formerly subject to Part 1 of the Sex Offenders Act 1997E+W+S+N.I.

(1)A person is, from the commencement of this Part until the end of the notification period, subject to the notification requirements of this Part if, before the commencement of this Part—

(a)he was convicted of an offence listed in Schedule 3;

(b)he was found not guilty of such an offence by reason of insanity;

(c)he was found to be under a disability and to have done the act charged against him in respect of such an offence; or

(d)in England and Wales or Northern Ireland, he was cautioned in respect of such an offence.

(2)Subsection (1) does not apply if the notification period ended before the commencement of this Part.

(3)Subsection (1)(a) does not apply to a conviction before 1st September 1997 unless, at the beginning of that day, the person—

(a)had not been dealt with in respect of the offence;

(b)was serving a sentence of imprisonment F103. . . , or was subject to a community order, in respect of the offence;

(c)was subject to supervision, having been released from prison after serving the whole or part of a sentence of imprisonment in respect of the offence; or

(d)was detained in a hospital or was subject to a guardianship order, following the conviction.

(4)Paragraphs (b) and (c) of subsection (1) do not apply to a finding made before 1st September 1997 unless, at the beginning of that day, the person—

(a)had not been dealt with in respect of the finding; or

(b)was detained in a hospital, following the finding.

(5)Subsection (1)(d) does not apply to a caution given before 1st September 1997.

(6)A person who would have been within subsection (3)(b) or (d) or (4)(b) but for the fact that at the beginning of 1st September 1997 he was unlawfully at large or absent without leave, on temporary release or leave of absence, or on bail pending an appeal, is to be treated as being within that provision.

(7)Where, immediately before the commencement of this Part, an order under a provision within subsection (8) was in force in respect of a person, the person is subject to the notification requirements of this Part from that commencement until the order is discharged or otherwise ceases to have effect.

(8)The provisions are—

(a)section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders);

(b)section 2 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders made in England and Wales);

(c)section 2A of the Crime and Disorder Act 1998 (interim orders made in England and Wales);

(d)section 20 of the Crime and Disorder Act 1998 (sex offender orders and interim orders made in Scotland);

(e)Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland);

(f)Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (interim orders made in Northern Ireland).

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Amendments (Textual)

F103S. 81(3)(b) repealed (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383(2), Sch. 16 para. 206, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

82The notification periodE+W+S+N.I.

(1)The notification period for a person within section 80(1) or 81(1) is the period in the second column of the following Table opposite the description that applies to him.

TABLE
Description of relevant offenderNotification period
A person who, in respect of the offence, is or has been sentenced to imprisonment for life [F104, to imprisonment for public protection under section 225 of the Criminal Justice Act 2003 [F105, to an indeterminate custodial sentence under Article 13(4)(a) of the Criminal Justice (Northern Ireland) Order 2008 or to imprisonment for a term of 30 months or moreAn indefinite period beginning with the relevant date
A person who, in respect of the offence, has been made the subject of an order under section 210F(1) of the Criminal Procedure (Scotland) Act 1995 (order for lifelong restriction)An indefinite period beginning with that date
A person who, in respect of the offence or finding, is or has been admitted to a hospital subject to a restriction orderAn indefinite period beginning with that date
A person who, in respect of the offence, is or has been sentenced to imprisonment for a term of more than 6 months but less than 30 months10 years beginning with that date
A person who, in respect of the offence, is or has been sentenced to imprisonment for a term of 6 months or less7 years beginning with that date
A person who, in respect of the offence or finding, is or has been admitted to a hospital without being subject to a restriction order7 years beginning with that date
A person within section 80(1)(d)2 years beginning with that date
A person in whose case an order for conditional discharge or, in Scotland, a probation order, is made in respect of the offenceThe period of conditional discharge or, in Scotland, the probation period
A person of any other description5 years beginning with the relevant date

(2)Where a person is under 18 on the relevant date, subsection (1) has effect as if for any reference to a period of 10 years, 7 years, 5 years or 2 years there were substituted a reference to one-half of that period.

(3)Subsection (4) applies where a relevant offender within section 80(1)(a) or 81(1)(a) is or has been sentenced, in respect of two or more offences listed in Schedule 3—

(a)to consecutive terms of imprisonment; or

(b)to terms of imprisonment which are partly concurrent.

(4)Where this subsection applies, subsection (1) has effect as if the relevant offender were or had been sentenced, in respect of each of the offences, to a term of imprisonment which —

(a)in the case of consecutive terms, is equal to the aggregate of those terms;

(b)in the case of partly concurrent terms (X and Y, which overlap for a period Z), is equal to X plus Y minus Z.

(5)Where a relevant offender the subject of a finding within section 80(1)(c) or 81(1)(c) is subsequently tried for the offence, the notification period relating to the finding ends at the conclusion of the trial.

(6)In this Part, “relevant date” means—

(a)in the case of a person within section 80(1)(a) or 81(1)(a), the date of the conviction;

(b)in the case of a person within section 80(1)(b) or (c) or 81(1)(b) or (c), the date of the finding;

(c)in the case of a person within section 80(1)(d) or 81(1)(d), the date of the caution;

(d)in the case of a person within section 81(7), the date which, for the purposes of Part 1 of the Sex Offenders Act 1997 (c. 51), was the relevant date in relation to that person.

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Amendments (Textual)

F104Words in table in s. 82(1) substituted (S.) (8.12.2005) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 17, 24(1); and those same words substituted (E.W.N.I.) (12.2.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 57, 66(2); S.I. 2007/74, art. 2

83Notification requirements: initial notificationE+W+S+N.I.

(1)A relevant offender must, within the period of 3 days beginning with the relevant date (or, if later, the commencement of this Part), notify to the police the information set out in subsection (5).

(2)Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 80(1) if—

(a)immediately before the conviction, finding or caution, he was subject to the notification requirements of this Part as a result of another conviction, finding or caution or an order of a court (“the earlier event”),

(b)at that time, he had made a notification under subsection (1) in respect of the earlier event, and

(c)throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.

(3)Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 81(1) or an order within section 81(7) if the offender complied with section 2(1) of the Sex Offenders Act 1997 in respect of the conviction, finding, caution or order.

(4)Where a notification order is made in respect of a conviction, finding or caution, subsection (1) does not apply to the relevant offender in respect of the conviction, finding or caution if—

(a)immediately before the order was made, he was subject to the notification requirements of this Part as a result of another conviction, finding or caution or an order of a court (“the earlier event”),

(b)at that time, he had made a notification under subsection (1) in respect of the earlier event, and

(c)throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.

(5)The information is—

(a)the relevant offender’s date of birth;

(b)his national insurance number;

(c)his name on the relevant date and, where he used one or more other names on that date, each of those names;

(d)his home address on the relevant date;

(e)his name on the date on which notification is given and, where he uses one or more other names on that date, each of those names;

(f)his home address on the date on which notification is given;

(g)the address of any other premises in the United Kingdom at which, at the time the notification is given, he regularly resides or stays.

[F106(h)whether he has any passports and, in relation to each passport he has, the details set out in subsection (5A);

(i)such other information, about him or his personal affairs, as the Scottish Ministers may prescribe in regulations.

(5A)The details are—

(a)the issuing authority;

(b)the number;

(c)the dates of issue and expiry;

(d)the name and date of birth given as being those of the passport holder.

[F107(h)any prescribed information.

[F108(5A)In subsection (5)(h) “prescribed” means prescribed by regulations made by the Secretary of State.

(6)When determining the period for the purpose of subsection (1), there is to be disregarded any time when the relevant offender is—

(a)remanded in or committed to custody by an order of a court [F109or kept in service custody;

(b)serving a sentence of imprisonment or a term of service detention;

(c)detained in a hospital; or

(d)outside the United Kingdom.

(7)In this Part, “home address” means, in relation to any person—

(a)the address of his sole or main residence in the United Kingdom, or

(b)where he has no such residence, the address or location of a place in the United Kingdom where he can regularly be found and, if there is more than one such place, such one of those places as the person may select.

[F110(8)In this section, “passport” means—

(a)a United Kingdom passport within the meaning of the Immigration Act 1971 (c. 77);

(b)a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;

(c)a document that can be used (in some or all circumstances) instead of a passport.

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Amendments (Textual)

F107S. 83(5)(h) inserted "at the end of subsection (5)" (E.W.N.I.) (14.7.2008) by virtue of Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(1)(a), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)

F108S. 83(5A) inserted "after [subsection 5]" (E.W.N.I.) (14.7.2008) by virtue of Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(1)(b), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2)

84Notification requirements: changesE+W+N.I.

(1)A relevant offender must, within the period of 3 days beginning with—

(a)his using a name which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997 (c. 51),

(b)any change of his home address,

(c)his having resided or stayed, for a qualifying period, at any premises in the United Kingdom the address of which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997,

[F111(ca)any prescribed change of circumstances, or

(d)his release from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital,

notify to the police that name, the new home address, the address of those premises [F112, the prescribed details or (as the case may be) the fact that he has been released, and (in addition) the information set out in section 83(5).

(2)A notification under subsection (1) may be given before the name is used, the change of home address [F113or the prescribed change of circumstances occurs or the qualifying period ends, but in that case the relevant offender must also specify the date when the event is expected to occur.

(3)If a notification is given in accordance with subsection (2) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1).

(4)If a notification is given in accordance with subsection (2) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—

(a)the notification does not affect the duty imposed by subsection (1), and

(b)the relevant offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified.

