Sexual Offences Act 2003 (c. 42)

SCHEDULES

Section 80

SCHEDULE 3 U.K. Sexual offences for purposes of Part 2

England and Wales U.K.

1 U.K. An offence under section 1 of the Sexual Offences Act 1956 (c. 69) (rape).

2 U.K. An offence under section 5 of that Act (intercourse with girl under 13).

3 U.K. An offence under section 6 of that Act (intercourse with girl under 16), if the offender was 20 or over.

4 U.K. An offence under section 10 of that Act (incest by a man), if the victim or (as the case may be) other party was under 18.

5 U.K. An offence under section 12 of that Act (buggery) if—

(a) the offender was 20 or over, and

(b) the victim or (as the case may be) other party was under 18.

6 U.K. An offence under section 13 of that Act (indecency between men) if—

(a) the offender was 20 or over, and

(b) the victim or (as the case may be) other party was under 18.

7 U.K. An offence under section 14 of that Act (indecent assault on a woman) if—

(a) the victim or (as the case may be) other party was under 18, or

(b) the offender, in respect of the offence or finding, is or has been—

(i) sentenced to imprisonment for a term of at least 30 months; or

(ii) admitted to a hospital subject to a restriction order.

8 U.K. An offence under section 15 of that Act (indecent assault on a man) if—

(a) the victim or (as the case may be) other party was under 18, or

(b) the offender, in respect of the offence or finding, is or has been—

(i) sentenced to imprisonment for a term of at least 30 months; or

(ii) admitted to a hospital subject to a restriction order.

9 U.K. An offence under section 16 of that Act (assault with intent to commit buggery), if the victim or (as the case may be) other party was under 18.

10 U.K. An offence under section 28 of that Act (causing or encouraging the prostitution of, intercourse with or indecent assault on girl under 16).

11 U.K. An offence under section 1 of the Indecency with Children Act 1960 (c. 33) (indecent conduct towards young child).

12 U.K. An offence under section 54 of the Criminal Law Act 1977 (c. 45) (inciting girl under 16 to have incestuous sexual intercourse).

13 U.K. An offence under section 1 of the Protection of Children Act 1978 (c. 37) (indecent photographs of children), if the indecent photographs or pseudo-photographs showed persons under 16 and—

(a) the conviction, finding or caution was before the commencement of this Part, or

(b) the offender—

(i) was 18 or over, or

(ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.

14 U.K. An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles), if the prohibited goods included indecent photographs of persons under 16 and—

(a) the conviction, finding or caution was before the commencement of this Part, or

(b) the offender—

(i) was 18 or over, or

(ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.

15 U.K. An offence under section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of a child), if the indecent photographs or pseudo-photographs showed persons under 16 and—

(a) the conviction, finding or caution was before the commencement of this Part, or

(b) the offender—

(i) was 18 or over, or

(ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.

16 U.K. An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust), if the offender was 20 or over.

17 U.K. An offence under section 1 or 2 of this Act (rape, assault by penetration).

18 U.K. An offence under section 3 of this Act (sexual assault) if—

(a) where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

(c) made the subject of a community sentence of at least 12 months.

19 U.K. An offence under any of sections 4 to 6 of this Act (causing sexual activity without consent, rape of a child under 13, assault of a child under 13 by penetration).

20 U.K. An offence under section 7 of this Act (sexual assault of a child under 13) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

21 U.K. An offence under any of sections 8 to 12 of this Act (causing or inciting a child under 13 to engage in sexual activity, child sex offences committed by adults).

22 U.K. An offence under section 13 of this Act (child sex offences committed by children or young persons), if the offender is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months.

23 U.K. An offence under section 14 of this Act (arranging or facilitating the commission of a child sex offence) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months.

24 U.K. An offence under section 15 of this Act (meeting a child following sexual grooming etc).

25 U.K. An offence under any of sections 16 to 19 of this Act (abuse of a position of trust) if the offender, in respect of the offence, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

(c) made the subject of a community sentence of at least 12 months.

26 U.K. An offence under section 25 or 26 of this Act (familial child sex offences) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

27 U.K. An offence under any of sections 30 to 37 of this Act (offences against persons with a mental disorder impeding choice, inducements etc. to persons with mental disorder).

