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Sexual Offences Act 2003

Status:

This is the original version (as it was originally enacted).

SCHEDULES

Section 56

SCHEDULE 1Extension of gender-specific prostitution offences

Sexual Offences Act 1956 (c. 69)

1In section 36 of the Sexual Offences Act 1956 (permitting premises to be used for prostitution), at the end insert “(whether any prostitute involved is male or female)”.

Street Offences Act 1959 (c. 57)

2In section 1(1) of the Street Offences Act 1959 (loitering or soliciting for purposes of prostitution), after “prostitute” insert “(whether male or female)”.

3(1)Section 2 of that Act (application to court by woman cautioned for loitering or soliciting) is amended as follows.

(2)In the heading of the section, for “woman” substitute “person”.

(3)In subsection (1)—

(a)for “woman” substitute “person”,

(b)for “her” in each place substitute “his”, and

(c)for “she” in each place substitute “he”.

(4)In subsection (2)—

(a)for “woman” in the first place substitute “person”,

(b)for “he” substitute “the chief officer”, and

(c)for “woman” in the second place substitute “person cautioned”.

(5)In subsection (3), for “woman” substitute “person cautioned”.

Sexual Offences Act 1985 (c. 44)

4(1)The Sexual Offences Act 1985 is amended as follows.

(2)For the heading “Soliciting of women by men” substitute “Soliciting for the purpose of prostitution”.

(3)In section 1 (kerb-crawling)—

(a)for “man” substitute “person”,

(b)for “a woman” substitute “another person”,

(c)for “women” in each place substitute “persons”, and

(d)for “the woman” substitute “the person”.

(4)In section 2 (persistent soliciting of women for the purpose of prostitution)—

(a)for the heading of the section substitute “Persistent soliciting”,

(b)for “man” substitute “person”,

(c)for “a woman” substitute “another person”, and

(d)for “women” substitute “persons”.

(5)In section 4 (interpretation)—

(a)omit subsections (2) and (3),

(b)for “man” substitute “person”,

(c)for “a woman” substitute “another person”,

(d)for “her” in the first place substitute “that person”, and

(e)for “her” in the second place substitute “that person's”.

Section 72(7)

SCHEDULE 2Sexual offences to which section 72 applies

England and Wales

1In relation to England and Wales, the following are sexual offences to which section 72 applies—

(a)an offence under any of sections 5 to 15 (offences against children under 13 or under 16);

(b)an offence under any of sections 1 to 4, 16 to 41, 47 to 50 and 61 where the victim of the offence was under 16 at the time of the offence;

(c)an offence under section 62 or 63 where the intended offence was an offence against a person under 16;

(d)an offence under—

(i)section 1 of the Protection of Children Act 1978 (c. 37) (indecent photographs of children), or

(ii)section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of child),

in relation to a photograph or pseudo-photograph showing a child under 16.

Northern Ireland

2(1)In relation to Northern Ireland, the following are sexual offences to which section 72 applies—

(a)rape;

(b)an offence under—

(i)section 52 of the Offences against the Person Act 1861 (c. 100) (indecent assault upon a female person), or

(ii)section 53 or 54 of that Act (abduction of woman);

(c)an offence under—

(i)section 2 of the Criminal Law Amendment Act 1885 (c. 69) (procuration of girl under 21),

(ii)section 3 of that Act (procuring defilement of woman using threats, etc.),

(iii)section 4 of that Act of unlawful carnal knowledge of a girl under 14,

(iv)section 5 of that Act of unlawful carnal knowledge of a girl under 17, or

(v)section 7 of that Act (abduction of girl under 18);

(d)an offence under—

(i)section 1 of the Punishment of Incest Act 1908 (c. 45) (incest by males), or

(ii)section 2 of that Act (incest by females);

(e)an offence under—

(i)section 21 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)) (causing or encouraging seduction, etc. of girl under 17), or

(ii)section 22 of that Act (indecent conduct towards a child);

(f)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);

(g)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);

(h)an offence under Article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (indecent photographs of children);

(i)an offence under—

(i)Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (buggery),

(ii)Article 20 of that Order (assault with intent to commit buggery), or

(iii)Article 21 of that Order (indecent assault on a male);

(j)an offence under—

(i)section 15 of this Act (meeting a child following sexual grooming etc.), or

(ii)any of sections 16 to 19 or 47 to 50 of this Act (abuse of trust, prostitution, child pornography).

(2)Sub-paragraph (1), apart from paragraphs (f) and (h), does not apply where the victim of the offence was 17 or over at the time of the offence.

General

3A reference in paragraph 1 or 2(1) to an offence includes—

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

(b)a reference to aiding and abetting, counselling or procuring the commission of that offence.

Section 80

SCHEDULE 3Sexual offences for purposes of Part 2

England and Wales

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

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

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

4An 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.

5An 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.

6An 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.

7An 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.

8An 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.

9An 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.

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

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

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

13An 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.

14An 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.

15An 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.

16An 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.

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

18An 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.

19An 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).

20An 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.

21An 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).

22An 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.

23An 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.

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

25An 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.

26An 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.

27An 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).

28An 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.

29An 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.

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

31An 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.

32An 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.

33An 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.

34An 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.

35An 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.

Scotland

36Rape.

37Clandestine injury to women.

38Abduction of woman or girl with intent to rape.

39Assault with intent to rape or ravish.

40Indecent assault.

41Lewd, indecent or libidinous behaviour or practices.

42Shameless indecency, if a person (other than the offender) involved in the offence was under 18.

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

44An 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.

45An offence under section 52 of the Civic Government (Scotland) Act 1982 (c. 45) (taking and distribution of indecent images of children).

46An offence under section 52A of that Act (possession of indecent images of children).

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

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

49An 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.

50An 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.

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

52An 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.

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

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

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

56An 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.

57An 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.

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

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

60An offence in Scotland other than is mentioned in paragraphs 36 to 59 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.

Northern Ireland

61Rape.

62An 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.

63An 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.

64An 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.

65An 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.

66An 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.

67An 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.

68An 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.

69An 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.

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

71An 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.

72An 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.

73An 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.

74An 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.

75An 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.

76An 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.

77An 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.

78An 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.

79An 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.

80An 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).

81An 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.

82An 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.

83An 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.

84An 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.

85An 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.

86An 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.

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

88An 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.

89An 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.