(5)Section 83(6) applies to the determination of the period of 3 days mentioned in subsection (1) and the period of 6 days mentioned in subsection (4)(b), as it applies to the determination of the period mentioned in section 83(1).

[F114(5A)In this section—

(a)prescribed change of circumstances” means any change—

(i)occurring in relation to any matter in respect of which information is required to be notified by virtue of section 83(5)(h), and

(ii)of a description prescribed by regulations made by the Secretary of State;

(b)the prescribed details”, in relation to a prescribed change of circumstances, means such details of the change as may be so prescribed.

(6)In this section, “qualifying period” means—

(a)a period of 7 days, or

(b)two or more periods, in any period of 12 months, which taken together amount to 7 days.

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Extent Information

E1This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only

Amendments (Textual)

84Notification requirements: changesS

(1)A relevant offender must, within the period of 3 days beginning with—

(a)his using a name which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997 (c. 51),

(b)any change of his home address,

(c)his having resided or stayed, for a qualifying period, at any premises in the United Kingdom the address of which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997, F326. . .

(d)his release from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital,

[F327(e)his losing or ceasing to have a passport notified to the police under section 83(1) or this subsection,

(f)his receiving a passport which has not been notified to the police under section 83(1) or this subsection, or

(g)the occurrence, in relation to information required to be notified by virtue of regulations made under section 83(5)(i), of an event prescribed by the Scottish Ministers in regulations,]

notify to the police that name, the new home address, the address of those premises or [F328the fact that he has been released, the fact that he has lost or ceased to have the passport, the details set out in section 83(5A) in relation to the passport or (as the case may be) such information as the Scottish Ministers prescribe in regulations], and (in addition) the information set out in section 83(5).

[F329(1A)In subsection (1), “passport” has the same meaning as in section 83.]

(2)A notification under subsection (1) may be given before the name is used, the change of home address occurs or the qualifying period ends, but in that case the relevant offender must also specify the date when the event is expected to occur.

(3)If a notification is given in accordance with subsection (2) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1).

(4)If a notification is given in accordance with subsection (2) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—

(a)the notification does not affect the duty imposed by subsection (1), and

(b)the relevant offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified.

(5)Section 83(6) applies to the determination of the period of 3 days mentioned in subsection (1) and the period of 6 days mentioned in subsection (4)(b), as it applies to the determination of the period mentioned in section 83(1).

(6)In this section, “qualifying period” means—

(a)a period of 7 days, or

(b)two or more periods, in any period of 12 months, which taken together amount to 7 days.

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Extent Information

E7This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Amendments (Textual)

85Notification requirements: periodic notificationE+W+S+N.I.

(1)A relevant offender must, within [F115the applicable period after each event within subsection (2), notify to the police the information set out in section 83(5), unless within that period he has given a notification under section 84(1).

(2)The events are—

(a)the commencement of this Part (but only in the case of a person who is a relevant offender from that commencement);

(b)any notification given by the relevant offender under section 83(1) or 84(1); and

(c)any notification given by him under subsection (1).

(3)Where [F116the applicable period would (apart from this subsection) end whilst subsection (4) applies to the relevant offender, that period is to be treated as continuing until the end of the period of 3 days beginning when subsection (4) first ceases to apply to him.

(4)This subsection applies to the relevant offender if he is—

(a)remanded in or committed to custody by an order of a court [F117or kept in service custody,

(b)serving a sentence of imprisonment or a term of service detention,

(c)detained in a hospital, or

(d)outside the United Kingdom.

[F118(5)In this section, the “applicable period” means—

(a)in any case where subsection (6) applies to the relevant offender, such period not exceeding one year as the Scottish Ministers may prescribe in regulations, and

(b)in any other case, the period of one year.

(6)This subsection applies to the relevant offender if the last home address notified by the offender under section 83(1) or 84(1) or subsection (1) was the address or location of such a place as is mentioned in section 83(7)(b).

[F119(5)In this section, “the applicable period” means—

(a)in any case where subsection (6) applies to the relevant offender, such period as may be prescribed by regulations made by the Secretary of State, and

(b)in any other case, the period of one year.

(6)This subsection applies to the relevant offender if the last home address notified by him under section 83(1) or 84(1) or subsection (1) was the address or location of such a place as is mentioned in section 83(7)(b).

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Amendments (Textual)

F115Words in s. 85(1) substituted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(7), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) and said words substituted (S.) (28.3.2011 for certain purposes and otherwise prosp.) by virtue of Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(a), 206(1); S.S.I. 2011/178, art. 2, Sch.

F116Words in s. 85(3) substituted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(8), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) and said words substituted (S.) (28.3.2011 for certain purposes and otherwise prosp.) by virtue of Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(b), 206(1); S.S.I. 2011/178, art. 2, Sch.

86Notification requirements: travel outside the United KingdomE+W+S+N.I.

(1)The Secretary of State may by regulations make provision requiring relevant offenders who leave the United Kingdom, or any description of such offenders—

(a)to give in accordance with the regulations, before they leave, a notification under subsection (2);

(b)if they subsequently return to the United Kingdom, to give in accordance with the regulations a notification under subsection (3).

(2)A notification under this subsection must disclose—

(a)the date on which the offender will leave the United Kingdom;

(b)the country (or, if there is more than one, the first country) to which he will travel and his point of arrival (determined in accordance with the regulations) in that country;

(c)any other information prescribed by the regulations which the offender holds about his departure from or return to the United Kingdom or his movements while outside the United Kingdom.

(3)A notification under this subsection must disclose any information prescribed by the regulations about the offender’s return to the United Kingdom.

F120(4)F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

87Method of notification and related mattersE+W+N.I.

(1)A person gives a notification under section 83(1), 84(1) or 85(1) by—

(a)attending at such police station in his local police area as the Secretary of State may by regulations prescribe or, if there is more than one, at any of them, and

(b)giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.

(2)A person giving a notification under section 84(1)—

(a)in relation to a prospective change of home address, or

(b)in relation to premises referred to in subsection (1)(c) of that section,

may give the notification at a police station that would fall within subsection (1) above if the change in home address had already occurred or (as the case may be) if the address of those premises were his home address.

(3)Any notification under this section must be acknowledged; and an acknowledgment under this subsection must be in writing, and in such form as the Secretary of State may direct.

(4)Where a notification is given under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), allow the officer or person to—

(a)take his fingerprints,

(b)photograph any part of him, or

(c)do both these things.

(5)The power in subsection (4) is exercisable for the purpose of verifying the identity of the relevant offender.

(6)F122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Extent Information

E2This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only

Amendments (Textual)

87Method of notification and related mattersS

(1)A person gives a notification under section 83(1), 84(1) or 85(1) by—

(a)attending at such police station in his local police area as the Secretary of State may by regulations prescribe or, if there is more than one, at any of them, and

(b)giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.

(2)A person giving a notification under section 84(1)—

(a)in relation to a prospective change of home address, or

(b)in relation to premises referred to in subsection (1)(c) of that section,

may give the notification at a police station that would fall within subsection (1) above if the change in home address had already occurred or (as the case may be) if the address of those premises were his home address.

(3)Any notification under this section must be acknowledged; and an acknowledgment under this subsection must be in writing, and in such form as the Secretary of State may direct.

[F330(5A)Where a notification is given in Scotland under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), do one or more of the following—

(a)allow the officer or person to photograph any part of the offender,

(b)allow the officer or person to take from the offender, or provide to the officer or person, such relevant physical data as the officer or person considers appropriate,

(c)allow the officer or person to take from the offender any sample mentioned in any of paragraphs (a) to (c) of subsection (6) of section 18 of the Criminal Procedure (Scotland) Act 1995 by the means specified in that paragraph in relation to that sample,

(d)allow the officer or person to take from the offender any sample mentioned in subsection (6A) of that section by the means specified in that subsection.]

[F331(5B)Where a notification is given in Scotland under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), produce each passport he has to that officer or person, for inspection by that officer or person.

(5C)In subsection (5B), “passport” has the same meaning as in section 83.]

(6)F332. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Extent Information

E8This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Amendments (Textual)

88Section 87: interpretationE+W+S+N.I.

(1)Subsections (2) to (4) apply for the purposes of section 87.

(2)Photograph” includes any process by means of which an image may be produced.

[F123(2A)Relevant physical data” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995.

(3)Local police area” means, in relation to a person—

(a)the police area in which his home address is situated;

(b)in the absence of a home address, the police area in which the home address last notified is situated;

(c)in the absence of a home address and of any such notification, the police area in which the court which last dealt with the person in a way mentioned in subsection (4) is situated.

(4)The ways are—

(a)dealing with a person in respect of an offence listed in Schedule 3 or a finding in relation to such an offence;

(b)dealing with a person in respect of an offence under section 128 or a finding in relation to such an offence;

(c)making, in respect of a person, a notification order, interim notification order, sexual offences prevention order or interim sexual offences prevention order;

(d)making, in respect of a person, an order under section 2, 2A or 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim orders made in England and Wales or Scotland) or Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders and interim orders made in Northern Ireland);

and in paragraphs (a) and (b), “finding” in relation to an offence means a finding of not guilty of the offence by reason of insanity or a finding that the person was under a disability and did the act or omission charged against him in respect of the offence.

(5)Subsection (3) applies as if Northern Ireland were a police area.