28 U.K. An offence under any of sections 38 to 41 of this Act (care workers for persons with mental disorder) if —

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case, the offender, in respect of the offence or finding, is or has been—

(i) sentenced to a term of imprisonment,

(ii) detained in a hospital, or

(iii) made the subject of a community sentence of at least 12 months.

29 U.K. An offence under section 47 of this Act (paying for sexual services of a child) if the victim or (as the case may be) other party was under 16, and the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

[F1 29A U.K. An offence under section 48 of this Act (causing or inciting child prostitution or pornography) if the offender –

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

Textual Amendments

F1 Sch. 3 paras. 29A-29C inserted (19.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 2(2)

29B U.K. An offence under section 49 of this Act (controlling a child prostitute or a child involved in pornography) if the offender –

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

Textual Amendments

F1 Sch. 3 paras. 29A-29C inserted (19.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 2(2)

29C U.K. An offence under section 50 of this Act (arranging or facilitating child prostitution or pornography) if the offender –

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.]

Textual Amendments

F1 Sch. 3 paras. 29A-29C inserted (19.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 2(2)

30 U.K. An offence under section 61 of this Act (administering a substance with intent).

31 U.K. An offence under section 62 or 63 of this Act (committing an offence or trespassing, with intent to commit a sexual offence) if—

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the intended offence was an offence against a person under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

(c) made the subject of a community sentence of at least 12 months.

32 U.K. An offence under section 64 or 65 of this Act (sex with an adult relative) if —

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case, the offender, in respect of the offence or finding, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) detained in a hospital.

33 U.K. An offence under section 66 of this Act (exposure) if—

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

(c) made the subject of a community sentence of at least 12 months.

34 U.K. An offence under section 67 of this Act (voyeurism) if—

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

(c) made the subject of a community sentence of at least 12 months.

35 U.K. An offence under section 69 or 70 of this Act (intercourse with an animal, sexual penetration of a corpse) if —

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case, the offender, in respect of the offence or finding, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) detained in a hospital.

[F2 35A E+W+N.I. An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—

(a) was 18 or over, and

(b) is sentenced in respect of the offence to imprisonment for a term of at least 2 years.]

Textual Amendments

F2 Sch. 3 para. 35A inserted (E.W.N.I.) (26.1.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(7), Sch. 26 para. 58(2); S.I. 2008/2993, art. 2(2)(j)

[F3 35B U.K. An offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited images of children) if the offender—

(a) was 18 or over, and

(b) is sentenced in respect of the offence to imprisonment for a term of at least 2 years.]

Textual Amendments

F3 Sch. 3 para. 35B inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(5), Sch. 21 para. 62(2); S.I. 2010/816, art. 2, Sch. para. 20(a) (with art. 7)

Scotland U.K.

36 U.K. Rape [F4 at common law].

Textual Amendments

F4 Words in Sch. 3 para. 36 added (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(a); S.S.I. 2010/357, art. 2(a)

37 U.K. Clandestine injury to women.

38 U.K. Abduction of woman or girl with intent to rape.

[F5 38A S Abduction with intent to commit rape under section 1 (rape) of the Sexual Offences (Scotland) Act 2009 (asp 9).

Textual Amendments

F5 Sch. 3 paras. 38A, 38B inserted (S.) (1.12.2010) by The Sexual Offences (Scotland) Act 2009 (Supplemental and Consequential Provisions) Order 2010 (S.S.I. 2010/421), art. 2, Sch. para. 3(a)

38B S Abduction with intent to commit rape under section 18 (rape of a young child) of that Act.]

Textual Amendments

F5 Sch. 3 paras. 38A, 38B inserted (S.) (1.12.2010) by The Sexual Offences (Scotland) Act 2009 (Supplemental and Consequential Provisions) Order 2010 (S.S.I. 2010/421), art. 2, Sch. para. 3(a)

39 U.K. Assault with intent to rape or ravish.

[F6 39A S Assault with intent to commit rape under section 1 (rape) of the Sexual Offences (Scotland) Act 2009.

Textual Amendments

F6 Sch. 3 paras. 39A, 39B inserted (S.) (1.12.2010) by The Sexual Offences (Scotland) Act 2009 (Supplemental and Consequential Provisions) Order 2010 (S.S.I. 2010/421), art. 2, Sch. para. 3(b)

39B S Assault with intent to commit rape under section 18 (rape of a young child) of that Act.]

