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Sexual Offences Act 2003

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Commencement Orders bringing legislation that affects this Act into force:

SCHEDULES

Section 56

SCHEDULE 1E+WExtension of gender-specific prostitution offences

Sexual Offences Act 1956 (c. 69)E+W

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) ”.E+W

Street Offences Act 1959 (c. 57)E+W

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

3F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Sexual Offences Act 1985 (c. 44)E+W

4F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Section 72(7)

SCHEDULE 2E+W+N.I.Sexual offences to which section 72 applies

England and WalesE+W+N.I.

1In relation to England and Wales, the following are sexual offences to which section 72 applies—E+W+N.I.

[F3(a)an offence under any of sections 5 to 19, 25 and 26 and 47 to 50;

(b)an offence under any of sections 1 to 4, 30 to 41 and 61 where the victim of the offence was under 18 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 [F418];

(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).

F5. . .

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Amendments (Textual)

Northern IrelandE+W+N.I.

2F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+N.I.

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Amendments (Textual)

GeneralE+W+N.I.

3A reference in paragraph 1 F7. . . to an offence includes—E+W+N.I.

(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.

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Amendments (Textual)

Modifications etc. (not altering text)

Section 80

SCHEDULE 3E+W+S+N.I.Sexual offences for purposes of Part 2

England and WalesE+W+S+N.I.

1An offence under section 1 of the Sexual Offences Act 1956 (c. 69) (rape).E+W+S+N.I.

2An offence under section 5 of that Act (intercourse with girl under 13).E+W+S+N.I.

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

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.E+W+S+N.I.

5An offence under section 12 of that Act (buggery) if—E+W+S+N.I.

(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—E+W+S+N.I.

(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—E+W+S+N.I.

(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—E+W+S+N.I.

(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.E+W+S+N.I.

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

11An offence under section 1 of the Indecency with Children Act 1960 (c. 33) (indecent conduct towards young child).E+W+S+N.I.

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

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—E+W+S+N.I.

(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—E+W+S+N.I.

(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—E+W+S+N.I.

(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.E+W+S+N.I.

17An offence under section 1 or 2 of this Act (rape, assault by penetration).E+W+S+N.I.

18An offence under section 3 of this Act (sexual assault) if—E+W+S+N.I.

(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).E+W+S+N.I.

20An offence under section 7 of this Act (sexual assault of a child under 13) if the offender—E+W+S+N.I.

(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).E+W+S+N.I.

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.E+W+S+N.I.

23An offence under section 14 of this Act (arranging or facilitating the commission of a child sex offence) if the offender—E+W+S+N.I.

(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).E+W+S+N.I.

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—E+W+S+N.I.

(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—E+W+S+N.I.

(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).E+W+S+N.I.

28An offence under any of sections 38 to 41 of this Act (care workers for persons with mental disorder) if —E+W+S+N.I.

(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—E+W+S+N.I.

(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.

[F829AAn offence under section 48 of this Act (causing or inciting child prostitution or pornography) if the offender –E+W+S+N.I.

(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.

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Amendments (Textual)

29BAn offence under section 49 of this Act (controlling a child prostitute or a child involved in pornography) if the offender –E+W+S+N.I.

(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.

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Amendments (Textual)

29CAn offence under section 50 of this Act (arranging or facilitating child prostitution or pornography) if the offender –E+W+S+N.I.

(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.]

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Amendments (Textual)

30An offence under section 61 of this Act (administering a substance with intent).E+W+S+N.I.

31An offence under section 62 or 63 of this Act (committing an offence or trespassing, with intent to commit a sexual offence) if—E+W+S+N.I.

(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 —E+W+S+N.I.

(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—E+W+S+N.I.

(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—E+W+S+N.I.

(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 —E+W+S+N.I.

(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.

[F935AAn offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—E+W+N.I.

(a)was 18 or over, and

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

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Amendments (Textual)

[F1035BAn offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited images of children) if the offender—E+W+S+N.I.

(a)was 18 or over, and

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

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Amendments (Textual)

ScotlandE+W+S+N.I.