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Amendments (Textual)

[F12488A Review of indefinite notification requirements: applicable persons

(1)Sections 88B to 88H apply to—

(a)a person who, on or after the date on which this section comes into force, becomes subject to the notification requirements of this Part for an indefinite period by virtue of section 80(1) or a notification order made under section 97(5); and

(b)a person who immediately before that date was subject to the notification requirements of this Part for an indefinite period by virtue of—

(i)section 80(1);

(ii)section 81(1); or

(iii)a notification order made under section 97(5).

(2)A person who falls within subsection (1)(a) or (b) is referred to in sections 88B to 88G as a “relevant sex offender”.

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Amendments (Textual)

88B Review of indefinite notification requirements: date of discharge and further date of discharge

(1)For the purposes of this Part, the date of discharge is—

(a)where the relevant sex offender was aged 18 or over on the relevant date, the date falling 15 years after that date;

(b)where the relevant sex offender was aged under 18 on the relevant date, the date falling 8 years after that date.

(2)In determining the date of discharge under subsection (1), there is to be disregarded any time when the relevant sex offender was—

(a)remanded in or committed to custody by order of a court;

(b)serving a sentence of imprisonment or a term of service detention;

(c)detained in hospital; or

(d)outside the United Kingdom,

before the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997 or section 83(1) of this Part.

(3)Where a notification continuation order made under this Part has effect in respect of the relevant sex offender, for the purposes of this Part the further date of discharge is the date of expiry of the fixed period specified in that order.

(4)In this section and section 88D “relevant date”—

(a)in relation to a relevant sex offender who is subject to the notification requirements of this Part for an indefinite period by virtue of section 80(1) or 81(1), has the meaning applicable to that offender specified in section 82(6)(a) to (c);

(b)in relation to a relevant sex offender who is subject to the notification requirements of this Part for an indefinite period by virtue of a notification order made under section 97(5), has the meaning applicable to that offender specified in section 98(2).

88C Review of the indefinite notification requirements: procedure and grounds

(1)The relevant chief constable must no later than the date of discharge—

(a)make a notification continuation order in respect of the relevant sex offender; or

(b)notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the date of discharge.

(2)A notification continuation order is an order making the relevant sex offender subject to the notification requirements of this Part for a fixed period of not more than 15 years from the date which would, but for the order, have been the date of discharge.

(3)The relevant chief constable may make a notification continuation order only if satisfied, on the balance of probabilities, that the relevant sex offender poses a risk of sexual harm to the public, or any particular members of the public, in the United Kingdom.

(4)In deciding whether to make a notification continuation order, the relevant chief constable must take into account—

(a)the seriousness of the offence (or offences)—

(i)of which the relevant sex offender was convicted;

(ii)of which the relevant sex offender was found not guilty by reason of insanity;

(iii)in respect of which the relevant sex offender was found to be under a disability and to have done the act charged; or

(iv)in respect of which the relevant sex offender was cautioned in England and Wales or Northern Ireland,

which made the relevant sex offender subject to the notification requirements of this Part for an indefinite period;

(b)the period of time which has elapsed since the relevant sex offender committed the offence (or offences);

(c)where the relevant sex offender falls within section 88A(1)(b)(ii), whether the relevant sex offender committed any offence under section 3 of the Sex Offenders Act 1997;

(d)whether the relevant sex offender has committed any offence under section 91 of this Act;

(e)the age of the relevant sex offender at the time of the decision;

(f)the age of the relevant sex offender at the time the offence (or offences) referred to in paragraph (a) was (or were) committed;

(g)the age of any person who was a victim of any such offence (where applicable) and the difference in age between the victim and the relevant sex offender at the time the offence was committed;

(h)any convictions or findings made by a court in respect of the relevant sex offender for any other offence listed in Schedule 3;

(i)any caution which the relevant sex offender has received for an offence in England and Wales or Northern Ireland which is listed in Schedule 3;

(j)whether any criminal proceedings for any offences listed in Schedule 3 have been instituted against the relevant sex offender but have not concluded;

(k)any assessment of the risk posed by the relevant sex offender which has been made by the responsible authorities under the joint arrangements for managing and assessing risk established under section 10 of the Management of Offenders etc. (Scotland) Act 2005;

(l)any other submission or evidence of the risk of sexual harm posed by the relevant sex offender to the public, or any particular members of the public, in the United Kingdom;

(m)any submission or evidence presented by or on behalf of the relevant sex offender which demonstrates that the relevant sex offender does not pose a risk of sexual harm to the public, or any particular members of the public, in the United Kingdom; and

(n)any other matter which the relevant chief constable considers to be appropriate.

(5)A notification continuation order must state—

(a)the reasons why the order was made; and

(b)the reasons for the determination of the fixed period in the order.

(6)A notification continuation order must be notified to the relevant sex offender by—

(a)the relevant chief constable sending a copy of the order to the relevant sex offender by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or

(b)a constable serving a copy of the order on the relevant sex offender.

(7)In this section—

  • sexual harm” means physical or psychological harm caused by the relevant sex offender doing anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom; and

  • responsible authorities” has the meaning given by section 10(7) of the Management of Offenders etc. (Scotland) Act 2005.

(8)In this section and sections 88D to 88G, “relevant chief constable” means the chief constable of the police force for the police area in which the relevant sex offender resides.

88D Review of indefinite notification requirement: transitional arrangements

(1)This section applies to a relevant sex offender falling within section 88A(1)(b)(ii) if the person—

(a)was aged under 18 on the relevant date; and

(b)after disregarding any time referred to in subsection (2), has been subject to the notification requirements of Part 1 of the Sex Offenders Act 1997 and this Part for a total period of at least 8 years on the date on which this section comes into force.

(2)That time is any time during which the relevant sex offender was—

(a)remanded in or committed to custody by order of the court;

(b)serving a sentence of imprisonment or a term of service detention;

(c)detained in hospital; or

(d)outside the United Kingdom,

before the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997.

(3)The relevant chief constable must no later than the applicable date—

(a)make a notification continuation order in respect of the relevant sex offender; or

(b)notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the applicable date.

(4)Section 88C(2) to (8) applies in relation to this section, but a reference to the date of discharge is to be read as a reference to the applicable date.

(5)In this section, the “applicable date” is the date falling 3 months after the date on which this section comes into force.

88E Review of indefinite notification requirements: further review

(1)Where a notification continuation order has been made, the relevant chief constable must no later than the further date of discharge—

(a)make another notification continuation order in respect of the relevant sex offender; or

(b)notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the further date of discharge.

(2)Section 88C(2) to (8) applies in relation to this section, but a reference to the date of discharge is to be read as a reference to the further date of discharge.

88F Review of the indefinite notification requirements: application to a sheriff

(1)Where a relevant chief constable fails to comply with section 88C(1), 88D(3) or 88E(1), the relevant sex offender may make an application to a sheriff for an order that the offender is no longer subject to the notification requirements of this Part.

(2)An application under subsection (1) is to be made by summary application to the sheriff in whose sheriffdom the relevant sex offender resides.

(3)On an application under subsection (1), the sheriff may—

(a)make the order sought in the application; or

(b)make a notification continuation order in respect of the relevant sex offender.

(4)Section 88C(2) to (5) and (7) applies in relation to the making of a notification continuation order under this section, but—

(a)a reference to the relevant chief constable is to be read as a reference to the sheriff;

(b)if an application under subsection (1) is made in relation to the failure of the relevant chief constable to comply with section 88D(3), the reference to the date of discharge in section 88C(2) is to be read as a reference to the applicable date; and

(c)if an application under subsection (1) is made in relation to the failure of the relevant chief constable to comply with section 88E(1), the reference to the date of discharge in section 88C(2) is to be read as a reference to the further date of discharge.

(5)The relevant chief constable and the relevant sex offender may appear or be represented at any hearing in respect of the application.

(6)Where an application under subsection (1) is determined, the sheriff clerk must send a copy of the interlocutor, and where made a copy of the notification continuation order, to the relevant sex offender and the relevant chief constable.

(7)The copy of the interlocutor, and where made the copy of the notification continuation order, is sent in accordance with subsection (6) if—

(a)sent by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or

(b)personally served on the relevant sex offender and the relevant chief constable.

(8)The relevant sex offender remains subject to the notification requirements of this Part until the matter is finally determined as mentioned in section 88G(10).

88G Review of indefinite notification requirements: appeals

(1)The decision of the relevant chief constable—

(a)to make a notification continuation order; and

(b)setting the fixed period of the notification continuation order,

may be appealed by the relevant sex offender within 21 days after the date specified in subsection (3).

(2)An appeal under subsection (1) is to be made by summary application to the sheriff in whose sheriffdom the relevant sex offender resides.

(3)The date is—

(a)where the appeal is brought against the decision of the relevant chief constable made under section 88C(1), the date of discharge;

(b)where the appeal is brought against the decision of the relevant chief constable made under section 88D(1), the applicable date; or

(c)where the appeal is brought against the decision of the relevant chief constable made under section 88E(1), the further date of discharge.

(4)The decision of a sheriff—

(a)on an application made under section 88F(1);

(b)on appeal made under subsection (1); and

(c)in relation to the fixed period of the notification continuation order,

may be appealed by the relevant sex offender or the relevant chief constable to the sheriff principal within 21 days of the date of that decision.

(5)On an appeal under this section, the sheriff or the sheriff principal may—

(a)uphold or quash the decision of the relevant chief constable or, as the case may be, the sheriff;

(b)make a notification continuation order; or

(c)vary the fixed period in that order.