Textual Amendments

F6 Sch. 3 paras. 39A, 39B inserted (S.) (1.12.2010) by The Sexual Offences (Scotland) Act 2009 (Supplemental and Consequential Provisions) Order 2010 (S.S.I. 2010/421), art. 2, Sch. para. 3(b)

40 U.K. Indecent assault.

41 U.K. Lewd, indecent or libidinous behaviour or practices.

[F7 41A U.K. Public indecency if—

(a) a person (other than the offender) involved in the offence was under 18, and

(b) the court determines that there was a significant sexual aspect to the offender's behaviour in committing the offence.]

Textual Amendments

F7 Sch. 3 para. 41A inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(5)(b); S.S.I. 2010/357, art. 2(a)

42 U.K.

[F8 Shameless indecency, if a person (other than the offender) involved in the offence was under 18.]

Textual Amendments

F8 Sch. 3 para. 42 repealed (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(2), 62(2), Sch. 6; S.S.I. 2010/357, art. 2(a)

43 U.K. Sodomy, unless every person involved in the offence was 16 or over and was a willing participant.

44 E+W+N.I. An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles), if the prohibited goods included indecent photographs of persons under 16.

Extent Information

E1 This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only

44 S An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles), if

[F49 (a) the prohibited goods included indecent photographs or pseudo-photographs of persons under 16 and the offender—

(i) was 18 or over, or

(ii) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or

(b) in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph.]

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Textual Amendments

F49 Words in Sch. 3 para. 44 substituted (S.) (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 41(3)(a), 206(1); S.S.I. 2010/413, art. 2, Sch.

[F9 44A S An offence under section 51A of the Civic Government (Scotland) Act 1982 (c.45) (possession of extreme pornography) if—

(a) the offender—

(i) was 18 or over, and

(ii) is or has been sentenced in respect of the offence to imprisonment for a term of more than 12 months, and

(b) in imposing sentence, the court determines that it is appropriate that Part 2 of this Act should apply in relation to the offender.]

Textual Amendments

F9 Sch. 3 para. 44A inserted (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 42(3), 206(1); S.I. 2011/178, art. 2, Sch.

Modifications etc. (not altering text)

C1 Sch. 3 para. 44A extended (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 3(2) (with art. 4(4))

45 U.K. An offence under section 52 of the Civic Government (Scotland) Act 1982 (c. 45) (taking and distribution of indecent images of children) [F10 if—

(a) the child was under 16 and the offender—

(i) was 18 or over, or

(ii) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or

(b) in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph]

.

Textual Amendments

F10 Sch. 3 para. 45(a)(b) and preceding word inserted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 18, 20, Sch. para. 3(a); S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 18, Sch. para. 3 were extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(b))

46 U.K. An offence under section 52A of that Act (possession of indecent images of children) [F11 if—

(a) the child was under 16 and the offender—

(i) was 18 or over, or

(ii) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or

(b) in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph]

.

Textual Amendments

F11 Sch. 3 para. 46(a)(b) and preceding word inserted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 18, 20, Sch. para. 3(b); S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 18, Sch. para. 3 were extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(b))

47 U.K. An offence under section 106 of the Mental Health (Scotland) Act 1984 (c. 36) (protection of mentally handicapped females).

48 U.K. An offence under section 107 of that Act (protection of patients).

49 U.K. An offence under section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (incest), if a person (other than the offender) involved in the offence was under 18.

50 U.K. An offence under section 2 of that Act (intercourse with a stepchild), if a person (other than the offender) involved in the offence was under 18.

51 U.K. An offence under section 3 of that Act (intercourse with child under 16 by person in position of trust).

52 U.K. An offence under section 5 of that Act (unlawful intercourse with girl under 16), save in the case of an offence in contravention of subsection (3) of that section where the offender was under 20.

53 U.K. An offence under section 6 of that Act (indecent behaviour towards girl between 12 and 16).

54 U.K. An offence under section 8 of that Act (abduction of girl under 18 for purposes of unlawful intercourse).

55 U.K. An offence under section 10 of that Act (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16).

56 U.K. An offence under section 13(5) of that Act (homosexual offences) unless every person involved (whether in the offence or in the homosexual act) was 16 or over and was a willing participant.