36Rape [F11at common law].E+W+S+N.I.

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Amendments (Textual)

37Clandestine injury to women.E+W+S+N.I.

38Abduction of woman or girl with intent to rape.E+W+S+N.I.

[F1238AAbduction with intent to commit rape under section 1 (rape) of the Sexual Offences (Scotland) Act 2009 (asp 9).S

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Amendments (Textual)

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

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Amendments (Textual)

39Assault with intent to rape or ravish.E+W+S+N.I.

[F1339AAssault with intent to commit rape under section 1 (rape) of the Sexual Offences (Scotland) Act 2009.S

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Amendments (Textual)

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

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Amendments (Textual)

40Indecent assault.E+W+S+N.I.

41Lewd, indecent or libidinous behaviour or practices.E+W+S+N.I.

[F1441APublic indecency if—E+W+S+N.I.

(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.]

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Amendments (Textual)

42E+W+S+N.I.

[F15Shameless indecency, if a person (other than the offender) involved in the offence was under 18.]

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Amendments (Textual)

43Sodomy, unless every person involved in the offence was 16 or over and was a willing participant.E+W+S+N.I.

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.E+W+N.I.

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Extent Information

E1This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only

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 S

[F103(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.]

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Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Amendments (Textual)

[F1644AAn offence under section 51A of the Civic Government (Scotland) Act 1982 (c.45) (possession of extreme pornography) if—S

(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.]

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Amendments (Textual)

45An offence under section 52 of the Civic Government (Scotland) Act 1982 (c. 45) (taking and distribution of indecent images of children) [F17 if—E+W+S+N.I.

(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]

.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

46An offence under section 52A of that Act (possession of indecent images of children) [F18 if—E+W+S+N.I.

(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]

.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

47An offence under section 106 of the Mental Health (Scotland) Act 1984 (c. 36) (protection of mentally handicapped females).E+W+S+N.I.

48An offence under section 107 of that Act (protection of patients).E+W+S+N.I.

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.E+W+S+N.I.

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.E+W+S+N.I.

51An offence under section 3 of that Act (intercourse with child under 16 by person in position of trust).E+W+S+N.I.

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.E+W+S+N.I.

53An offence under section 6 of that Act (indecent behaviour towards girl between 12 and 16).E+W+S+N.I.

54An offence under section 8 of that Act (abduction of girl under 18 for purposes of unlawful intercourse).E+W+S+N.I.

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

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.E+W+S+N.I.

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.E+W+S+N.I.

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

59An offence under section 313(1) of that Act (persons providing care services: sexual offences).E+W+S+N.I.

[F1959AAn 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—E+W+S+N.I.

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

59BAn offence under section 9 of that Act (paying for sexual services of a child), if—E+W+S+N.I.

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

59CAn offence under any of sections 10 to 12 of that Act, if—E+W+S+N.I.

(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.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

[F2059DAn offence under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9) (rape).S

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Amendments (Textual)

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

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Amendments (Textual)

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

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Amendments (Textual)

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

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Amendments (Textual)

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

(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.

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Amendments (Textual)

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

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

59ZIAn 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—S

(a)sentenced to a term of imprisonment, or

(b)admitted to a hospital.

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Amendments (Textual)

59ZJAn 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—S

(a)sentenced to a term of imprisonment, or

(b)admitted to a hospital.

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Amendments (Textual)

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

(a)the offender is 20 or over,

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

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Amendments (Textual)

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

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Amendments (Textual)

60An offence in Scotland other than is mentioned in paragraphs 36 to [F2159ZL] 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.E+W+S+N.I.

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Amendments (Textual)

Northern IrelandE+W+S+N.I.

61Rape.E+W+S+N.I.

62An offence under section 52 of the Offences against the Person Act 1861 (c. 100) (indecent assault upon a female) if—E+W+S+N.I.

(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—E+W+S+N.I.

(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—E+W+S+N.I.

(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 —E+W+S+N.I.

(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—E+W+S+N.I.

(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—E+W+S+N.I.

(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—E+W+S+N.I.

(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—E+W+S+N.I.