90An 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.

91An 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.

92An 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.

Service offences

93(1)An offence under—

(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 35.

(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 service detention of at least 112 days.

General

94A 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.

95A 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.

96In 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)).

97For 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) and (8) 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.

98A 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.

Section 93

SCHEDULE 4Procedure for ending notification requirements for abolished homosexual offences

Scope of Schedule

1This Schedule applies where a relevant offender is subject to the notification requirements of this Part as a result of a conviction, finding or caution in respect of an offence under—

(a)section 12 or 13 of the Sexual Offences Act 1956 (c. 69) (buggery or indecency between men), or

(b)section 61 of the Offences against the Person Act 1861 (c. 100) or section 11 of the Criminal Law Amendment Act 1885 (c. 69) (corresponding Northern Ireland offences).

Application for decision

2(1)The 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—

(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.

(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).

Decision by Secretary of State

3(1)In making the decision applied for, the Secretary of State must consider—

(a)any representations included in the application, and

(b)any available record of the investigation of the offence and of any proceedings relating to it that appears to him to be relevant,

but is not to seek evidence from any witness.

(2)On making the decision the Secretary of State must—

(a)record it in writing, and

(b)give notice in writing to the relevant offender.

Effect of decision

4(1)If the Secretary of State decides that it appears as mentioned in paragraph 2(1), the relevant offender ceases, from the beginning of the day on which the decision is recorded under paragraph 3(2)(a), to be subject to the notification requirements of this Part as a result of the conviction, finding or caution in respect of the offence.

(2)Sub-paragraph (1) does not affect the operation of this Part as a result of any other conviction, finding or caution or any court order.

Right of appeal

5(1)If the Secretary of State decides that it does not appear as mentioned in paragraph 2(1), and if the High Court gives permission, the relevant offender may appeal to that court.

(2)On an appeal the court may not receive oral evidence.

(3)The court—

(a)if it decides that it appears as mentioned in paragraph 2(1), must make an order to that effect,

(b)otherwise, must dismiss the appeal.

(4)An order under sub-paragraph (3)(a) has the same effect as a decision of the Secretary of State recorded under paragraph 3(2)(a) has under paragraph 4.

(5)There is no appeal from the decision of the High Court.

Interpretation

6(1)In this Schedule a reference to an offence includes—

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

(b)a reference to aiding, abetting, counselling or procuring the commission of that offence.

(2)In the case of an attempt, conspiracy or incitement, references in paragraph 2 to the act of buggery or gross indecency are references to the act of buggery or gross indecency to which the attempt, conspiracy or incitement related (whether or not that act occurred).

Transitional provision

7Until the coming into force of the repeal by this Act of Part 1 of the Sex Offenders Act 1997 (c. 51), this Schedule has effect as if references to this Part of this Act were references to Part 1 of that Act.

Section 104

SCHEDULE 5Other offences for purposes of Part 2

England and Wales

1Murder.

2Manslaughter.

3Kidnapping.

4False imprisonment.

5An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).

6An offence under section 16 of that Act (threats to kill).

7An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).

8An offence under section 20 of that Act (malicious wounding).

9An offence under section 21 of that Act (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence).

10An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence).

11An offence under section 23 of that Act (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm).

12An offence under section 27 of that Act (abandoning children).

13An offence under section 28 of that Act (causing bodily injury by explosives).

14An offence under section 29 of that Act (using explosives etc. with intent to do grievous bodily harm).

15An offence under section 30 of that Act (placing explosives with intent to do bodily injury).

16An offence under section 31 of that Act (setting spring guns etc. with intent to do grievous bodily harm).

17An offence under section 32 of that Act (endangering the safety of railway passengers).

18An offence under section 35 of that Act (injuring persons by furious driving).

19An offence under section 37 of that Act (assaulting officer preserving wreck).

20An offence under section 38 of that Act (assault with intent to resist arrest).

21An offence under section 47 of that Act (assault occasioning actual bodily harm).

22An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property).

23An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).

24An offence under section 1 of the Infant Life (Preservation) Act 1929 (c. 34) (child destruction).

25An offence under section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty to children).

26An offence under section 1 of the Infanticide Act 1938 (c. 36) (infanticide).

27An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life).

28An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence).

29An offence under section 17(1) of that Act (use of firearm to resist arrest).

30An offence under section 17(2) of that Act (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act).

31An offence under section 18 of that Act (carrying a firearm with criminal intent).

32An offence under section 8 of the Theft Act 1968 (c. 60) (robbery or assault with intent to rob).

33An offence under section 9 of that Act of burglary with intent to—

(a)inflict grievous bodily harm on a person, or

(b)do unlawful damage to a building or anything in it.

34An offence under section 10 of that Act (aggravated burglary).

35An offence under section 12A of that Act (aggravated vehicle-taking) involving an accident which caused the death of any person.

36An offence of arson under section 1 of the Criminal Damage Act 1971 (c. 48).

37An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.

38An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).

39An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).

40An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).

41An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).

42An offence under section 4 of that Act (offences in relation to certain dangerous articles).

43An offence under section 127 of the Mental Health Act 1983 (c. 20) (ill-treatment of patients).

44An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).

45An offence under section 1 of the Public Order Act 1986 (c. 64) (riot).

46An offence under section 2 of that Act (violent disorder).

47An offence under section 3 of that Act (affray).

48An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).

49An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving).

50An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).

51An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).

52An offence under section 9 of that Act (hijacking of ships).

53An offence under section 10 of that Act (seizing or exercising control of fixed platforms).

54An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).

55An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).

56An offence under section 13 of that Act (offences involving threats).

57An offence under section 4 of the Protection from Harassment Act 1997 (c. 40) (putting people in fear of violence).

58An offence under section 29 of the Crime and Disorder Act 1998 (c. 37) (racially or religiously aggravated assaults).

59An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986 (c. 64)).

60An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

61An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

62An offence under section 47 of this Act, where the victim or (as the case may be) other party was 16 or over.

63An offence under any of sections 48 to 53 or 57 to 59 of this Act.

Scotland

64Murder.

65Culpable homicide.

66Assault.

67Assault and robbery.

68Abduction.

69Plagium.

70Wrongful imprisonment.

71Threatening personal violence.

72Breach of the peace inferring personal violence.

73Wilful fireraising.

74Culpable and reckless fireraising.