57 U.K. An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust), where the offender was 20 or over.

58 U.K. An offence under section 311(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (non-consensual sexual acts).

59 U.K. An offence under section 313(1) of that Act (persons providing care services: sexual offences).

[F12 59A U.K. An offence under section 1 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)(meeting a child following certain preliminary contact) if—

(a) the offender—

(i) was 18 or over, or

(ii) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or

(b) in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph.

Textual Amendments

F12 Sch. 3 paras. 59A-59C inserted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 18, 20, Sch. para. 3(c); S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 18, Sch. para. 3 were extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(b))

59B U.K. An offence under section 9 of that Act (paying for sexual services of a child), if—

(a) the victim or (as the case may be) other party was under 16 and the offender—

(i) was 18 or over, or

(ii) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or

(b) in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph.

Textual Amendments

F12 Sch. 3 paras. 59A-59C inserted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 18, 20, Sch. para. 3(c); S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 18, Sch. para. 3 were extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(b))

59C U.K. An offence under any of sections 10 to 12 of that Act, if—

(a) the provider of sexual services or (as the case may be) person involved in pornography was under 16 and the offender—

(i) was 18 or over, or

(ii) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or

(b) in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph.]

Textual Amendments

F12 Sch. 3 paras. 59A-59C inserted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 18, 20, Sch. para. 3(c); S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 18, Sch. para. 3 were extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(b))

[F13 59D S An offence under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9) (rape).

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59E S An offence under section 2 of that Act (sexual assault by penetration).

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59F S An offence under section 3 of that Act (sexual assault).

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59G S An offence under section 4 of that Act (sexual coercion).

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59H S An offence under section 5 of that Act (coercing a person into being present during a sexual activity).

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59I S An offence under section 6 of that Act (coercing a person into looking at a sexual image).

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59J S An offence under section 7(1) of that Act (communicating indecently).

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59K S An offence under section 7(2) of that Act (causing a person to see or hear an indecent communication).

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59L S An offence under section 8 of that Act (sexual exposure) if—

(a) the offender, in respect of the offence, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) admitted to a hospital, or

(b) the offender was 18 or over and the victim was under 18.

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59M S An offence under section 9 of that Act (voyeurism).

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59N S An offence under section 11 of that Act (administering a substance for sexual purposes).

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59O S An offence under section 18 of that Act (rape of a young child).

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59P S An offence under section 19 of that Act (sexual assault on a young child by penetration).

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59Q S An offence under section 20 of that Act (sexual assault on a young child).

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59R S An offence under section 21 of that Act (causing a young child to participate in a sexual activity).

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59S S An offence under section 22 of that Act (causing a young child to be present during a sexual activity).

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59T S An offence under section 23 of that Act (causing a young child to look at a sexual image).

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59U S An offence under section 24(1) of that Act (communicating indecently with a young child).

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59V S An offence under section 24(2) of that Act (causing a young child to see or hear an indecent communication).

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59W S An offence under section 25 of that Act (sexual exposure to a young child).

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59X S An offence under section 26 of that Act (voyeurism towards a young child).

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59Y S An offence under section 28 of that Act (having intercourse with an older child) if the offender—

(a) was 18 or over, or

(b) in respect of the offence, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) admitted to a hospital.

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59Z S An offence under section 29 of that Act (engaging in penetrative sexual activity with or towards an older child) if the offender—

(a) was 18 or over, or

(b) in respect of the offence, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) admitted to a hospital.

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59ZA S An offence under section 30 of that Act (engaging in sexual activity with or towards an older child) if the offender—

(a) was 18 or over, or

(b) in respect of the offence, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) admitted to a hospital.

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59ZB S An offence under section 31 of that Act (causing an older child to participate in a sexual activity) if the offender—

(a) was 18 or over, or

(b) in respect of the offence, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) admitted to a hospital.

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59ZC S An offence under section 32 of that Act (causing an older child to be present during a sexual activity) if the offender—

(a) was 18 or over, or

(b) in respect of the offence, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) admitted to a hospital.

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59ZD S An offence under section 33 of that Act (causing an older child to look at a sexual image) if the offender—

(a) was 18 or over, or

(b) in respect of the offence, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) admitted to a hospital.

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59ZE S An offence under section 34(1) of that Act (communicating indecently with an older child) if the offender—

(a) was 18 or over, or

(b) in respect of the offence, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) admitted to a hospital.