(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.E+W+S+N.I.

71An offence under section 7 of that Act (abduction of girl under 18) if the offender—E+W+S+N.I.

(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—E+W+S+N.I.

(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 —E+W+S+N.I.

(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—E+W+S+N.I.

(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—E+W+S+N.I.

(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—E+W+S+N.I.

(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—E+W+S+N.I.

(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—E+W+S+N.I.

(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—E+W+S+N.I.

(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).E+W+S+N.I.

81An offence under Article 123 of that Order (offences against patients) if—E+W+S+N.I.

(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—E+W+S+N.I.

(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—E+W+S+N.I.

(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—E+W+S+N.I.

(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—E+W+S+N.I.

(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—E+W+S+N.I.

(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.).E+W+S+N.I.

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—E+W+S+N.I.

(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—E+W+S+N.I.

(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.

[F2289AAn offence under section 48 of this Act (causing or inciting child prostitution or pornography) if the offender –E+W+S+N.I.

(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.

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Amendments (Textual)

89BAn offence under section 49 of this Act (controlling a child prostitute or a child involved in pornography) if the offender –E+W+S+N.I.

(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.

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Amendments (Textual)

89CAn offence under section 50 of this Act (arranging or facilitating child prostitution or pornography) if the offender –E+W+S+N.I.

(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.]

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Amendments (Textual)

90An offence under section 66 of this Act (exposure) if—E+W+S+N.I.

(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—E+W+S+N.I.

(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 —E+W+S+N.I.

(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.

[F23[F2492B]An offence under Article 5 or 6 of the Sexual Offences (Northern Ireland) Order 2008 (rape, assault by penetration).E+W+S+N.I.

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Amendments (Textual)

[F2592C]An offence under Article 7 of that Order (sexual assault) if—E+W+S+N.I.

(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.

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Amendments (Textual)

[F2692D]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).E+W+S+N.I.

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Amendments (Textual)

[F2792E]An offence under Article 14 of that Order (sexual assault of a child under 13) if the offender—E+W+S+N.I.

(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.

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Amendments (Textual)

[F2892F]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).E+W+S+N.I.

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Amendments (Textual)

[F2992G]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.E+W+S+N.I.

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Amendments (Textual)

F29Sch. 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)}

[F3092H]An offence under Article 21 of that Order (arranging or facilitating the commission of a sexual offence against a child) if the offender—E+W+S+N.I.

(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.

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Amendments (Textual)

[F3192I]An offence under Article 22 of that Order (meeting a child following sexual grooming etc).E+W+S+N.I.

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Amendments (Textual)

[F3292J]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—E+W+S+N.I.

(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.

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Amendments (Textual)

[F3392K]An offence under Article 32 or 33 of that Order (familial sexual offences against children) if the offender—E+W+S+N.I.

(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.

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Amendments (Textual)

[F3492L]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—E+W+S+N.I.

(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.

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Amendments (Textual)

[F3592M]An offence under Article 38 (causing or inciting child prostitution or pornography) if the offender—E+W+S+N.I.

(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.

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Amendments (Textual)

[F3692N]An offence under Article 39 (controlling a child prostitute or a child involved in pornography) if the offender—E+W+S+N.I.

(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.

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Amendments (Textual)

[F3792O]An offence under Article 40 (arranging or facilitating child prostitution or pornography) if the offender—E+W+S+N.I.

(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.

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Amendments (Textual)

[F3892P]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).E+W+S+N.I.

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Amendments (Textual)

[F3992Q]An offence under any of Articles 51 to 54 of that Order (care workers for persons with mental disorder) if—E+W+S+N.I.

(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.

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Amendments (Textual)

F39Sch. 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)}

[F4092R]An offence under Article 65 of that Order (administering a substance with intent).E+W+S+N.I.

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Amendments (Textual)

[F4192S]An offence under Article 66 or 67 of that Order (committing an offence or trespassing, with intent to commit a sexual offence) if—E+W+S+N.I.

(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.

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Amendments (Textual)

F41Sch. 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)}

[F4292T]An offence under Article 68 or 69 of that Order (sex with an adult relative) if—E+W+S+N.I.