75Mobbing and rioting.

76An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property).

77An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosives with intent to endanger life or property).

78An offence under section 12 of the Children and Young Persons (Scotland) Act 1937 (c. 37) (cruelty to persons under 16).

79An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life).

80An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence).

81An offence under section 17(1) of that Act (use of firearm to resist arrest).

82An offence under section 17(2) of that Act (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act).

83An offence under section 18 of that Act (carrying a firearm with criminal intent).

84An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).

85An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).

86An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).

87An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).

88An offence under section 4 of that Act (offences in relation to certain dangerous articles).

89An offence under section 105 of the Mental Health (Scotland) Act 1984 (c. 36) (ill-treatment of patients).

90An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).

91An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).

92An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving).

93An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).

94An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).

95An offence under section 9 of that Act (hijacking of ships).

96An offence under section 10 of that Act (seizing or exercising control of fixed platforms).

97An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).

98An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).

99An offence under section 13 of that Act (offences involving threats).

100An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

101An offence under section 7 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (procuring).

102An offence under section 9 of that Act (permitting girl to use premises for intercourse).

103An offence under section 11 of that Act (trading in prostitution and brothel-keeping).

104An offence under section 12 of that Act (allowing child to be in brothel).

105An offence under section 13(9) of that Act (living on earnings of male prostitution etc.).

106An offence under section 50A of that Act (racially-aggravated harassment).

107An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

108An offence under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity, war crimes and related offences as specified in Schedule 1 to that Act).

109An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (asp 7) (traffic in prostitution etc.).

110An offence to which section 74 of that Act applies (offences aggravated by religious prejudice).

111An offence under section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (ill-treatment and wilful neglect of mentally disordered person).

Northern Ireland

112Murder.

113Manslaughter.

114Kidnapping.

115Riot.

116Affray.

117False imprisonment.

118An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).

119An offence under section 16 of that Act (threats to kill).

120An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).

121An offence under section 20 of that Act (malicious wounding).

122An offence under section 21 of that Act (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence).

123An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence).

124An offence under section 23 of that Act (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm).

125An offence under section 27 of that Act (abandoning children).

126An offence under section 28 of that Act (causing bodily injury by explosives).

127An offence under section 29 of that Act (using explosives etc. with intent to do grievous bodily harm).

128An offence under section 30 of that Act (placing explosives with intent to do bodily injury).

129An offence under section 31 of that Act (setting spring guns etc. with intent to do grievous bodily harm).

130An offence under section 32 of that Act (endangering the safety of railway passengers).

131An offence under section 35 of that Act (injuring persons by furious driving).

132An offence under section 37 of that Act (assaulting officer preserving wreck).

133An offence under section 47 of that Act of assault occasioning actual bodily harm.

134An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property).

135An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).

136An offence under section 25 of the Criminal Justice (Northern Ireland) Act 1945 (c. 15) (child destruction).

137An offence under section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5) (infanticide).

138An offence under section 7(1)(b) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28) (assault with intent to resist arrest).

139An offence under section 20 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34) (cruelty to children).

140An offence under section 8 of the Theft Act (Northern Ireland) 1969 (c. 16) (robbery or assault with intent to rob).

141An offence under section 9 of that Act of burglary with intent to—

(a)inflict grievous bodily harm on a person, or

(b)do unlawful damage to a building or anything in it.

142An offence under section 10 of that Act (aggravated burglary).

143An offence of arson under Article 3 of the Criminal Damage Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)).

144An offence under Article 3(2) of that Order (destroying or damaging property) other than an offence of arson.

145An offence under Article 17 of the Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2)) (possession of firearm with intent to endanger life).

146An offence under Article 17A of that Order (possession of firearm with intent to cause fear of violence).

147An offence under Article 18(1) of that Order (use of firearm to resist arrest).

148An offence under Article 18(2) of that Order (possession of firearm at time of committing or being arrested for an offence specified in Schedule 1 to that Order).

149An offence under Article 19 of that Order (carrying a firearm with criminal intent).

150An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).

151An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).

152An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).

153An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).

154An offence under section 4 of that Act (offences in relation to certain dangerous articles).

155An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).

156An offence under Article 121 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4) (ill-treatment of patients).

157An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).

158An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).

159An offence under section 9 of that Act (hijacking of ships).

160An offence under section 10 of that Act (seizing or exercising control of fixed platforms).

161An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).

162An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).

163An offence under section 13 of that Act (offences involving threats).

164An offence under Article 9 of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by dangerous driving).

165An offence under Article 14 of that Order (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs).

166An offence under Article 6 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9) (putting people in fear of violence).

167An offence under section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assaulting or obstructing a constable etc.).

168An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

169An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

170An offence under section 47 of this Act, where the victim or (as the case may be) other party was 17 or over.

171An offence under any of sections 48 to 53 or 57 to 59 of this Act.

Service offences

172An offence under—

(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 under a provision listed in any of paragraphs 1 to 63.

General

173A reference in a preceding paragraph to an offence includes—

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

(b)a reference to aiding, abetting, counselling or procuring the commission of that offence.

174A reference in a preceding paragraph to a person’s age is a reference to his age at the time of the offence.

Section 139

SCHEDULE 6Minor and consequential amendments

Vagrancy Act 1824 (c. 83)

1In section 4 of the Vagrancy Act 1824 (rogues and vagabonds) except so far as extending to Northern Ireland, omit the words from “every person wilfully” to “female”.

2In section 4 of the Vagrancy Act 1824 as it extends to Northern Ireland, omit the words from “wilfully, openly, lewdly” to “any female; or”.

Town Police Clauses Act 1847 (c. 89)

3In section 28 of the Town Police Clauses Act 1847 (penalty for committing certain acts), omit “Every person who wilfully and indecently exposes his person:”.

Offences against the Persons Act 1861 (c. 100)

4In the Offences against the Person Act 1861, omit sections 61 and 62.

Criminal Law Amendment Act 1885 (c. 69)

5In the Criminal Law Amendment Act 1885, omit—

(a)in section 2, subsections (2) to (4), and

(b)section 11.

Vagrancy Act 1898 (c. 39)

6The Vagrancy Act 1898 ceases to have effect.