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59ZF S An offence under section 34(2) of that Act (causing an older child to see or hear an indecent communication) if the offender—

(a) was 18 or over, or

(b) in respect of the offence, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) admitted to a hospital.

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59ZG S An offence under section 35 of that Act (sexual exposure to an older child) if the offender—

(a) was 18 or over, or

(b) in respect of the offence, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) admitted to a hospital.

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59ZH S An offence under section 36 of that Act (voyeurism towards an older child) if the offender—

(a) was 18 or over, or

(b) in respect of the offence, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) admitted to a hospital.

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59ZI S An offence under section 37(1) of that Act (engaging while an older child in sexual conduct with or towards another older child) if, in respect of the offence, the offender is or has been—

(a) sentenced to a term of imprisonment, or

(b) admitted to a hospital.

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59ZJ S An offence under section 37(4) of that Act (engaging while an older child in consensual sexual conduct with another older child) if, in respect of the offence, the offender is or has been—

(a) sentenced to a term of imprisonment, or

(b) admitted to a hospital.

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59ZK S An offence under section 42 of that Act (sexual abuse of trust) where (either or both)—

(a) the offender is 20 or over,

(b) the condition set out in section 43(6) of that Act is fulfilled.

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

59ZL S An offence under section 46 of that Act (sexual abuse of trust of a mentally disordered person).]

Textual Amendments

F13 Sch. 3 paras. 59D-59ZL inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(c); S.S.I. 2010/357, art. 2(a)

60 U.K. An offence in Scotland other than is mentioned in paragraphs 36 to [F14 59ZL] if the court, in imposing sentence or otherwise disposing of the case, determines for the purposes of this paragraph that there was a significant sexual aspect to the offender’s behaviour in committing the offence.

Textual Amendments

F14 Word in Sch. 3 para. 60 substituted for "59C" (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), Sch. 5 para. 5(d); S.S.I. 2010/357, art. 2(a)

Northern Ireland U.K.

61 U.K. Rape.

62 U.K. An offence under section 52 of the Offences against the Person Act 1861 (c. 100) (indecent assault upon a female) if—

(a) where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

(c) made the subject of a community sentence of at least 12 months.

63 U.K. An offence under section 53 or 54 of that Act (abduction of woman by force for unlawful sexual intercourse) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

64 U.K. An offence under section 61 of that Act (buggery) if—

(a) the offender was 20 or over, and

(b) the victim or (as the case may be) other party was under 18.

65 U.K. An offence under section 62 of that Act of assault with intent to commit buggery if the victim or (as the case may be) other party was under 18, and the offender —

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

66 U.K. An offence under section 62 of that Act of indecent assault upon a male person if—

(a) where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

(c) made the subject of a community sentence of at least 12 months.

67 U.K. An offence under section 2 of the Criminal Law Amendment Act 1885 (c. 69) (procuration) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

68 U.K. An offence under section 3 of that Act (procuring defilement of woman by threats or fraud, etc.) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

69 U.K. An offence under section 4 of that Act of unlawful carnal knowledge of a girl under 14 if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

70 U.K. An offence under section 5 of that Act of unlawful carnal knowledge of a girl under 17, if the offender was 20 or over.

71 U.K. An offence under section 7 of that Act (abduction of girl under 18) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

72 U.K. An offence under section 11 of that Act (homosexual offences) if—

(a) the offender was 20 or over, and

(b) the victim or (as the case may be) other party was under 18.

73 U.K. An offence under section 1 of the Punishment of Incest Act 1908 (c. 45) (incest by males), if —

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim or (as the case may be) other party was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment, or

(b) detained in a hospital.

74 U.K. An offence under section 2 of that Act (incest by females), if—

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim or (as the case may be) other party was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment, or

(b) detained in a hospital.

75 U.K. An offence under section 21 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34) (causing or encouraging seduction or prostitution of a girl under 17) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

76 U.K. An offence under section 22 of that Act (indecent conduct towards a child) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

77 U.K. An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

78 U.K. An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles), if the prohibited goods included indecent photographs of persons under 16, and the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

79 U.K. An offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)) (inciting girl under 16 to have incestuous sexual intercourse) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

80 U.K. An offence under Article 122 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (offences against women suffering from severe mental handicap).