(6)Section 88C(3) to (5) apply in relation to the making of a notification continuation order under this section but a reference to the relevant chief constable is to be read as a reference to the sheriff or, as the case may be, sheriff principal.

(7)Where an appeal under this section is finally determined, the sheriff clerk must send a copy of the interlocutor, and where made a copy of the notification continuation order, to the relevant sex offender and the relevant chief constable.

(8)The copy of the interlocutor, and where made the copy of the notification continuation order, shall be sent in accordance with subsection (7) if—

(a)sent by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or

(b)personally served on the relevant sex offender and relevant chief constable.

(9)The relevant sex offender remains subject to the existing notification requirements of this Part until the matter is finally determined as mentioned in subsection (10).

(10)The matter is finally determined—

(a)where it is decided that a relevant sex offender should cease to be subject to the notification requirements of this Part, or the decision to make a notification continuation order is quashed, on the expiry of the period of 21 days referred to in subsection (4) without an appeal being taken;

(b)where a notification continuation order is made, or a decision to make such an order is upheld on appeal, on the expiry of the period of 21 days referred to in subsection (1) or (4) without an appeal being taken; or

(c)where an appeal is taken—

(i)on the disposal of the appeal; or

(ii)on its being abandoned.

88H Review of indefinite notification requirements: power to amend periods

The Secretary of State may by order amend—

(a)the periods specified in sections 88B(1)(a) and (b); and

(b)the fixed period specified in section 88C(2).

88I Discharge from indefinite notification requirements: England, Wales and Northern Ireland

(1)A relevant offender who is, under the relevant legislation, discharged from the notification requirements of this Part by a court, person or body in England and Wales or Northern Ireland is, by virtue of the discharge, also discharged from the notification requirements of this Part as it applies to Scotland.

(2)In subsection (1) “relevant legislation” means legislation which makes provision equivalent to that made by sections 88A to 88H and this section for a relevant offender who is subject to the notification requirements of this Part as it applies to England and Wales or, as the case may be, Northern Ireland for an indefinite period to be discharged from those notification requirements.

89Young offenders: parental directionsE+W+S+N.I.

(1)Where a person within the first column of the following Table (“the young offender”) is under 18 (or, in Scotland, 16) when he is before the court referred to in the second column of the Table opposite the description that applies to him, that court may direct that subsection (2) applies in respect of an individual (“the parent”) having parental responsibility for (or, in Scotland, parental responsibilities in relation to) the young offender.

TABLE
Description of personCourt which may make the direction
A relevant offender within section 80(1)(a) to (c) or 81(1)(a) to (c)The court which deals with the offender in respect of the offence or finding
A relevant offender within section 129(1)(a) to (c)The court which deals with the offender in respect of the offence or finding
A person who is the subject of a notification order, interim notification order, sexual offences prevention order or interim sexual offences prevention orderThe court which makes the order
A relevant offender who is the defendant to an application under subsection (4) (or, in Scotland, the subject of an application under subsection (5))The court which hears the application

(2)Where this subsection applies—

(a)the obligations that would (apart from this subsection) be imposed by or under sections 83 to 86 on the young offender are to be treated instead as obligations on the parent, and

(b)the parent must ensure that the young offender attends at the police station with him, when a notification is being given.

(3)A direction under subsection (1) takes immediate effect and applies—

(a)until the young offender attains the age of 18 (or, where a court in Scotland gives the direction, 16); or

(b)for such shorter period as the court may, at the time the direction is given, direct.

(4)A chief officer of police may, by complaint to any magistrates' court whose commission area includes any part of his police area, apply for a direction under subsection (1) in respect of a relevant offender (“the defendant”)—

(a)who resides in his police area, or who the chief officer believes is in or is intending to come to his police area, and

(b)who the chief officer believes is under 18.

(5)In Scotland, a chief constable may, by summary application to any sheriff within whose sheriffdom lies any part of the area of his police force, apply for a direction under subsection (1) in respect of a relevant offender (“the subject”)—

(a)who resides in that area, or who the chief constable believes is in or is intending to come to that area, and

(b)who the chief constable believes is under 16.

90Parental directions: variations, renewals and dischargesE+W+S+N.I.

(1)A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a direction under section 89(1).

(2)The persons are—

(a)the young offender;

(b)the parent;

(c)the chief officer of police for the area in which the young offender resides;

(d)a chief officer of police who believes that the young offender is in, or is intending to come to, his police area;

(e)in Scotland, where the appropriate court is a civil court—

(i)the chief constable of the police force within the area of which the young offender resides;

(ii)a chief constable who believes that the young offender is in, or is intending to come to, the area of his police force,

and in any other case, the prosecutor;

(f)where the direction was made on an application under section 89(4), the chief officer of police who made the application;

(g)where the direction was made on an application under section 89(5), the chief constable who made the application.

(3)An application under subsection (1) may be made—

(a)where the appropriate court is the Crown Court (or in Scotland a criminal court), in accordance with rules of court;

(b)in any other case, by complaint (or, in Scotland, by summary application).

(4)On the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the direction, that the court considers appropriate.

(5)In this section, the “appropriate court” means—

(a)where the Court of Appeal made the order, the Crown Court;

(b)in any other case, the court that made the direction under section 89(1).

91Offences relating to notificationE+W+N.I.

(1)A person commits an offence if he—

(a)fails, without reasonable excuse, to comply with section 83(1), 84(1), 84(4)(b), 85(1), 87(4) or 89(2)(b) or any requirement imposed by regulations made under section 86(1); or

(b)notifies to the police, in purported compliance with section 83(1), 84(1) or 85(1) or any requirement imposed by regulations made under section 86(1), any information which he knows to be false.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(3)A person commits an offence under paragraph (a) of subsection (1) on the day on which he first fails, without reasonable excuse, to comply with section 83(1), 84(1) or 85(1) or a requirement imposed by regulations made under section 86(1), and continues to commit it throughout any period during which the failure continues; but a person must not be prosecuted under subsection (1) more than once in respect of the same failure.

(4)Proceedings for an offence under this section may be commenced in any court having jurisdiction in any place where the person charged with the offence resides or is found.

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Extent Information

E3This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only

91Offences relating to notificationS

(1)A person commits an offence if he—

(a)fails, without reasonable excuse, to comply with section 83(1), 84(1), 84(4)(b), 85(1), [F33387(5A)][F334or (5B)] or 89(2)(b) or any requirement imposed by regulations made under section 86(1); or

(b)notifies to the police, in purported compliance with section 83(1), 84(1) or 85(1) or any requirement imposed by regulations made under section 86(1), any information which he knows to be false.

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(3)A person commits an offence under paragraph (a) of subsection (1) on the day on which he first fails, without reasonable excuse, to comply with section 83(1), 84(1) or 85(1) or a requirement imposed by regulations made under section 86(1), and continues to commit it throughout any period during which the failure continues; but a person must not be prosecuted under subsection (1) more than once in respect of the same failure.

[F335(4)Proceedings for an offence under this section may be commenced in any court—

(a)having jurisdiction in any place where the accused—

(i)resides;

(ii)is last known to have resided; or

(iii)is found;

(b)which has convicted the accused of an offence if the accused is subject to the notification requirements of this Part by virtue of that conviction; or

(c)which has made an order under section 104(1)(b) in respect of the accused if the accused is subject to those requirements by virtue of that order.]

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Extent Information

E9This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Amendments (Textual)

92Certificates for purposes of Part 2E+W+S+N.I.

(1)Subsection (2) applies where on any date a person is—

(a)convicted of an offence listed in Schedule 3;

(b)found not guilty of such an offence by reason of insanity; or

(c)found to be under a disability and to have done the act charged against him in respect of such an offence.

(2)If the court by or before which the person is so convicted or found—

(a)states in open court—

(i)that on that date he has been convicted, found not guilty by reason of insanity or found to be under a disability and to have done the act charged against him, and

(ii)that the offence in question is an offence listed in Schedule 3, and

(b)certifies those facts, whether at the time or subsequently,

the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts.

(3)Subsection (4) applies where on any date a person is, in England and Wales or Northern Ireland, cautioned in respect of an offence listed in Schedule 3.

(4)If the constable—

(a)informs the person that he has been cautioned on that date and that the offence in question is an offence listed in Schedule 3, and

(b)certifies those facts, whether at the time or subsequently, in such form as the Secretary of State may by order prescribe,

the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts.

93Abolished homosexual offencesE+W+N.I.

Schedule 4 (procedure for ending notification requirements for abolished homosexual offences) has effect.

Information for verificationE+W+S+N.I.

94Part 2: supply of information to Secretary of State etc. for verificationE+W+S+N.I.

(1)This section applies to information notified to the police under—

(a)section 83, 84 or 85, or

(b)section 2(1) to (3) of the Sex Offenders Act 1997 (c. 51).

(2)A person within subsection (3) may, for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, supply information to which this section applies to—

(a)the Secretary of State,

[F125(aa)the Child Maintenance and Enforcement Commission,

(b)a Northern Ireland Department, or

(c)a person providing services to the Secretary of State [F126, the Child Maintenance and Enforcement Commission or a Northern Ireland Department in connection with a relevant function,

for use for the purpose of verifying the information.

(3)The persons are—

(a)a chief officer of police (in Scotland, a chief constable),

[F127(b)the National Policing Improvement Agency,

[F128(c)the Serious Organised Crime Agency.