Children and Young Persons Act 1933 (c. 12)

7In Schedule 1 to the Children and Young Persons Act 1933 (offences to which special provisions of that Act apply), for the entry relating to offences under the Sexual Offences Act 1956 (c. 69) substitute—

Any offence against a child or young person under any of sections 1 to 41, 47 to 53, 57 to 61, 66 and 67 of the Sexual Offences Act 2003, or any attempt to commit such an offence.

Any offence under section 62 or 63 of the Sexual Offences Act 2003 where the intended offence was an offence against a child or young person, or any attempt to commit such an offence.

Visiting Forces Act 1952 (c. 67)

8(1)Paragraph 1 of the Schedule to the Visiting Forces Act 1952 (offences referred to in section 3 of that Act) is amended as follows.

(2)Before sub-paragraph (a) insert—

(za)rape and buggery (offences under the law of Northern Ireland);.

(3)In sub-paragraph (a), omit “rape” and “buggery”.

(4)In sub-paragraph (b), after paragraph (xii) insert—

(xiii)Part 1 of the Sexual Offences Act 2003.

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

9In section 70(4) of the Army Act 1955 (person not to be charged with an offence committed in the United Kingdom where corresponding civil offence is within the subsection)—

(a)omit “or rape”, and

(b)after “International Criminal Court Act 2001” insert “or an offence under section 1 of the Sexual Offences Act 2003 (rape)”.

Air Force Act 1955 (3 & 4 Eliz. 2.c. 19)

10In section 70(4) of the Air Force Act 1955 (person not to be charged with an offence committed in the United Kingdom where corresponding civil offence is within the subsection)—

(a)omit “or rape”, and

(b)after “International Criminal Court Act 2001” insert “or an offence under section 1 of the Sexual Offences Act 2003 (rape)”.

Sexual Offences Act 1956 (c. 37)

11In the Sexual Offences Act 1956, omit—

(a)sections 1 to 7, 9 to 17, 19 to 32 and 41 to 47 (offences), and

(b)in Schedule 2 (prosecution, punishment etc.), paragraphs 1 to 32.

Naval Discipline Act 1957 (c. 53)

12In section 48(2) of the Naval Discipline Act 1957 (courts-martial not to have jurisdiction as regards certain offences committed in the United Kingdom)—

(a)omit “or rape”, and

(b)before “committed on shore” insert “or an offence under section 1 of the Sexual Offences Act 2003 (rape)”.

Mental Health Act 1959 (c. 72)

13In the Mental Health Act 1959, omit sections 127 (amendment of Sexual Offences Act 1956) and 128 (sexual intercourse with patients).

Indecency with Children Act 1960 (c. 33)

14The Indecency with Children Act 1960 ceases to have effect.

Sexual Offences Act 1967 (c. 60)

15In the Sexual Offences Act 1967, omit the following—

(a)section 1 (amendment of law relating to homosexual acts in private),

(b)section 4 (procuring others to commit homosexual acts),

(c)section 5 (living on earnings of male prostitution),

(d)section 7 (time limit on prosecutions),

(e)section 8 (restriction on prosecutions), and

(f)section 10 (past offences).

Firearms Act 1968 (c. 27)

16In Schedule 1 to the Firearms Act 1968 (offences to which section 17(2) of that Act applies), for paragraph 6 substitute—

6.Offences under any of the following provisions of the Sexual Offences Act 2003—

(a)section 1 (rape);

(b)section 2 (assault by penetration);

(c)section 4 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;

(d)section 5 (rape of a child under 13);

(e)section 6 (assault of a child under 13 by penetration);

(f)section 8 (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;

(g)section 30 (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section;

(h)section 31 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.

Theft Act 1968 (c. 60)

17In section 9 of the Theft Act 1968 (burglary), in subsection (2) omit “or raping any person”.

Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))

18(1)The Children and Young Persons Act (Northern Ireland) 1968 is amended as follows.

(2)In section 21 (causing or encouraging seduction or prostitution of girl under 17), omit—

(a)in subsection (1), “or the prostitution of,”, and

(b)in subsection (2), “or the prostitution of,” and “or who has become a prostitute,”.

(3)In Schedule 1 (offences against children and young persons to which special provisions of that Act apply), at the end insert—

Any offence against a child or young person under any of sections 15 to 19, 47 to 59, 66 and 67 of the Sexual Offences Act 2003 or any attempt to commit such an offence.

Rehabilitation of Offenders Act 1974 (c. 53)

19In section 7 of the Rehabilitation of Offenders Act 1974 (limitations on rehabilitation under that Act), in subsection (2), for paragraph (bb) substitute—

(bb)in any proceedings under Part 2 of the Sexual Offences Act 2003, or on appeal from any such proceedings;.

Sexual Offences (Amendment) Act 1976 (c. 82)

20(1)The Sexual Offences (Amendment) Act 1976 is amended as follows.

(2)In section 1 (meaning of “rape”), omit subsection (2).

(3)In section 7 (citation, interpretation etc.)—

(a)for subsection (2) substitute—

(2)In this Act—

(a)“a rape offence” means any of the following—

(i)an offence under section 1 of the Sexual Offences Act 2003 (rape);

(ii)an offence under section 2 of that Act (assault by penetration);

(iii)an offence under section 4 of that Act (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;

(iv)an offence under section 5 of that Act (rape of a child under 13);

(v)an offence under section 6 of that Act (assault of a child under 13 by penetration);

(vi)an offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;

(vii)an offence under section 30 of that Act (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section;

(viii)an offence under section 31 of that Act (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;

(ix)an attempt, conspiracy or incitement to commit an offence within any of paragraphs (i) to (vii);

(x)aiding, abetting, counselling or procuring the commission of such an offence or an attempt to commit such an offence.

(b)the use in any provision of the word “man” without the addition of the word “boy” does not prevent the provision applying to any person to whom it would have applied if both words had been used, and similarly with the words “woman” and “girl”.;

(b)omit subsection (3).

Criminal Law Act 1977 (c. 45)

21In the Criminal Law Act 1977, omit section 54 (inciting girl under 16 to have incestuous sexual intercourse).