81 U.K. An offence under Article 123 of that Order (offences against patients) if—

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case, the offender, in respect of the offence or finding, is or has been—

(i) sentenced to a term of imprisonment,

(ii) detained in a hospital, or

(iii) made the subject of a community sentence of at least 12 months.

82 U.K. An offence under Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17) (possession of indecent photographs of children) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

83 U.K. An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust), if the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

(c) made the subject of a community sentence of at least 12 months.

84 U.K. An offence under Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (buggery) if—

(a) the offender was 20 or over, and

(b) the victim or (as the case may be) other party was under 17.

85 U.K. An offence under Article 20 of that Order (assault with intent to commit buggery) if the victim was under 18 and the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

86 U.K. An offence under Article 21 of that Order (indecent assault upon a male) if—

(a) where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

(c) made the subject of a community sentence of at least 12 months.

87 U.K. An offence under section 15 of this Act (meeting a child following sexual grooming etc.).

88 U.K. An offence under any of sections 16 to 19 of this Act (abuse of trust) if the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

(c) made the subject of a community sentence of at least 12 months.

89 U.K. An offence under section 47 of this Act (paying for sexual services of a child) if the victim or (as the case may be) other party was under 17 and the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to a term of imprisonment of at least 12 months.

[F15 89A U.K. An offence under section 48 of this Act (causing or inciting child prostitution or pornography) if the offender –

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

Textual Amendments

F15 Sch. 3 paras. 89A-89C inserted (19.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 2(3)

89B U.K. An offence under section 49 of this Act (controlling a child prostitute or a child involved in pornography) if the offender –

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

Textual Amendments

F15 Sch. 3 paras. 89A-89C inserted (19.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 2(3)

89C U.K. An offence under section 50 of this Act (arranging or facilitating child prostitution or pornography) if the offender –

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.]

Textual Amendments

F15 Sch. 3 paras. 89A-89C inserted (19.2.2007) by The Sexual Offences Act 2003 (Amendment of Schedules 3 and 5) Order 2007 (S.I. 2007/296), arts. 1(1), 2(3)

90 U.K. An offence under section 66 of this Act (exposure) if—

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

(c) made the subject of a community sentence of at least 12 months.

91 U.K. An offence under section 67 of this Act (voyeurism) if—

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

(c) made the subject of a community sentence of at least 12 months.

92 U.K. An offence under section 69 or 70 of this Act (intercourse with an animal, sexual penetration of a corpse) if —

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case, the offender, in respect of the offence or finding, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) detained in a hospital.

[F16 [F17 92B] U.K. An offence under Article 5 or 6 of the Sexual Offences (Northern Ireland) Order 2008 (rape, assault by penetration).

Textual Amendments

F16 Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2

F17 Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), Sch. 21 para. 62(3)

[F18 92C] U.K. An offence under Article 7 of that Order (sexual assault) if—

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(aa) sentenced to a term of imprisonment,

(bb) detained in a hospital, or

(cc) made the subject of a community sentence of at least 12 months.

Textual Amendments

F16 Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2

F18 Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), Sch. 21 para. 62(3)

[F19 92D] U.K. An offence under Article 8, 12 or 13 of that Order (causing sexual activity without consent, rape of a child under 13, assault of a child under 13 by penetration).

Textual Amendments

F16 Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2

F19 Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), Sch. 21 para. 62(3)

[F20 92E] U.K. An offence under Article 14 of that Order (sexual assault of a child under 13) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

Textual Amendments

F16 Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2

F20 Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), Sch. 21 para. 62(3)

[F21 92F] U.K. An offence under any of Articles 15 to 19 of that Order (causing or inciting a child under 13 to engage in sexual activity, sexual offences against children committed by adults).

Textual Amendments

F16 Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2

F21 Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), Sch. 21 para. 62(3)

[F22 92G] U.K. An offence under Article 20 of that Order (sexual offences against children committed by children or young persons), if the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

Textual Amendments

F16 Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2

F22 Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), {Sch. 21, para. 62(3)}

[F23 92H] U.K. An offence under Article 21 of that Order (arranging or facilitating the commission of a sexual offence against a child) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

Textual Amendments

F16 Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2

F23 Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), Sch. 21 para. 62(3)

[F24 92I] U.K. An offence under Article 22 of that Order (meeting a child following sexual grooming etc).