(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.

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Amendments (Textual)

[F4392U]An offence under Article 70 of that Order (exposure) if—E+W+S+N.I.

(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.

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Amendments (Textual)

[F4492V]An offence under Article 71 of that Order (voyeurism) if—E+W+S+N.I.

(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.

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Amendments (Textual)

F44Sch. 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)}

[F4592W]An offence under Article 73 or 74 of that Order (intercourse with an animal, penetration of a corpse) if—E+W+S+N.I.

(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.]

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Amendments (Textual)

[F4692XAn offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited images of children) if the offender—E+W+S+N.I.

(a)was 18 or over, and

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

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Amendments (Textual)

[F4792AAn offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—E+W+S+N.I.

(a)was 18 or over, and

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

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Amendments (Textual)

Service offencesE+W+S+N.I.

93(1)An offence under—E+W+S+N.I.

(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 [F4835B].

(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 F49. . . detention of at least 112 days.

[F50(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.]

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Amendments (Textual)

F49Word 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

F50Sch. 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

[F5193A(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 [F5235B].E+W+S+N.I.

(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, [F53encouragement 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.]

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Amendments (Textual)

F51Sch. 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

F52Word 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)

Modifications etc. (not altering text)

GeneralE+W+S+N.I.

94A reference in a preceding paragraph to an offence includes—E+W+S+N.I.

(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.

[F5494AA 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.]E+W+S+N.I.

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Amendments (Textual)

95A reference in a preceding paragraph to a person’s age is—E+W+S+N.I.

(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—E+W+S+N.I.

(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—E+W+S+N.I.

(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) [F55and (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.

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Amendments (Textual)

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.E+W+S+N.I.

Section 93

SCHEDULE 4E+W+N.I.Procedure for ending notification requirements for abolished homosexual offences

Scope of ScheduleE+W+N.I.

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—E+W+N.I.

(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 decisionE+W+N.I.

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—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.

(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 StateE+W+N.I.

3(1)In making the decision applied for, the Secretary of State must consider—E+W+N.I.

(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 decisionE+W+N.I.

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.E+W+N.I.

(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 appealE+W+N.I.

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.E+W+N.I.

(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.

InterpretationE+W+N.I.

6(1)In this Schedule a reference to an offence includes—E+W+N.I.

(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 provisionE+W+N.I.

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.E+W+N.I.

Section 104

SCHEDULE 5E+W+S+N.I.Other offences for purposes of Part 2

England and WalesE+W+S+N.I.

1Murder.E+W+S+N.I.

2Manslaughter.E+W+S+N.I.

3Kidnapping.E+W+S+N.I.

4False imprisonment.E+W+S+N.I.

[F564AOutraging public decency.]E+W+S+N.I.

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Amendments (Textual)

5An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).E+W+S+N.I.

6An offence under section 16 of that Act (threats to kill).E+W+S+N.I.

7An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).E+W+S+N.I.

8An offence under section 20 of that Act (malicious wounding).E+W+S+N.I.

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).E+W+S+N.I.

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

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

12An offence under section 27 of that Act (abandoning children).E+W+S+N.I.

13An offence under section 28 of that Act (causing bodily injury by explosives).E+W+S+N.I.

14An offence under section 29 of that Act (using explosives etc. with intent to do grievous bodily harm).E+W+S+N.I.

15An offence under section 30 of that Act (placing explosives with intent to do bodily injury).E+W+S+N.I.

16An offence under section 31 of that Act (setting spring guns etc. with intent to do grievous bodily harm).E+W+S+N.I.

17An offence under section 32 of that Act (endangering the safety of railway passengers).E+W+S+N.I.

18An offence under section 35 of that Act (injuring persons by furious driving).E+W+S+N.I.

19An offence under section 37 of that Act (assaulting officer preserving wreck).E+W+S+N.I.

20An offence under section 38 of that Act (assault with intent to resist arrest).E+W+S+N.I.

21An offence under section 47 of that Act (assault occasioning actual bodily harm).E+W+S+N.I.