Internationally Protected Persons Act 1978 (c. 17)

22In section 1 of the Internationally Protected Persons Act 1978 (attacks and threats of attacks on protected persons)—

(a)in subsection (1)(a)—

(i)omit “rape,”;

(ii)after “Explosive Substances Act 1883” insert “or an offence listed in subsection (1A)”;

(b)after subsection (1) insert—

(1A)The offences mentioned in subsection (1)(a) are—

(a)in Scotland or Northern Ireland, rape;

(b)an offence under section 1 or 2 of the Sexual Offences Act 2003;

(c)an offence under section 4 of that Act, where the activity caused involved penetration within subsection (4)(a) to (d) of that section;

(d)an offence under section 5 or 6 of that Act;

(e)an offence under section 8 of that Act, where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;

(f)an offence under section 30 of that Act, where the touching involved penetration within subsection (3)(a) to (d) of that section;

(g)an offence under section 31 of that Act, where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.

Suppression of Terrorism Act 1978 (c. 26)

23(1)Schedule 1 to the Suppression of Terrorism Act 1978 (offences for the purposes of that Act) is amended as follows.

(2)In paragraph 3, after “Rape” insert “under the law of Scotland or Northern Ireland”.

(3)For paragraph 9 substitute—

9.An offence under any of the following provisions of the Sexual Offences Act 2003—

(a)sections 1 or 2 (rape, assault by penetration);

(b)section 4 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;

(c)section 5 or 6 (rape of a child under 13, assault of a child under 13 by penetration);

(d)section 8 (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;

(e)section 30 (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section;

(f)section 31 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused..

Protection of Children Act 1978 (c. 37)

24In section 1(1) of the Protection of Children Act 1978 (indecent photographs of children), at the beginning insert “Subject to sections 1A and 1B,”.

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

25In Article 8 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (limitations on rehabilitation under that Order), in paragraph (2), for sub-paragraph (bb) substitute—

(bb)in any proceedings under Part 2 of the Sexual Offences Act 2003, or on appeal from any such proceedings;.

Magistrates' Courts Act 1980 (c. 43)

26(1)The Magistrates' Courts Act 1980 is amended as follows.

(2)In section 103 (evidence of persons under 14 in committal proceedings), in subsection (2)(c), after “the Protection of Children Act 1978” insert “or Part 1 of the Sexual Offences Act 2003”.

(3)In Schedule 7 (consequential amendments), omit paragraph 18.

Criminal Justice Act 1982 (c. 48)

27In the Criminal Justice Act 1982, in Part 2 of Schedule 1 (offences excluded from early release provisions), after the entry relating to the Proceeds of Crime Act 2002 (c. 29) insert—

SEXUAL OFFENCES ACT 2003

  • Sections 1 and 2 (rape, assault by penetration).

  • Section 4 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section.

  • Sections 5 and 6 (rape of a child under 13, assault of a child under 13 by penetration).

  • Section 8 (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.

  • Section 30 (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section.

  • Section 31 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.

Police and Criminal Evidence Act 1984 (c. 60)

28(1)The Police and Criminal Evidence Act 1984 is amended as follows.

(2)In section 80(7) (sexual offences for purposes of compellability of spouse), after “the Protection of Children Act 1978” insert “or Part 1 of the Sexual Offences Act 2003”.

(3)In Schedule 1A (specific arrestable offences), after paragraph 26 insert—

Sexual Offences Act 2003

27.An offence under—

(a)section 66 of the Sexual Offences Act 2003 (exposure);

(b)section 67 of that Act (voyeurism);

(c)section 69 of that Act (intercourse with an animal);

(d)section 70 of that Act (sexual penetration of a corpse); or

(e)section 71 of that Act (sexual activity in public lavatory).

(4)In Part 2 of Schedule 5 (serious arrestable offences), after the entry relating to the Obscene Publications Act 1959 (c. 66) insert—

Sexual Offences Act 2003

18.Section 1 (rape).

19.Section 2 (assault by penetration).

20.Section 4 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section.

21.Section 5 (rape of a child under 13).

22.Section 6 (assault of a child under 13 by penetration).

23.Section 8 (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.

24.Section 30 (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section.

25.Section 31 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.

Criminal Justice Act 1988 (c. 33)

29(1)The Criminal Justice Act 1988 is amended as follows.

(2)In section 32 (evidence through television links), in subsection (2)(c), after “the Protection of Children Act 1978” insert “or Part 1 of the Sexual Offences Act 2003”.

(3)In section 160(1) (possession of indecent photograph of child), at the beginning insert “Subject to subsection (1A),”.

Criminal Justice Act 1991 (c. 53)

30In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), in subsection (2)(da), for “Part I of the Sex Offenders Act 1997” substitute “Part 2 of the Sexual Offences Act 2003”.

Sexual Offences (Amendment) Act 1992 (c. 34)

31(1)Section 2 of the Sexual Offences (Amendment) Act 1992 (offences to which that Act applies) is amended as follows.

(2)In subsection (1) (England and Wales)—

(a)after paragraph (d) insert—

(da)any offence under any of the provisions of Part 1 of the Sexual Offences Act 2003 except section 64, 65, 69 or 71;;

(b)in paragraph (e) for “(d)” substitute “(da)”.

(3)In subsection (3) (Northern Ireland)—

(a)after paragraph (hh) insert—

(ha)any offence under any of sections 15 to 21, 47 to 53, 57 to 59, 66, 67, 70 and 72 of the Sexual Offences Act 2003.;

(b)in paragraph (i) for “(hh)” substitute “(ha)”.

Criminal Justice and Public Order Act 1994 (c. 33)

32(1)The Criminal Justice and Public Order Act 1994 is amended as follows.

(2)In section 25 (no bail if previous conviction for certain offences), for subsection (2)(d) and (e) substitute—

(d)rape under the law of Scotland or Northern Ireland;

(e)an offence under section 1 of the Sexual Offences Act 1956 (rape);

(f)an offence under section 1 of the Sexual Offences Act 2003 (rape);

(g)an offence under section 2 of that Act (assault by penetration);

(h)an offence under section 4 of that Act (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;

(i)an offence under section 5 of that Act (rape of a child under 13);

(j)an offence under section 6 of that Act (assault of a child under 13 by penetration);

(k)an offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;

(l)an offence under section 30 of that Act (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section;

(m)an offence under section 31 of that Act (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;

(n)an attempt to commit an offence within any of paragraphs (d) to (m).

(3)Omit sections 142 to 144.

(4)In Schedule 10 (consequential amendments) omit paragraphs 26 and 35(2) and (4).

Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

33In section 5(6) of the Criminal Law (Consolidation) (Scotland) Act 1995 (which relates to construing the expression “a like offence”), after paragraph (c) insert or

(cc)any of sections 9 to 14 of the Sexual Offences Act 2003;.