Textual Amendments

F16 Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2

F24 Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), Sch. 21 para. 62(3)

[F25 92J] U.K. An offence under any of Articles 23 to 26 of that Order (abuse of a position of trust) if the offender, in respect of the offence, is or has been—

(a) sentenced to a term of imprisonment,

(b) detained in a hospital, or

(c) made the subject of a community sentence of at least 12 months.

Textual Amendments

F16 Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2

F25 Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), Sch. 21 para. 62(3)

[F26 92K] U.K. An offence under Article 32 or 33 of that Order (familial sexual offences against children) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

Textual Amendments

F16 Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2

F26 Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), Sch. 21 para. 62(3)

[F27 92L] U.K. An offence under Article 37 (paying for sexual services of a child) if the victim or (as the case may be) other party was under 16, and the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

Textual Amendments

F16 Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2

F27 Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), Sch. 21 para. 62(3)

[F28 92M] U.K. An offence under Article 38 (causing or inciting child prostitution or pornography) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

Textual Amendments

F16 Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2

F28 Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), Sch. 21 para. 62(3)

[F29 92N] U.K. An offence under Article 39 (controlling a child prostitute or a child involved in pornography) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

Textual Amendments

F16 Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2

F29 Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), Sch. 21 para. 62(3)

[F30 92O] U.K. An offence under Article 40 (arranging or facilitating child prostitution or pornography) if the offender—

(a) was 18 or over, or

(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

Textual Amendments

F16 Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2

F30 Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), Sch. 21 para. 62(3)

[F31 92P] U.K. An offence under any of Articles 43 to 50 of that Order (offences against persons with a mental disorder impeding choice, inducements etc. to persons with mental disorder).

Textual Amendments

F16 Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2

F31 Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), Sch. 21 para. 62(3)

[F32 92Q] U.K. An offence under any of Articles 51 to 54 of that Order (care workers for persons with mental disorder) if—

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case, the offender, in respect of the offence or finding, is or has been—

(i) sentenced to a term of imprisonment,

(ii) detained in a hospital, or

(iii) made the subject of a community sentence of at least 12 months.

Textual Amendments

F16 Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2

F32 Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), {Sch. 21, para. 62(3)}

[F33 92R] U.K. An offence under Article 65 of that Order (administering a substance with intent).

Textual Amendments

F16 Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2

F33 Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), Sch. 21 para. 62(3)

[F34 92S] U.K. An offence under Article 66 or 67 of that Order (committing an offence or trespassing, with intent to commit a sexual offence) if—

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the intended offence was an offence against a person under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(aa) sentenced to a term of imprisonment,

(bb) detained in a hospital, or

(cc) made the subject of a community sentence of at least 12 months.

Textual Amendments

F16 Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2

F34 Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), {Sch. 21, para. 62(3)}

[F35 92T] U.K. An offence under Article 68 or 69 of that Order (sex with an adult relative) if—

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case, the offender, in respect of the offence or finding, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) detained in a hospital.

Textual Amendments

F16 Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2

F35 Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), Sch. 21 para. 62(3)

[F36 92U] U.K. An offence under Article 70 of that Order (exposure) if—

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(aa) sentenced to a term of imprisonment,

(bb) detained in a hospital, or

(cc) made the subject of a community sentence of at least 12 months.

Textual Amendments

F16 Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2

F36 Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), Sch. 21 para. 62(3)

[F37 92V] U.K. An offence under Article 71 of that Order (voyeurism) if—

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case—

(i) the victim was under 18, or

(ii) the offender, in respect of the offence or finding, is or has been—

(aa) sentenced to a term of imprisonment,

(bb) detained in a hospital, or

(cc) made the subject of a community sentence of at least 12 months.

Textual Amendments

F16 Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2

F37 Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), {Sch. 21para. 62(3)}

[F38 92W] U.K. An offence under Article 73 or 74 of that Order (intercourse with an animal, penetration of a corpse) if—

(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b) in any other case, the offender, in respect of the offence or finding, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) detained in a hospital.]

Textual Amendments

F16 Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2

F38 Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), Sch. 21 para. 62(3)

[F39 92X U.K. An offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited images of children) if the offender—

(a) was 18 or over, and

(b) is sentenced in respect of the offence to imprisonment for a term of at least 2 years.]

Textual Amendments

F39 Sch. 3 para. 92X inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(5), Sch. 21 para. 62(4); S.I. 2010/816, art. 2, Sch. para. 20(a) (with art. 7)

[F40 92A U.K. An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—

(a) was 18 or over, and

(b) is sentenced in respect of the offence to imprisonment for a term of at least 2 years.]