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

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

24An offence under section 1 of the Infant Life (Preservation) Act 1929 (c. 34) (child destruction).E+W+S+N.I.

25An offence under section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty to children).E+W+S+N.I.

26An offence under section 1 of the Infanticide Act 1938 (c. 36) (infanticide).E+W+S+N.I.

27An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life).E+W+S+N.I.

28An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence).E+W+S+N.I.

29An offence under section 17(1) of that Act (use of firearm to resist arrest).E+W+S+N.I.

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).E+W+S+N.I.

31An offence under section 18 of that Act (carrying a firearm with criminal intent).E+W+S+N.I.

[F5731AAn offence under section 1 of the Theft Act 1968 (c.60) (theft).]E+W+S+N.I.

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Amendments (Textual)

32An offence under section 8 of [F58that Act](robbery or assault with intent to rob).E+W+S+N.I.

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Amendments (Textual)

33[F59An offence under section 9(1)(a) of that Act (burglary with intent to steal, inflict grievous bodily harm or do unlawful damage).]E+W+S+N.I.

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Amendments (Textual)

34An offence under section 10 of that Act (aggravated burglary).E+W+S+N.I.

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

36An offence of arson under section 1 of the Criminal Damage Act 1971 (c. 48).E+W+S+N.I.

37An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.E+W+S+N.I.

38An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).E+W+S+N.I.

39An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).E+W+S+N.I.

40An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).E+W+S+N.I.

41An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).E+W+S+N.I.

42An offence under section 4 of that Act (offences in relation to certain dangerous articles).E+W+S+N.I.

43An offence under section 127 of the Mental Health Act 1983 (c. 20) (ill-treatment of patients).E+W+S+N.I.

[F6043AAn offence under section 1 of the Child Abduction Act 1984 (c. 37) (offence of abduction of child by parent, etc).E+W+S+N.I.

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Amendments (Textual)

43BAn offence under section 2 of that Act (offence of abduction of child by other persons).]E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

44An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).E+W+S+N.I.

45An offence under section 1 of the Public Order Act 1986 (c. 64) (riot).E+W+S+N.I.

46An offence under section 2 of that Act (violent disorder).E+W+S+N.I.

47An offence under section 3 of that Act (affray).E+W+S+N.I.

48An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).E+W+S+N.I.

49An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving).E+W+S+N.I.

50An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).E+W+S+N.I.

51An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).E+W+S+N.I.

52An offence under section 9 of that Act (hijacking of ships).E+W+S+N.I.

53An offence under section 10 of that Act (seizing or exercising control of fixed platforms).E+W+S+N.I.

54An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).E+W+S+N.I.

55An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).E+W+S+N.I.

56An offence under section 13 of that Act (offences involving threats).E+W+S+N.I.

[F6156AAn offence under section 2 of the Protection from Harassment Act 1997 (c. 40) (offence of harassment).]E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

57An offence under section 4 of [F62that Act] (putting people in fear of violence).E+W+S+N.I.

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Amendments (Textual)

58An offence under section 29 of the Crime and Disorder Act 1998 (c. 37) (racially or religiously aggravated assaults).E+W+S+N.I.

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)).E+W+S+N.I.

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).E+W+S+N.I.

[F6360ZAAn offence under section 53 or 54 of the Regulation of Investigatory Powers Act 2000 (contravention of notice relating to encrypted information or tipping off in connection with such a notice).]E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F63Sch. 5 para. 60ZA inserted "after paragraph 60" (25.1.2010) by virtue of Policing and Crime Act 2009, ss. 112(1), 116(1), {Sch. 7 para. 25(2)}; S.I. 2009/3096, art. 3(x)

[F6460AAn offence under section 85(3) or (4) of the Postal Services Act 2000 (c. 26) (prohibition on sending certain articles by post).]E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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.E+W+S+N.I.

[F6561AAn offence under section 127(1) of the Communications Act 2003 (c. 21) (improper use of public electronic communications network).]E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

63[F66An offence under any of sections 51 to 53 or 57 to 59 of this Act.]E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

[F6763AAn offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult).]E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

ScotlandE+W+S+N.I.