Criminal Injuries Compensation Act 1995 (c. 53)

34In section 11 of the Criminal Injuries Compensation Act 1995 (approval by parliament of certain alterations to the Tariff or provisions of the Scheme)—

(a)in subsection (3)(d), after “rape” insert “or an offence under section 30 of the Sexual Offences Act 2003”;

(b)after subsection (8) insert—

(9)In subsection (3) “rape”, in relation to anything done in England and Wales, means an offence under section 1 or 5 of the Sexual Offences Act 2003.

Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)

35In the Schedule to the Sexual Offences (Conspiracy and Incitement) Act 1996 (sexual offences for the purposes of that Act), in paragraph 1—

(a)for sub-paragraph (1)(b) substitute—

(b)an offence under any of sections 1 to 12, 14 and 15 to 26 of the Sexual Offences Act 2003.;

(b)in sub-paragraph (2), for “In sub-paragraph (1)(a), sub-paragraphs (i), (iv), (v) and (vi) do” substitute “Sub-paragraph (1)(b) does”.

Sexual Offences (Protected Material) Act 1997 (c. 39)

36In the Schedule to the Sexual Offences (Protected Material) Act 1997 (sexual offences for the purposes of that Act)—

(a)after paragraph 5 insert—

5A.Any offence under any provision of Part 1 of the Sexual Offences Act 2003 except section 64, 65, 69 or 71.;

(b)in paragraph 6, for “1 to 5” substitute “5 and 5A”.

Sex Offenders Act 1997 (c. 51)

37The Sex Offenders Act 1997 ceases to have effect.

Crime and Disorder Act 1998 (c. 37)

38(1)The Crime and Disorder Act 1998 is amended as follows.

(2)Omit sections 2, 2A, 2B and 3 (sex offender orders and interim orders).

(3)In section 4 (appeals against orders)—

(a)in subsection (1), omit “a sex offender order or an order under section 2A above”, and

(b)in subsection (3), omit “or 2(6) above”.

(4)Omit section 20.

(5)In section 21 (procedural provisions with respect to orders)—

(a)omit subsection (2);

(b)in subsection (4)—

(i)omit “or (2)”; and

(ii)for “either of those subsections” substitute “that subsection”;

(c)in subsection (5), omit “or 20”;

(d)in subsection (6), omit “and sex offender orders” and “or 20(4)(a)”;

(e)in subsection (7)(b)(i), omit “or, as the case may be, chief constable”;

(f)omit subsections (7A) and (7B); and

(g)in subsection (10), omit “or 20”.

(6)Omit section 21A.

(7)In section 22 (offences in connection with breach of orders), omit subsections (6) and (7).

(8)In Schedule 8 (minor and consequential amendments), omit paragraph 144.

Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))

39In paragraph 1 of Schedule 1 to the Criminal Justice (Children) (Northern Ireland) Order 1998—

(a)omit sub-paragraphs (c), (e) and (j);

(b)after sub-paragraph (l) insert—

(m)Section 69 of the Sexual Offences Act 2003.

Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20))

40In the Criminal Justice (Northern Ireland) Order 1998, omit Articles 6, 6A, 6B and 7.

Youth Justice and Criminal Evidence Act 1999 (c. 23)

41(1)The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2)In section 35 (cross examination of child witnesses), in subsection (3)(a), after sub-paragraph (v) insert or

(vi)Part 1 of the Sexual Offences Act 2003;.

(3)In section 62 (meaning of “sexual offence” etc.), for subsection (1) substitute—

(1)In this Part “sexual offence” means any offence under Part 1 of the Sexual Offences Act 2003.

Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8))

42(1)The Criminal Evidence (Northern Ireland) Order 1999 is amended as follows.

(2)In Article 3(1) (meaning of “sexual offence”), after sub-paragraph (gg) insert—

(ga)any offence under any of sections 15 to 21, 47 to 53, 57 to 59, 66, 67, and 70 to 72 of the Sexual Offences Act 2003.

(3)In Article 23 (protection of child complainants and other child witnesses)—

(a)in paragraph (3), after sub-paragraph (c) insert—

(cc)any offence under any of sections 15 to 21, 47 to 53, 57 to 59, 66 to 72 of the Sexual Offences Act 2003;;

(b)in paragraph (4)(a), after “(3)(a)” insert “or (cc)”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

43(1)The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

(2)In section 91 (power to detain offenders under 18 convicted of certain offences), for subsection (1)(b) and (c) substitute—

(b)an offence under section 3 of the Sexual Offences Act 2003 (in this section, “the 2003 Act”) (sexual assault); or

(c)an offence under section 13 of the 2003 Act (child sex offences committed by children or young persons); or

(d)an offence under section 25 of the 2003 Act (sexual activity with a child family member); or

(e)an offence under section 26 of the 2003 Act (inciting a child family member to engage in sexual activity).

(3)In section 109 (life sentence for second serious offence), in subsection (5), after paragraph (f) insert—

(fa)an offence under section 1 or 2 of the Sexual Offences Act 2003 (in this section, “the 2003 Act”) (rape, assault by penetration);

(fb)an offence under section 4 of the 2003 Act (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;

(fc)an offence under section 5 or 6 of the 2003 Act (rape of a child under 13, assault of a child under 13 by penetration);

(fd)an offence under section 8 of the 2003 Act (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;

(fe)an offence under section 30 of the 2003 Act (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section;

(ff)an offence under section 31 of the 2003 Act (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;

(fg)an attempt to commit an offence within any of paragraphs (fa) to (ff);.

(4)In section 161 (definition of “sexual offence” etc.), in subsection (2)—

(a)after paragraph (f) insert—

(fa)an offence under any provision of Part 1 of the Sexual Offences Act 2003 except section 52, 53 or 71;;

(b)in paragraph (g), for “(a) to (f)” substitute “(f) and (fa)”.

(5)In Schedule 9 (consequential amendments), omit paragraphs 189, 190 and 193.

Criminal Justice and Courts Services Act 2000 (c. 43)

44(1)The Criminal Justice and Courts Services Act 2000 is amended as follows.

(2)Omit sections 39 and 66.

(3)In section 68 (sexual and violent offenders for the purposes of risk assessment etc.), in subsection (2), for “Part I of the Sex Offenders Act 1997” substitute “Part 2 of the Sexual Offences Act 2003”.