Textual Amendments

F40 Sch. 3 para. 92A inserted (26.1.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(7), Sch. 26 para. 58(3); S.I. 2008/2993, art. 2(2)(j)

Service offences U.K.

93 (1) An offence under— U.K.

(a) section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),

(b) section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), or

(c) section 42 of the Naval Discipline Act 1957 (c. 53),

of which the corresponding civil offence (within the meaning of that Act) is an offence listed in any of paragraphs 1 to [F41 35B].

(2) A reference in any of those paragraphs to being made the subject of a community sentence of at least 12 months is to be read, in relation to an offence under an enactment referred to in sub-paragraph (1), as a reference to being sentenced to a term of F42 . . . detention of at least 112 days.

[F43 (3) In sub-paragraph (2), the reference to detention is to detention awarded under section 71(1)(e) of the Army Act 1955 or Air Force Act 1955 or section 43(1)(e) of the Naval Discipline Act 1957.]

Textual Amendments

F41 Word in Sch. 3 para. 93(1) substituted for "35A" (E.W.N.I.) (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(5), Sch. 21 para. 62(5); S.I. 2010/816, art. 2, Sch. para. 20(a) (with art. 7)

F42 Word in Sch. 3 para. 93(2) 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. 212(2)(a), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F43 Sch. 3 para. 93(3) added (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. 212(2)(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

[F44 93A (1) An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence listed in any of paragraphs 1 to [F45 35B]. U.K.

(2) A reference in any of those paragraphs to being made the subject of a community sentence of at least 12 months is to be read, in relation to an offence under that section, as a reference to—

(a) being made the subject of a service community order or overseas community order under the Armed Forces Act 2006 of at least 12 months; or

(b) being sentenced to a term of service detention of at least 112 days.

(3) Section 48 of that Act (attempts, conspiracy, [F46 encouragement and assistance] and aiding and abetting outside England and Wales) applies for the purposes of this paragraph as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to this paragraph.]

Textual Amendments

F44 Sch. 3 para. 93A inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 212(3); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F45 Word in Sch. 3 para. 93A(1) substituted for "35A" (E.W.N.I.) (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(5), Sch. 21 para. 62(5); S.I. 2010/816, art. 2, Sch. para. 20(a) (with transitional and saving provisions in art. 7)

F46 Words in Sch. 3 para. 93A(3) substituted (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 60, 94, Sch. 5 para. 4(2) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

Modifications etc. (not altering text)

C2 Sch. 3 para. 93A modified (24.4.2009 for certain purposes and otherwise 31.10.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 52(3)

General U.K.

94 U.K. A reference in a preceding paragraph to an offence includes—

(a) a reference to an attempt, conspiracy or incitement to commit that offence, and

(b) except in paragraphs 36 to 43, a reference to aiding, abetting, counselling or procuring the commission of that offence.

[F47 94A U.K. A reference in a preceding paragraph to an offence (“offence A”) includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed.]

Textual Amendments

F47 Sch. 3 para. 94A inserted (E.W.N.I.) (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(2), 94, Sch. 6 para. 63(2) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

95 U.K. A reference in a preceding paragraph to a person’s age is—

(a) in the case of an indecent photograph, a reference to the person’s age when the photograph was taken;

(b) in any other case, a reference to his age at the time of the offence.

96 U.K. In this Schedule “community sentence” has—

(a) in relation to England and Wales, the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), and

(b) in relation to Northern Ireland, the same meaning as in the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).

97 U.K. For the purposes of paragraphs 14, 44 and 78—

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

(b) section 7 of the Protection of Children Act 1978 (c. 37) (interpretation), subsections (2) to (2C) [F48 and (8) to (10)] of section 52 of the Civic Government (Scotland) Act 1982 (c. 45), and Article 2(2) and (3) of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (interpretation) (respectively) apply as each provision applies for the purposes of the Act or Order of which it forms part.

Textual Amendments

F48 Words in Sch. 3 para. 97(b) substituted (S.) (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 41(3)(b), 206(1); S.S.I. 2010/413, art. 2, Sch.

98 U.K. A determination under paragraph 60 constitutes part of a person’s sentence, within the meaning of the Criminal Procedure (Scotland) Act 1995 (c. 46), for the purposes of any appeal or review.