(4)In relation to information supplied under subsection (2) to any person, the reference to verifying the information is a reference to—

(a)checking its accuracy by comparing it with information held—

(i)where the person is the Secretary of State [F129, the Child Maintenance and Enforcement Commission or a Northern Ireland Department, by him or it in connection with the exercise of a relevant function, or

(ii)where the person is within subsection (2)(c), by that person in connection with the provision of services referred to there, and

(b)compiling a report of that comparison.

(5)Subject to subsection (6), the supply of information under this section is to be taken not to breach any restriction on the disclosure of information (however arising or imposed).

(6)This section does not authorise the doing of anything that contravenes the Data Protection Act 1998 (c. 29).

(7)This section does not affect any power existing apart from this section to supply information.

(8)In this section—

  • Northern Ireland Department” means the Department for Employment and Learning, the Department of the Environment or the Department for Social Development;

  • relevant function” means—

    (a)

    a function relating to social security, child support, employment or training,

    (aa)

    [F130in relation to the Child Maintenance and Enforcement Commission, any function of that Commission,

    (b)

    a function relating to passports,

    (c)

    a function under Part 3 of the Road Traffic Act 1988 (c. 52) or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).

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Amendments (Textual)

F130S. 94(8): para. (aa) inserted in definition of "relevant function" (1.11.2008) by The Child Support (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/2656), reg. 3(2)(c)

95Part 2: supply of information by Secretary of State etc.E+W+S+N.I.

(1)A report compiled under section 94 may be supplied by—

(a)the Secretary of State,

[F131(aa)the Child Maintenance and Enforcement Commission,

(b)a Northern Ireland Department, or

(c)a person within section 94(2)(c),

to a person within subsection (2).

(2)The persons are—

(a)a chief officer of police (in Scotland, a chief constable),

[F132(b)the Serious Organised Crime Agency.

(3)Such a report may contain any information held—

(a)by the Secretary of State [F133, the Child Maintenance and Enforcement Commission or a Northern Ireland Department in connection with the exercise of a relevant function, or

(b)by a person within section 94(2)(c) in connection with the provision of services referred to there.

(4)Where such a report contains information within subsection (3), the person within subsection (2) to whom it is supplied—

(a)may retain the information, whether or not used for the purposes of the prevention, detection, investigation or prosecution of an offence under this Part, and

(b)may use the information for any purpose related to the prevention, detection, investigation or prosecution of offences (whether or not under this Part), but for no other purpose.

(5)Subsections (5) to (8) of section 94 apply in relation to this section as they apply in relation to section 94.

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Amendments (Textual)

Information about release or transferE+W+S+N.I.

96Information about release or transferE+W+S+N.I.

(1)This section applies to a relevant offender who is serving a sentence of imprisonment or a term of service detention, or is detained in a hospital.

(2)The Secretary of State may by regulations make provision requiring notice to be given by the person who is responsible for that offender to persons prescribed by the regulations, of any occasion when the offender is released or a different person becomes responsible for him.

[F134(2A)The regulations may make provision requiring the person who is responsible for an offender, in giving notice under the regulations, to provide—

(a)any information about the offender, or

(b)a photograph of any part of the offender.

(2B)In subsection (2A), “photograph” is to be construed in accordance with section 88(2).

(3)The regulations may make provision for determining who is to be treated for the purposes of this section as responsible for an offender.

(4)F135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

[F13696AEntry and examination of home addressS

Police powers of entry to and examination of relevant offender's home address

(1)A sheriff may, if satisfied on the application of a senior police officer of the relevant force as to the matters mentioned in subsection (2), grant a warrant authorising any constable of the relevant force to enter premises in the sheriffdom (if necessary using reasonable force) and to examine and search them, and the things in them, for the purpose mentioned in subsection (3).

(2)Those matters are—

(a)that the premises are either—

(i)premises whose address has been notified by a relevant offender as his home address in his most recent notification of a home address under this Part; or

(ii)premises whose address has been notified by a relevant offender as the address of any other premises at which he regularly resides or stays, in his most recent notification under section 83(1) or 85(1) or in any notification under section 84(1) given by him since that notification;

(b)that the offender is not one to whom subsection (4) applies;

(c)that it would assist the carrying out of the purpose mentioned in subsection (3), for a constable of the relevant force to examine and search the premises and the things in them; and

(d)that on more than one occasion, a constable of the relevant force has attempted to examine and search the premises and the things in them for the purpose mentioned in subsection (3) and has been unable (whether by not being able to search and examine the premises and the things in them, or by not being able to obtain entry to the premises) to do so.

(3)That purpose is assessing the risk of the offender committing a sexual offence.

(4)This subsection applies to the relevant offender if he is—

(a)remanded in or committed to custody by an order of a court;

(b)serving a sentence of imprisonment or a term of service detention;

(c)detained in a hospital; or

(d)outside the United Kingdom.

(5)A sheriff is to determine an application for a warrant under subsection (1) without hearing from the relevant offender or any other person who has an interest in the premises.

(6)A warrant under subsection (1) does not confer power to seize anything in the premises to which it relates.

(7)A warrant under subsection (1) must be executed at a reasonable hour.

(8)A warrant under subsection (1) continues in force until the expiry of the period of one month beginning with the date of the warrant's grant.

(9)A warrant under subsection (1) authorises entry on one occasion only.

(10)This section does not prejudice any other power of entry, examination, search or seizure.

(11)In this section—

  • the relevant force” means the police force maintained for the area in which the premises are situated;

  • senior police officer” means a constable of the rank of superintendent or above; and

  • sexual offence” means—

    (a)

    an offence within any of paragraphs 36 to 59C of Schedule 3; or

    (b)

    any other offence in circumstances in which it would be likely that a determination such as is mentioned in paragraph 60 of that Schedule would be made in relation to the offence.

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Amendments (Textual)

[F137Entry and search of home addressE+W+N.I.

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Amendments (Textual)

F137S. 96B and cross-heading inserted (E.W.N.I.) (31.5.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 58(1), 66(2); S.I. 2007/858, art. 3(f)

96BPower of entry and search of relevant offender's home addressE+W+N.I.

(1)If on an application made by a senior police officer of the relevant force a justice of the peace is satisfied that the requirements in subsection (2) are met in relation to any premises, he may issue a warrant authorising a constable of that force—

(a)to enter the premises for the purpose of assessing the risks posed by the relevant offender to which the warrant relates; and

(b)to search the premises for that purpose.

(2)The requirements are—

(a)that the address of each set of premises specified in the application is an address falling within subsection (3);

(b)that the relevant offender is not one to whom subsection (4) applies;

(c)that it is necessary for a constable to enter and search the premises for the purpose mentioned in subsection (1)(a); and

(d)that on at least two occasions a constable has sought entry to the premises in order to search them for that purpose and has been unable to obtain entry for that purpose.

(3)An address falls within this subsection if—

(a)it is the address which was last notified in accordance with this Part by a relevant offender to the police as his home address; or

(b)there are reasonable grounds to believe that a relevant offender resides there or may regularly be found there.

(4)This subsection applies to a relevant offender if he is—

(a)remanded in or committed to custody by order of a court;

(b)serving a sentence of imprisonment or a term of service detention;

(c)detained in a hospital; or

(d)outside the United Kingdom.

(5)A warrant issued under this section must specify the one or more sets of premises to which it relates.

(6)The warrant may authorise the constable executing it to use reasonable force if necessary to enter and search the premises.

(7)The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose mentioned in subsection (1)(a).

(8)Where a warrant issued under this section authorises multiple entries, the number of entries authorised may be unlimited or limited to a maximum.

(9)In this section a reference to the relevant offender to whom the warrant relates is a reference to the relevant offender—

(a)who has in accordance with this Part notified the police that the premises specified in the warrant are his home address; or

(b)in respect of whom there are reasonable grounds to believe that he resides there or may regularly be found there.

(10)In this section—

  • the relevant force” means the police force maintained for the police area in which the premises in respect of which the application is made or the warrant is issued are situated;

  • senior police officer” means a constable of the rank of superintendent or above.

Notification ordersE+W+S+N.I.

97Notification orders: applications and groundsE+W+S+N.I.

(1)A chief officer of police may, by complaint to any magistrates' court whose commission area includes any part of his police area, apply for an order under this section (a “notification order”) in respect of a person (“the defendant”) if—

(a)it appears to him that the following three conditions are met with respect to the defendant, and

(b)the defendant resides in his police area or the chief officer believes that the defendant is in, or is intending to come to, his police area.

(2)The first condition is that under the law in force in a country outside the United Kingdom—

(a)he has been convicted of a relevant offence (whether or not he has been punished for it),

(b)a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that he is not guilty by reason of insanity,

(c)such a court has made in respect of a relevant offence a finding equivalent to a finding that he is under a disability and did the act charged against him in respect of the offence, or

(d)he has been cautioned in respect of a relevant offence.

(3)The second condition is that—

(a)the first condition is met because of a conviction, finding or caution which occurred on or after 1st September 1997,

(b)the first condition is met because of a conviction or finding which occurred before that date, but the person was dealt with in respect of the offence or finding on or after that date, or has yet to be dealt with in respect of it, or

(c)the first condition is met because of a conviction or finding which occurred before that date, but on that date the person was, in respect of the offence or finding, subject under the law in force in the country concerned to detention, supervision or any other disposal equivalent to any of those mentioned in section 81(3) (read with sections 81(6) and 131).