(4)In section 69 (duties of local probation boards in connection with victims of certain offences), in subsection (8)(b), for “Part I of the Sex Offenders Act 1997” substitute “Part 2 of the Sexual Offences Act 2003”.

(5)In Schedule 4 (offences against children for the purposes of disqualification orders)—

(a)in paragraph 1, for sub-paragraph (m) substitute—

(m)an offence under any of sections 5 to 26 and 47 to 50 of the Sexual Offences Act 2003 (offences against children).;

(b)in paragraph 2, for sub-paragraph (n) substitute—

(n)an offence under any of sections 1 to 4, 30 to 41, 52, 53, 57 to 61, 66 and 67 of the Sexual Offences Act 2003.;

(c)in paragraph 3, after sub-paragraph (s) insert—

(sa)he commits an offence under section 62 or 63 of the Sexual Offences Act 2003 (committing an offence or trespassing with intent to commit a sexual offence) in a case where the intended offence was an offence against a child.

(6)Omit Schedule 5.

Sexual Offences (Amendment) Act 2000 (c. 44)

45(1)The Sexual Offences (Amendment) Act 2000 is amended as follows.

(2)In section 1 (reduction in age at which certain sexual acts are lawful), omit subsections (1) and (2).

(3)In section 2 (defences available to persons under age), omit subsections (1) to (3).

(4)Omit sections 3 and 4 (abuse of position of trust) except so far as extending to Scotland.

(5)Omit section 5 (notification requirements for offenders under section 3).

(6)In section 6 (meaning of “sexual offence” for the purposes of certain enactments), omit subsection (1).

Proceeds of Crime Act 2002 (c. 29)

46(1)The Proceeds of Crime Act 2002 is amended as follows.

(2)In paragraph 4 of Schedule 2 (lifestyle offences: England and Wales), for sub-paragraph (2) substitute—

(2)An offence under any of sections 57 to 59 of the Sexual Offences Act 2003 (trafficking for sexual exploitation).

(3)For paragraph 8 of that Schedule substitute—

Prostitution and child sex

8(1)An offence under section 33 or 34 of the Sexual Offences Act 1956 (keeping or letting premises for use as a brothel).

(2)An offence under any of the following provisions of the Sexual Offences Act 2003—

(a)section 14 (arranging or facilitating commission of a child sex offence);

(b)section 48 (causing or inciting child prostitution or pornography);

(c)section 49 (controlling a child prostitute or a child involved in pornography);

(d)section 50 (arranging or facilitating child prostitution or pornography);

(e)section 52 (causing or inciting prostitution for gain);

(f)section 53 (controlling prostitution for gain).

(4)In paragraph 4 of Schedule 5 (lifestyle offences: Northern Ireland), for sub-paragraph (2) substitute—

(2)An offence under any of sections 57 to 59 of the Sexual Offences Act 2003 (trafficking for sexual exploitation).

(5)In paragraph 8 of that Schedule—

(a)after sub-paragraph (1) insert—

(1A)An offence under any of the following provisions of the Sexual Offences Act 2003—

(a)section 48 (causing or inciting child prostitution or pornography);

(b)section 49 (controlling a child prostitute or a child involved in pornography);

(c)section 50 (arranging or facilitating child prostitution or pornography);

(d)section 52 (causing or inciting prostitution for gain);

(e)section 53 (controlling prostitution for gain).;

(b)omit sub-paragraphs (2) to (5).

Adoption and Children Act 2002 (c. 38)

47In section 74 of the Adoption and Children Act 2002 (status conferred by adoption not to apply for the purposes of certain enactments), in subsection (1) for paragraphs (b) and (c) substitute or

(b)sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative).

Nationality, Asylum and Immigration Act 2002 (c. 41)

48In the Nationality, Asylum and Immigration Act 2002, omit sections 145 and 146 (traffic in prostitution).

Criminal Justice (Scotland) Act 2003 (asp 7)

49In section 21(9) of the Criminal Justice (Scotland) Act 2003 (power of adjournment where person convicted of sexual offence or offence disclosing significant sexual aspects to behaviour in committing it), for the words from “—(a) “three weeks”” to “each case” substitute ““four weeks” there were”.

Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003(S.I. 2003/417 (N.I. 4))

50In paragraph 1 of Schedule 1 to the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003, after sub-paragraph (n) insert—

(o)any offence under any of sections 15 to 21 and 47 to 50 of the Sexual Offences Act 2003..

Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))

51In Schedule 2 to the Access to Justice (Northern Ireland) Order 2003, in paragraph 2(d)—

(a)omit sub-paragraph (x),

(b)omit “or” at the end of sub-paragraph (xi),

(c)at the end of sub-paragraph (xii) insert or

(xiii)under section 89, 90, 97, 100, 104, 108, 109, 114, 118, 123, 125 or 126 of the Sexual Offences Act 2003,.

Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13))

52In the Criminal Justice (Northern Ireland) Order 2003, omit—

(a)in Article 19(4), sub-paragraph (a) and

(b)in Schedule 1, paragraphs 1, 2, 20 and 21.

Section 140

SCHEDULE 7Repeals and revocations

ReferenceExtent of repeal or revocation
Vagrancy Act 1824 (c. 83)

In section 4 except so far as extending to Northern Ireland, the words from “every person wilfully” to “female”.

In section 4 as it extends to Northern Ireland, the words from “wilfully, openly, lewdly” to “any female; or”.

Town Police Clauses Act 1847 (c. 89)In section 28 the words “every person who wilfully and indecently exposes his person:”.
Offences Against the Person Act 1861 (c. 100)Sections 61 and 62.
Criminal Law Amendment Act 1885 (c. 69)

Section 2(2) to (4).

Section 11.

Vagrancy Act 1898 (c. 39)The whole Act.
Criminal Law Amendment Act 1912 (c. 20)Section 7.
Visiting Forces Act 1952 (c. 67)In the Schedule, in paragraph 1(a) the words “rape, buggery”; paragraph 1(b)(viii).
Army Act 1955 (3 & 4 Eliz. 2 c. 18)In section 70(4), the words “or rape”.
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)In section 70(4), the words “or rape”.
Sexual Offences Act 1956 (c. 69)

Sections 1 to 7.

Sections 9 to 17.