64Murder.E+W+S+N.I.

65Culpable homicide.E+W+S+N.I.

66Assault.E+W+S+N.I.

67Assault and robbery.E+W+S+N.I.

68Abduction.E+W+S+N.I.

69Plagium.E+W+S+N.I.

70Wrongful imprisonment.E+W+S+N.I.

71Threatening personal violence.E+W+S+N.I.

72Breach of the peace inferring personal violence.E+W+S+N.I.

73Wilful fireraising.E+W+S+N.I.

74Culpable and reckless fireraising.E+W+S+N.I.

75Mobbing and rioting.E+W+S+N.I.

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

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

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

79An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life).E+W+S+N.I.

80An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence).E+W+S+N.I.

81An offence under section 17(1) of that Act (use of firearm to resist arrest).E+W+S+N.I.

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).E+W+S+N.I.

83An offence under section 18 of that Act (carrying a firearm with criminal intent).E+W+S+N.I.

84An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).E+W+S+N.I.

85An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).E+W+S+N.I.

86An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).E+W+S+N.I.

87An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).E+W+S+N.I.

88An offence under section 4 of that Act (offences in relation to certain dangerous articles).E+W+S+N.I.

89An offence under section 105 of the Mental Health (Scotland) Act 1984 (c. 36) (ill-treatment of patients).E+W+S+N.I.

90An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).E+W+S+N.I.

91An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).E+W+S+N.I.

92An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving).E+W+S+N.I.

93An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).E+W+S+N.I.

94An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).E+W+S+N.I.

95An offence under section 9 of that Act (hijacking of ships).E+W+S+N.I.

96An offence under section 10 of that Act (seizing or exercising control of fixed platforms).E+W+S+N.I.

97An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).E+W+S+N.I.

98An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).E+W+S+N.I.

99An offence under section 13 of that Act (offences involving threats).E+W+S+N.I.

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).E+W+S+N.I.

101An offence under section 7 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (procuring).E+W+S+N.I.

102An offence under section 9 of that Act (permitting girl to use premises for intercourse).E+W+S+N.I.

103An offence under section 11 of that Act (trading in prostitution and brothel-keeping).E+W+S+N.I.

104An offence under section 12 of that Act (allowing child to be in brothel).E+W+S+N.I.

105An offence under section 13(9) of that Act (living on earnings of male prostitution etc.).E+W+S+N.I.

106An offence under section 50A of that Act (racially-aggravated harassment).E+W+S+N.I.

[F68106AAn offence under section 53 or 54 of the Regulation of Investigatory Powers Act 2000 (contravention of notice relating to encrypted information or tipping off in connection with such a notice).]E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F68Sch. 5 para. 106A inserted (25.1.2010) by Policing and Crime Act 2009, ss. 112(1), 116(1), {Sch. 7 para. 25(3)}; S.I. 2009/3096, art. 3(x)

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.E+W+S+N.I.

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).E+W+S+N.I.

109An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (asp 7) (traffic in prostitution etc.).E+W+S+N.I.

110An offence to which section 74 of that Act applies (offences aggravated by religious prejudice).E+W+S+N.I.

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).E+W+S+N.I.

Northern IrelandE+W+S+N.I.

112Murder.E+W+S+N.I.

113Manslaughter.E+W+S+N.I.

114Kidnapping.E+W+S+N.I.

115Riot.E+W+S+N.I.

116Affray.E+W+S+N.I.

117False imprisonment.E+W+S+N.I.

[F69117AOutraging public decency.]E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

118An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).E+W+S+N.I.

119An offence under section 16 of that Act (threats to kill).E+W+S+N.I.

120An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).E+W+S+N.I.

121An offence under section 20 of that Act (malicious wounding).E+W+S+N.I.

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).E+W+S+N.I.

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

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

125An offence under section 27 of that Act (abandoning children).E+W+S+N.I.

126An offence under section 28 of that Act (causing bodily injury by explosives).E+W+S+N.I.