(4)The third condition is that the period set out in section 82 (as modified by subsections (2) and (3) of section 98) in respect of the relevant offence has not expired.

(5)If on the application it is proved that the conditions in subsections (2) to (4) are met, the court must make a notification order.

(6)In this section and section 98, “relevant offence” has the meaning given by section 99.

98Notification orders: effectE+W+S+N.I.

(1)Where a notification order is made—

(a)the application of this Part to the defendant in respect of the conviction, finding or caution to which the order relates is subject to the modifications set out below, and

(b)subject to those modifications, the defendant becomes or (as the case may be) remains subject to the notification requirements of this Part for the notification period set out in section 82.

(2)The “relevant date” means—

(a)in the case of a person within section 97(2)(a), the date of the conviction;

(b)in the case of a person within section 97(2)(b) or (c), the date of the finding;

(c)in the case of a person within section 97(2)(d), the date of the caution.

(3)In section 82—

(a)references, except in the Table, to a person (or relevant offender) within any provision of section 80 are to be read as references to the defendant;

(b)the reference in the Table to section 80(1)(d) is to be read as a reference to section 97(2)(d);

(c)references to an order of any description are to be read as references to any corresponding disposal made in relation to the defendant in respect of an offence or finding by reference to which the notification order was made;

(d)the reference to offences listed in Schedule 3 is to be read as a reference to relevant offences.

(4)In sections 83 and 85, references to the commencement of this Part are to be read as references to the date of service of the notification order.

99Sections 97 and 98: relevant offencesE+W+S+N.I.

(1)Relevant offence” in sections 97 and 98 means an act which—

(a)constituted an offence under the law in force in the country concerned, and

(b)would have constituted an offence listed in Schedule 3 (other than at paragraph 60) if it had been done in any part of the United Kingdom.

(2)An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (1) however it is described in that law.

(3)Subject to subsection (4), on an application for a notification order the condition in subsection (1)(b) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—

(a)stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,

(b)showing his grounds for that opinion, and

(c)requiring the applicant to prove that the condition is met.

(4)The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is met without service of a notice under subsection (3).

100Interim notification ordersE+W+S+N.I.

(1)This section applies where an application for a notification order (“the main application”) has not been determined.

(2)An application for an order under this section (“an interim notification order”)—

(a)may be made in the complaint containing the main application, or

(b)if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.

(3)The court may, if it considers it just to do so, make an interim notification order.

(4)Such an order—

(a)has effect only for a fixed period, specified in the order;

(b)ceases to have effect, if it has not already done so, on the determination of the main application.

(5)While such an order has effect—

(a)the defendant is subject to the notification requirements of this Part;

(b)this Part applies to the defendant, subject to the modification set out in subsection (6).

(6)The “relevant date” means the date of service of the order.

(7)The applicant or the defendant may by complaint apply to the court that made the interim notification order for the order to be varied, renewed or discharged.

101Notification orders and interim notification orders: appealsE+W+S+N.I.

A defendant may appeal to the Crown Court against the making of a notification order or interim notification order.

102Appeals in relation to notification orders and interim notification orders: ScotlandE+W+S+N.I.

In Scotland—

(a)an interlocutor granting or refusing a notification order or interim notification order is an appealable interlocutor; and

(b)where an appeal is taken against an interlocutor so granting such an order the order shall, without prejudice to any power of the court to vary or recall it, continue to have effect pending the disposal of the appeal.

103Sections 97 to 100: ScotlandE+W+S+N.I.

(1)Sections 97 to 100 apply to Scotland with the following modifications—

(a)references to a chief officer of police and to his police area are to be read, respectively, as references to a chief constable and to the area of his police force;

(b)references to the defendant are to be read as references to the person in respect of whom the order is sought or has effect;

(c)an application for a notification order or interim notification order is made by summary application to any sheriff within whose sheriffdom lies any part of the area of the applicant’s police force (references to “the court” being construed accordingly).

(2)A record of evidence shall be kept on any summary application made by virtue of subsection (1)(c) above.

(3)The clerk of the court by which, by virtue of that subsection, a notification order or interim notification order is made, varied, renewed or discharged shall cause a copy of, as the case may be—

(a)the order as so made, varied or renewed; or

(b)the interlocutor by which discharge is effected,

to be given to the person named in the order or sent to him by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate).

Sexual offences prevention ordersE+W+S+N.I.

104Sexual offences prevention orders: applications and groundsE+W+S+N.I.

(1)A court may make an order under this section in respect of a person (“the defendant”) where any of subsections (2) to (4) applies to the defendant and—

(a)where subsection (4) applies, it is satisfied that the defendant’s behaviour since the appropriate date makes it necessary to make such an order, for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant;

(b)in any other case, it is satisfied that it is necessary to make such an order, for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant.

(2)This subsection applies to the defendant where the court deals with him in respect of an offence listed in Schedule 3 or 5.

(3)This subsection applies to the defendant where the court deals with him in respect of a finding—

(a)that he is not guilty of an offence listed in Schedule 3 or 5 by reason of insanity, or

(b)that he is under a disability and has done the act charged against him in respect of such an offence.

(4)This subsection applies to the defendant where—

(a)an application under subsection (5) has been made to the court in respect of him, and

(b)on the application, it is proved that he is a qualifying offender.

(5)A chief officer of police may by complaint to a magistrates' court apply for an order under this section in respect of a person who resides in his police area or who the chief officer believes is in, or is intending to come to, his police area if it appears to the chief officer that—

(a)the person is a qualifying offender, and

(b)the person has since the appropriate date acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.

(6)An application under subsection (5) may be made to any magistrates' court whose commission area includes—

(a)any part of the applicant’s police area, or

(b)any place where it is alleged that the person acted in a way mentioned in subsection (5)(b).

105SOPOs: further provision as respects ScotlandE+W+S+N.I.

(1)A chief constable may apply for an order under this section in respect of a person who he believes is in, or is intending to come to, the area of his police force if it appears to the chief constable that—

(a)the person has been convicted of, found not guilty by reason of insanity of or found to be under a disability and to have done the act charged against him in respect of—

(i)an offence listed in paragraph 60 of Schedule 3; or

(ii)before the commencement of this Part, an offence in Scotland other than is mentioned in paragraphs 36 to 59 of that Schedule if the chief constable considers that had the conviction or finding been after such commencement it is likely that a determination such as is mentioned in paragraph 60 would have been made in relation to the offence; and

(b)the person has since the conviction or finding acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.

(2)An application under subsection (1) may be made by summary application to a sheriff

[F138(aa)within whose sheriffdom the person in respect of whom the order is sought resides;

(ab)within whose sheriffdom the person is believed by the applicant to be;

(ac)to whose sheriffdom the person is believed by the applicant to be intending to come;

(b)[F139Within whose sheriffdom lies any place where it is alleged that the person acted in a way mentioned in subsection (1)(b).

(3)The sheriff may make the order where satisfied—

(a)that the person’s behaviour since the conviction or finding makes it necessary to make such an order, for the purposes of protecting the public or any particular members of the public from serious sexual harm from the person; and

(b)where the application is by virtue of subsection (1)(a)(ii), that there was a significant sexual aspect to the person’s behaviour in committing the offence.

(4)Subsection (3) of section 106 applies for the purposes of this section as it applies for the purposes of section 104 and subsections (2) and (3) of section 112 apply in relation to a summary application made by virtue of subsection (1) as they apply in relation to one made by virtue of subsection [F140(1)(e) of that section.

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Amendments (Textual)

106Section 104: supplementalE+W+S+N.I.

(1)In this Part, “sexual offences prevention order” means an order under section 104 or 105.

(2)Subsections (3) to (8) apply for the purposes of section 104.

(3)Protecting the public or any particular members of the public from serious sexual harm from the defendant” means protecting the public in the United Kingdom or any particular members of that public from serious physical or psychological harm, caused by the defendant committing one or more offences listed in Schedule 3.

(4)Acts, behaviour, convictions and findings include those occurring before the commencement of this Part.

(5)Qualifying offender” means a person within subsection (6) or (7).

(6)A person is within this subsection if, whether before or after the commencement of this Part, he—

(a)has been convicted of an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5,

(b)has been found not guilty of such an offence by reason of insanity,

(c)has been found to be under a disability and to have done the act charged against him in respect of such an offence, or

(d)in England and Wales or Northern Ireland, has been cautioned in respect of such an offence.

(7)A person is within this subsection if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—

(a)he has been convicted of a relevant offence (whether or not he has been punished for it),

(b)a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that he is not guilty by reason of insanity,

(c)such a court has made in respect of a relevant offence a finding equivalent to a finding that he is under a disability and did the act charged against him in respect of the offence, or

(d)he has been cautioned in respect of a relevant offence.

(8)Appropriate date”, in relation to a qualifying offender, means the date or (as the case may be) the first date on which he was convicted, found or cautioned as mentioned in subsection (6) or (7).

(9)In subsection (7), “relevant offence” means an act which—

(a)constituted an offence under the law in force in the country concerned, and

(b)would have constituted an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5 if it had been done in any part of the United Kingdom.

(10)An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (9), however it is described in that law.

(11)Subject to subsection (12), on an application under section 104(5) the condition in subsection (9)(b) (where relevant) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—

(a)stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,

(b)showing his grounds for that opinion, and

(c)requiring the applicant to prove that the condition is met.

(12)The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is met without service of a notice under subsection (11).