Sections 19 to 32.

Sections 41 to 47.

In Schedule 2, paragraphs 1 to 32.

Naval Discipline Act 1957 (c. 53)In section 48(2), the words “or rape”.
Mental Health Act 1959 (c. 72)Sections 127 and 128.
Indecency with Children Act 1960 (c. 33)The whole Act.
Sexual Offences Act 1967 (c. 60)

Section 1.

Section 4.

Section 5.

Sections 7 and 8.

Section 10.

Theft Act 1968 (c. 60)In section 9(2), the words “or raping any person”.
Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))In section 21, in subsection (1) the words “or the prostitution of,” and in subsection (2) the words “or the prostitution of,” and “or who has become a prostitute,”.
Criminal Justice Act 1972 (c. 71)Section 48.
National Health Service Reorganisation Act 1973 (c. 32)In Schedule 4, paragraph 92.
Sexual Offences (Amendment) Act 1976 (c. 82)

Section 1(2).

Section 7(3).

Criminal Law Act 1977 (c. 45)Section 54.
National Health Service Act 1977 (c. 49)In Schedule 15, paragraph 29.
Internationally Protected Persons Act 1978 (c. 17)In section 1(1)(a), the word “rape,”.
Suppression of Terrorism Act 1978 (c. 26)

In section 4(1)(a), the word “11,”.

In Schedule 1, paragraph 11.

Magistrates' Courts Act 1980 (c. 43)

In section 103(2)(c), the words from “the Indecency with Children Act 1960” to “1977 or”.

In Schedule 1, paragraphs 23, 27 and 32.

In Schedule 7, paragraph 18.

Criminal Attempts Act 1981 (c. 47)In section 4(5), paragraph (a) and the word “and” immediately after it.
Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

In Article 29(1), the words from “or with an offence under section 1(1)(b) of the Vagrancy Act 1898” to “homosexual act”.

In Schedule 2, paragraphs 5(c), 10(c) and 22.

Criminal Justice Act 1982 (c. 48)In Schedule 1, in Part 1, paragraph 2, and in Part 2, the cross-heading immediately before paragraph 12, and paragraphs 12 to 14.
Mental Health (Amendment) Act 1982 (c. 51)In Schedule 3, paragraphs 29 and 34.
Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/1536 (N.I. 19))

In Article 2(2), in the definition of “homosexual act”, the words from “, an act of gross indecency” to the end.

Article 3.

Article 7.

Article 8.

Article 10(2)(a) and (b).

In Article 11(1), the words “, or gross indecency with,”.

Article 12(1).

Article 13.

In the Schedule, paragraphs 3, 4 and 7.

Mental Health Act 1983 (c. 20)In Schedule 4, paragraph 15.
Police and Criminal Evidence Act 1984 (c. 60)

In section 80(7), the words from “the Sexual Offences Act 1956” to “1977 or”.

In Schedule 1A, paragraph 4 and the cross-heading immediately before it.

In Part 1 of Schedule 5, paragraphs 4 and 6 to 8.

In Part 2 of Schedule 5, paragraph 2 and the cross-heading immediately before it.

In Part 1 of Schedule 6, paragraph 9.

Sexual Offences Act 1985 (c. 44)

Section 3.

Section 4(2) and (3).

Section 5(2).

Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))In Schedule 5, in Part II, the entry relating to the Homosexual Offences (Northern Ireland) Order 1982.
Criminal Justice Act 1988 (c. 33)In section 32(2)(c), the words from “the Sexual Offences Act 1956” to “1977 or”.
Children Act 1989 (c. 41)In Schedule 12, paragraphs 11 to 14 and 16.
Criminal Justice and Public Order Act 1994 (c. 33)

Sections 142 to 144.

In Schedule 10, paragraphs 26 and 35(2) and (4).

Criminal Procedure and Investigations Act 1996 (c. 25)Section 56(2)(a).
Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)In the Schedule, paragraph 1(1)(a).
Sexual Offences (Protected Material) Act 1997 (c. 39)In the Schedule, paragraphs 1 to 4.
Crime (Sentences) Act 1997 (c. 43)Section 52.
Sex Offenders Act 1997 (c. 51)The whole Act.
Crime and Disorder Act 1998 (c. 37)

Sections 2, 2A, 2B and 3.

In section 4, in subsection (1) the words “, a sex offender order or an order under section 2A above” and in subsection (3) the words “or 2(6) above”.

Section 20.

In Section 21, subsection (2); in subsection (4), the words “or (2)”; in subsection (5), the words “or 20”; in subsection (6), the words “and sex offender orders” and “or 20(4)(a)”; in subsection (7)(b)(i), the words “or, as the case may be, chief constable”; subsections (7A) and (7B); and in subsection (10), the words “or 20”.

Section 21A.

Section 22(6) and (7).

In Schedule 8, paragraphs 36 and 144.

Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))In Schedule 1, paragraph 1(c), (e) and (j).
Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)).Articles 6, 6A, 6B and 7.
Youth Justice and Criminal Evidence Act 1999 (c. 23)In section 35(3)(a), sub-paragraphs (i) to (iv).
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Section 161(2)(a) to (e).

In Schedule 9, paragraphs 189, 190 and 193.

Care Standards Act 2000 (c. 14)In Schedule 4, paragraph 2.
Criminal Justice and Courts Services Act 2000 (c. 43)

Section 39.

Section 66.

In Schedule 4, paragraphs 1(c) to (i), 2(g) to (m) and 3(b) to (r).

Schedule 5.

Sexual Offences (Amendment) Act 2000 (c. 44)

Section 1(1), (2) and (4).

Section 2(1) to (3) and (5).

Sections 3 and 4 except so far as extending to Scotland.

Section 5.

Section 6(1).

Armed Forces Act 2001 (c. 19)In Schedule 6, paragraphs 2 and 59.
Proceeds of Crime Act 2002 (c. 29)In Schedule 5, paragraph 8(2) to (5).
Police Reform Act 2002 (c. 30)Sections 67 to 74.
Nationality, Immigration and Asylum Act 2002 (c. 41)Sections 145 and 146.
Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))In Schedule 2, in paragraph 2(d), sub-paragraph (x) and the word “or” at the end of sub-paragraph (xi).
Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13))

In Article 19(4), sub-paragraph (a).

In Schedule 1, paragraphs 1, 2, 20 and 21.

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