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Sexual Offences Act 2003

Changes over time for: Section 2

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Sexual Offences Act 2003, Section 2 is up to date with all changes known to be in force on or before 22 November 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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2(1)[F1The relevant offender may apply to the Secretary of State for a decision as to whether it appears that, at the time of the offence, the other party to the act of buggery or gross indecency—E+W+N.I.

(a)where paragraph 1(a) applies, was aged 16 or over,

(b)where paragraph 1(b) applies, was aged 17 or over,

and consented to the act.]

[F1The relevant offender may apply to the Department of Justice for a decision as to whether it appears that, at the time of the offence, the other party to the act of buggery, carnal knowledge or gross indecency consented to the act and—

(a)that other party was aged 16 or over, or

(b)where an offender is subject to the notification requirements of this Part as a result of a conviction, the offender was convicted or sentenced on the basis that the offender honestly believed that other party was aged 16 or over.]

(2)An application must be in writing and state—

(a)the name, address and date of birth of the relevant offender,

(b)his name and address at the time of the conviction, finding or caution,

(c)so far as known to him, the time when and the place where the conviction or finding was made or the caution given and, for a conviction or finding, the case number,

(d)such other information as the Secretary of State may require.

(3)An application may include representations by the relevant offender about the matters mentioned in sub-paragraph (1).

Textual Amendments

F1Sch. 4 para. 2(1) substituted (N.I.) (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 3(4), 15(1)

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