[F141(13)Subsection (14) applies for the purposes of section 104 and this section in their application in relation to England and Wales or Northern Ireland.

(14)In construing any reference to an offence listed in Schedule 3, any condition subject to which an offence is so listed that relates—

(a)to the way in which the defendant is dealt with in respect of an offence so listed or a relevant finding (as defined by section 132(9)), or

(b)to the age of any person,

is to be disregarded.

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Amendments (Textual)

107SOPOs: effectE+W+S+N.I.

(1)A sexual offences prevention order—

(a)prohibits the defendant from doing anything described in the order, and

(b)has effect for a fixed period (not less than 5 years) specified in the order or until further order.

(2)The only prohibitions that may be included in the order are those necessary for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant.

(3)Where—

(a)an order is made in respect of a defendant who was a relevant offender immediately before the making of the order, and

(b)the defendant would (apart from this subsection) cease to be subject to the notification requirements of this Part while the order (as renewed from time to time) has effect,

the defendant remains subject to the notification requirements.

(4)Where an order is made in respect of a defendant who was not a relevant offender immediately before the making of the order—

(a)the order causes the defendant to become subject to the notification requirements of this Part from the making of the order until the order (as renewed from time to time) ceases to have effect, and

(b)this Part applies to the defendant, subject to the modification set out in subsection (5).

(5)The “relevant date” is the date of service of the order.

(6)Where a court makes a sexual offences prevention order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.

(7)Section 106(3) applies for the purposes of this section and section 108.

108SOPOs: variations, renewals and dischargesE+W+S+N.I.

(1)A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a sexual offences prevention order.

(2)The persons are—

(a)the defendant;

(b)the chief officer of police for the area in which the defendant resides;

(c)a chief officer of police who believes that the defendant is in, or is intending to come to, his police area;

(d)where the order was made on an application under section 104(5), the chief officer of police who made the application.

(3)An application under subsection (1) may be made—

(a)where the appropriate court is the Crown Court, in accordance with rules of court;

(b)in any other case, by complaint.

(4)Subject to subsections (5) and (6), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the sexual offences prevention order, that the court considers appropriate.

(5)An order may be renewed, or varied so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant (and any renewed or varied order may contain only such prohibitions as are necessary for this purpose).

(6)The court must not discharge an order before the end of 5 years beginning with the day on which the order was made, without the consent of the defendant and—

(a)where the application is made by a chief officer of police, that chief officer, or

(b)in any other case, the chief officer of police for the area in which the defendant resides.

(7)In this section “the appropriate court” means—

(a)where the Crown Court or the Court of Appeal made the sexual offences prevention order, the Crown Court;

(b)where a magistrates' court made the order, that court, a magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any magistrates' court whose commission area includes any part of the chief officer’s police area;

(c)where a youth court made the order, that court, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court whose commission area includes any part of the chief officer’s police area.

(8)This section applies to orders under—

(a)section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders),

(b)section 2 or 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders made in England and Wales or Scotland), and

(c)Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland),

as it applies to sexual offences prevention orders.

109Interim SOPOsE+W+S+N.I.

(1)This section applies where an application under section 104(5) or 105(1) (“the main application”) has not been determined.

(2)An application for an order under this section (“an interim sexual offences prevention order”)—

(a)may be made by the complaint by which the main application is made, or

(b)if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.

(3)The court may, if it considers it just to do so, make an interim sexual offences prevention order, prohibiting the defendant from doing anything described in the order.

(4)Such an order—

(a)has effect only for a fixed period, specified in the order;

(b)ceases to have effect, if it has not already done so, on the determination of the main application.

(5)Section 107(3) to (5) apply to an interim sexual offences prevention order as if references to an order were references to such an order, and with the omission of “as renewed from time to time” in both places.

(6)The applicant or the defendant may by complaint apply to the court that made the interim sexual offences prevention order for the order to be varied, renewed or discharged.

(7)Subsection (6) applies to orders under—

(a)section 2A or 20(4)(a) of the Crime and Disorder Act 1998 (c. 37) (interim orders made in England and Wales or Scotland), and

(b)Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (interim orders made in Northern Ireland),

as it applies to interim sexual offences prevention orders.

110SOPOs and interim SOPOs: appealsE+W+S+N.I.

(1)A defendant may appeal against the making of a sexual offences prevention order—

(a)where section 104(2) applied to him, as if the order were a sentence passed on him for the offence;

(b)where section 104(3) (but not section 104(2)) applied to him, as if he had been convicted of the offence and the order were a sentence passed on him for that offence;

(c)where the order was made on an application under section 104(5), to the Crown Court.

(2)A defendant may appeal to the Crown Court against the making of an interim sexual offences prevention order.

(3)A defendant may appeal against the making of an order under section 108, or the refusal to make such an order—

(a)where the application for such an order was made to the Crown Court, to the Court of Appeal;

(b)in any other case, to the Crown Court.

(4)On an appeal under subsection (1)(c), (2) or (3)(b), the Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.

(5)Any order made by the Crown Court on an appeal under subsection (1)(c) or (2) (other than an order directing that an application be re-heard by a magistrates' court) is for the purpose of section 108(7) or 109(7) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the Crown Court).

110SOPOs and interim SOPOs: appealsE+W+N.I.

(1)A defendant may appeal against the making of a sexual offences prevention order—

(a)where section 104(2) applied to him, as if the order were a sentence passed on him for the offence;

(b)where section 104(3) (but not section 104(2)) applied to him, as if he had been convicted of the offence and the order were a sentence passed on him for that offence;

(c)where the order was made on an application under section 104(5), to the Crown Court.

(2)A defendant may appeal to the Crown Court against the making of an interim sexual offences prevention order.

(3)A defendant may appeal against the making of an order under section 108, or the refusal to make such an order—

(a)where the application for such an order was made to the Crown Court, to the Court of Appeal;

(b)in any other case, to the Crown Court.

(4)On an appeal under subsection (1)(c), (2) or (3)(b), the Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.

(5)Any order made by the Crown Court on an appeal under subsection (1)(c) or (2) (other than an order directing that an application be re-heard by a magistrates' court) is for the purpose of section 108(7) or 109(7) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the Crown Court).

111Appeals in relation to SOPOs and interim SOPOs: ScotlandE+W+S+N.I.

In Scotland—

(a)an interlocutor granting, F142. . . a sexual offences prevention order [F143on an application under section 104(5) or 105(1) or interim sexual offences prevention order [F144or refusing, varying, renewing or discharging either such order is an appealable interlocutor; F145. . .

(b)where an appeal is taken against an interlocutor so granting, varying or renewing such an order the order shall, without prejudice to any power of the court to vary or recall it, continue to have effect pending the disposal of the appeal.

[F146(c)a sexual offences prevention order made in any other case and any order granting or refusing a variation, renewal or discharge of such a sexual offences prevention order are, for the purposes of appeal, to be regarded—

(i)in the case of solemn proceedings, as if they were orders of the kind referred to in section 106(1)(d) of the Criminal Procedure (Scotland) Act 1995 (c. 46)(appeal against probation and community service orders);

(ii)in the case of summary proceedings, as if they were orders of the kind referred to in section 175(2)(c) of that Act (appeal against probation, community service and other orders); and

(d)where an appeal is taken by virtue of paragraph (c) above, the High Court of Justiciary may, in the appeal proceedings, suspend the order appealed against pending the disposal of the appeal.

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Amendments (Textual)

Prospective

[F147111ASOPO and interim SOPO requirements: ScotlandS

(1)This section applies in relation to a sexual offences prevention order or an interim sexual offences prevention order made, or to be made, by a court in Scotland.

(2)Such an order, in addition to or instead of prohibiting the defendant from doing anything described in the order, may require the defendant to do anything described in the order.

(3)Accordingly, in relation to such an order—

(a)the references in sections 107(2) and 108(5) to a prohibition include a reference to a requirement, and

(b)the reference in section 113(1) to a person's doing anything which he is prohibited from doing includes a reference to his failing to do anything which he is required to do.

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Amendments (Textual)

112Sections 104 and 106 to 109: ScotlandE+W+S+N.I.

(1)Sections 104 and 106 to 109 apply to Scotland with the following modifications—

[F148F149(aa)the references in subsection (2) and (3)(a) of section 104 to an offence listed in Schedule 3 or 5 shall be read as references to an offence listed at paragraphs 36 to 60 of Schedule 3;

(b)an application under subsection (5) of section 104 shall not be competent in respect of a person who is a qualifying offender by virtue only of a conviction or finding which relates to any offence listed at paragraphs 64 to 111 of Schedule 5;

(c)references to a chief officer of police and to his police area are to be read, respectively, as references to a chief constable and to the area of his police force;

(d)references to the defendant are to be read as references to the person in respect of whom the order is sought or has effect;

(e)an application for a sexual offences prevention order F150. . . is made by summary application to any sheriff

[F151(ia)within whose sheriffdom the person in respect of whom the order is sought resides;

(ib)within whose sheriffdom that person is believed by the applicant to be;

(ic)to whose sheriffdom that person is believed by the applicant to be intending to come;

(ii)[F152within whose sheriffdom lies any place where it is alleged that [F153that person acted in a way mentioned in subsection (5)(b) of section 104,

([F154and, in relation to such an order, references to a court or the court shall be construed accordingly);

[F155(ea)an application for an interim sexual offences prevention order—

(i)is made by way of the main application; or

(ii)if the main application has been made, is made, by application to a sheriff for the sheriffdom of the sheriff to whom the main application was made, by the person who made that application,

(and, in relation to such an order, references to a court or the court shall be construed accordingly),

(f)an application for the variation, renewal or discharge of [F156a sexual offences prevention order which was made on an application under section 104(5) or 105(1) or an interim sexual offences prevention order is made by summary application to the sheriff who made the order or to a sheriff—

(i)within whose sheriffdom the person subject to the order resides; F157. . .

[F158(iia)within whose sheriffdom that person is believed by the applicant to be; or

(iib)to whose sheriffdom that person is believed by the applicant to be intending to come,

([F159and, in relation to an application made by virtue of this paragraph, references to a court or the court shall be construed accordingly).

[F160(g)an application for the variation, renewal or discharge of a sexual offences prevention order which was made where subsection (2) or (3) of section 104 applies may be made only by the person in respect of whom the order has effect or the prosecutor;

(h)such an application is made—

(i)where the sexual offences prevention order sought to be varied, renewed or discharged was made by the High Court of Justiciary, to that court;

(ii)where that order was made by the sheriff, to the appropriate sheriff.

[F161(1A)In subsection (1)(h)(ii), the “appropriate sheriff” is—

(a)in a case where the person in respect of whom the order has effect is, at the time of the application for its variation, renewal or discharge, resident in a sheriffdom other than the sheriffdom of the sheriff who made the order, any sheriff exercising criminal jurisdiction in the sheriffdom in which the person is resident;

(b)in any other case, any sheriff exercising criminal jurisdiction in the sheriff court district of the sheriff who made the order.

(2)A record of evidence shall be kept on any summary application made by virtue of subsection (1)(e) or (f) above.

(3)The clerk of the court by which, by virtue of that subsection, a sexual offences prevention order or interim sexual offences prevention order is made, varied, renewed or discharged shall cause a copy of, as the case may be—

(a)the order as so made, varied or renewed; or

(b)the interlocutor by which discharge is effected,

to be given to the person named in the order or sent to him by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate).

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Amendments (Textual)

113Offence: breach of SOPO or interim SOPOE+W+S+N.I.

(1)A person commits an offence if, without reasonable excuse, he does anything which he is prohibited from doing by—

(a)a sexual offences prevention order;

(b)an interim sexual offences prevention order;

(c)an order under section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders);

(d)an order under section 2, 2A or 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim orders made in England and Wales and in Scotland);

(e)an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders and interim orders made in Northern Ireland).

(2)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(3)Where a person is convicted of an offence under this section, it is not open to the court by or before which he is convicted to make, in respect of the offence, an order for conditional discharge or, in Scotland, a probation order.

Foreign travel ordersE+W+S+N.I.

114Foreign travel orders: applications and groundsE+W+S+N.I.

(1)A chief officer of police may by complaint to a magistrates' court apply for an order under this section (a “foreign travel order”) in respect of a person (“the defendant”) who resides in his police area or who the chief officer believes is in or is intending to come to his police area if it appears to the chief officer that—

(a)the defendant is a qualifying offender, and

(b)the defendant has since the appropriate date acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.

(2)An application under subsection (1) may be made to any magistrates' court whose commission area includes any part of the applicant’s police area.

(3)On the application, the court may make a foreign travel order if it is satisfied that—

(a)the defendant is a qualifying offender, and

(b)the defendant’s behaviour since the appropriate date makes it necessary to make such an order, for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom.

115Section 114: interpretationE+W+S+N.I.

(1)Subsections (2) to (5) apply for the purposes of section 114.

(2)Protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom” means protecting persons [F162under 18 generally or any particular person [F162under 18 from serious physical or psychological harm caused by the defendant doing, outside the United Kingdom, anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom.

(3)Acts and behaviour include those occurring before the commencement of this Part.

(4)Qualifying offender” has the meaning given by section 116.

(5)Appropriate date”, in relation to a qualifying offender, means the date or (as the case may be) the first date on which he was convicted, found or cautioned as mentioned in subsection (1) or (3) of section 116.

(6)F163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F162Words in s. 115(2) substituted (E.W.N.I.) (1.4.2010) by Policing and Crime Act 2009, {ss. 23(1)(a)}, 116(1) (with 23(2)); S.I. 2010/507, art. 5(j) (subject to art. 6) and "18" substituted (S.) (13.12.2010) for "16" by virtue of Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 101(2), 206(1); S.S.I. 2010/413, art. 2, Sch.

F163S. 115(6) repealed (E.W.N.I.) (1.4.2010) by Policing and Crime Act 2009, ss. 112(2), 116(1), {Sch. 8 Pt. 2}; S.I. 2010/507, art. 5(x) (subject to art. 6)

116Section 114: qualifying offendersE+W+N.I.

(1)A person is a qualifying offender for the purposes of section 114 if, whether before or after the commencement of this Part, he—

(a)has been convicted of an offence within subsection (2),

(b)has been found not guilty of such an offence by reason of insanity,

(c)has been found to be under a disability and to have done the act charged against him in respect of such an offence, or

(d)in England and Wales or Northern Ireland, has been cautioned in respect of such an offence.

(2)The offences are—

(a)an offence within any of paragraphs 13 to 15, 44 to 46, 77, 78 and 82 of Schedule 3;

(b)an offence within paragraph 31 of that Schedule, if the intended offence was an offence against a person [F164under 18;

(c)an offence within paragraph 93 [F165or 93A of that Schedule, if—

(i)the corresponding civil offence is an offence within any of paragraphs 13 to 15 of that Schedule;

(ii)the corresponding civil offence is an offence within paragraph 31 of that Schedule, and the intended offence was an offence against a person [F164under 18; or

(iii)the corresponding civil offence is an offence within any of paragraphs 1 to 12, 16 to 30 and 32 to 35 of that Schedule, and the victim of the offence was [F164under 18 at the time of the offence.

(d)an offence within any other paragraph of that Schedule, if the victim of the offence was [F164under 18 at the time of the offence.

[F166(2A)In subsection (2)(c) references to the corresponding civil offence are to be read, in relation to an offence within paragraph 93A of Schedule 3, as references to the corresponding offence under the law of England and Wales.

(3)A person is also a qualifying offender for the purposes of section 114 if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—

(a)he has been convicted of a relevant offence (whether or not he has been punished for it),

(b)a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that he is not guilty by reason of insanity,

(c)such a court has made in respect of a relevant offence a finding equivalent to a finding that he is under a disability and did the act charged against him in respect of the offence, or

(d)he has been cautioned in respect of a relevant offence.

(4)In subsection (3), “relevant offence” means an act which—

(a)constituted an offence under the law in force in the country concerned, and

(b)would have constituted an offence within subsection (2) if it had been done in any part of the United Kingdom.

(5)An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (4), however it is described in that law.

(6)Subject to subsection (7), on an application under section 114 the condition in subsection (4)(b) above (where relevant) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—

(a)stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,

(b)showing his grounds for that opinion, and

(c)requiring the applicant to prove that the condition is met.

(7)The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is met without service of a notice under subsection (6).

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Extent Information

E4This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only

Amendments (Textual)

F165Words in s. 116(2)(c) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 207(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F166S. 116(2A) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 207(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

116Section 114: qualifying offendersS

(1)A person is a qualifying offender for the purposes of section 114 if, whether before or after the commencement of this Part, he—

(a)has been convicted of an offence within subsection (2),

(b)has been found not guilty of such an offence by reason of insanity,

(c)has been found to be under a disability and to have done the act charged against him in respect of such an offence, or

(d)in England and Wales or Northern Ireland, has been cautioned in respect of such an offence.

(2)The offences are—

(a)an offence within any of paragraphs 13 to 15, 44 to 46, 77, 78 and 82 of Schedule 3;

(b)an offence within paragraph 31 of that Schedule, if the intended offence was an offence against a person under 16;

(c)an offence within paragraph 93 [F165or 93A ]of that Schedule, if—

(i)the corresponding civil offence is an offence within any of paragraphs 13 to 15 of that Schedule;

(ii)the corresponding civil offence is an offence within paragraph 31 of that Schedule, and the intended offence was an offence against a person under 16; or

(iii)the corresponding civil offence is an offence within any of paragraphs 1 to 12, 16 to 30 and 32 to 35 of that Schedule, and the victim of the offence was under 16 at the time of the offence.

(d)an offence within any other paragraph of that Schedule, if the victim of the offence was under [F33618] at the time of the offence.

[F166(2A)In subsection (2)(c) references to the corresponding civil offence are to be read, in relation to an offence within paragraph 93A of Schedule 3, as references to the corresponding offence under the law of England and Wales.]

(3)A person is also a qualifying offender for the purposes of section 114 if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—

(a)he has been convicted of a relevant offence (whether or not he has been punished for it),

(b)a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that he is not guilty by reason of insanity,

(c)such a court has made in respect of a relevant offence a finding equivalent to a finding that he is under a disability and did the act charged against him in respect of the offence, or

(d)he has been cautioned in respect of a relevant offence.

(4)In subsection (3), “relevant offence” means an act which—

(a)constituted an offence under the law in force in the country concerned, and

(b)would have constituted an offence within subsection (2) if it had been done in any part of the United Kingdom.

(5)An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (4), however it is described in that law.

(6)Subject to subsection (7), on an application under section 114 the condition in subsection (4)(b) above (where relevant) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—

(a)stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,

(b)showing his grounds for that opinion, and

(c)requirin