127An offence under section 29 of that Act (using explosives etc. with intent to do grievous bodily harm).E+W+S+N.I.

128An offence under section 30 of that Act (placing explosives with intent to do bodily injury).E+W+S+N.I.

129An offence under section 31 of that Act (setting spring guns etc. with intent to do grievous bodily harm).E+W+S+N.I.

130An offence under section 32 of that Act (endangering the safety of railway passengers).E+W+S+N.I.

131An offence under section 35 of that Act (injuring persons by furious driving).E+W+S+N.I.

132An offence under section 37 of that Act (assaulting officer preserving wreck).E+W+S+N.I.

133An offence under section 47 of that Act of assault occasioning actual bodily harm.E+W+S+N.I.

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

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

136An offence under section 25 of the Criminal Justice (Northern Ireland) Act 1945 (c. 15) (child destruction).E+W+S+N.I.

137An offence under section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5) (infanticide).E+W+S+N.I.

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).E+W+S+N.I.

[F70138AAn offence under section 9(1)(a) of that Act (riotous, disorderly and indecent behaviour, etc).]E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

[F71139AAn offence under section 1 of the Theft Act (Northern Ireland) 1969 (c.16) (basic definition of theft).]E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

140An offence under section 8 of [F72that Act] (robbery or assault with intent to rob).E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

141[F73An offence under section 9(1)(a) of that Act (burglary with intent to steal, inflict grievous bodily harm or do unlawful damage).]E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

142An offence under section 10 of that Act (aggravated burglary).E+W+S+N.I.

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

144An offence under Article 3(2) of that Order (destroying or damaging property) other than an offence of arson.E+W+S+N.I.

145An offence under [F74Article 58(1)] of the Firearms (Northern Ireland) Order [F752004 (S.I. 2004/ (N.I. ))] (possession of firearm with intent to endanger life).E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

146An offence under [F76Article 58(2)] of that Order (possession of firearm with intent to cause fear of violence).E+W+S+N.I.

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Amendments (Textual)

147An offence under [F77Article 59(1)] of that Order (use of firearm to resist arrest).E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

148An offence under [F78Article 59(2)] of that Order (possession of firearm at time of committing or being arrested for an offence specified in [F79Schedule 4] to that Order).E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

149An offence under [F80Article 60] of that Order (carrying a firearm with criminal intent).E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

150An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).E+W+S+N.I.

151An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).E+W+S+N.I.

152An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).E+W+S+N.I.

153An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).E+W+S+N.I.

154An offence under section 4 of that Act (offences in relation to certain dangerous articles).E+W+S+N.I.

[F81154AAn offence under Article 3 of the Child Abduction (Northern Ireland) Order 1985 (S.I. 1638 (N.I. 17)) (offence of abduction of child by parent).E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

154BAn offence under Article 4 of that Order (offence of abduction of child by other person).]E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

155An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).E+W+S+N.I.

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

157An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).E+W+S+N.I.

158An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).E+W+S+N.I.

159An offence under section 9 of that Act (hijacking of ships).E+W+S+N.I.

160An offence under section 10 of that Act (seizing or exercising control of fixed platforms).E+W+S+N.I.

161An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).E+W+S+N.I.

162An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).E+W+S+N.I.

163An offence under section 13 of that Act (offences involving threats).E+W+S+N.I.

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).E+W+S+N.I.

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).E+W+S+N.I.

[F82165AAn offence under Article 4 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180) (N.I. 9)) (offence of harassment).]E+W+S+N.I.

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Amendments (Textual)

166An offence under Article 6 of [F83that Order] (putting people in fear of violence).E+W+S+N.I.

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Amendments (Textual)

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

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).E+W+S+N.I.

[F84168ZAAn offence under section 53 or 54 of the Regulation of Investigatory Powers Act 2000 (contravention of notice relating to encrypted information or tipping off in connection with such a notice).]E+W+S+N.I.

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Amendments (Textual)

F84Sch. 5 para. 168ZA inserted (25.1.2010) by Policing and Crime Act 2009, ss. 112(1), 116(1), {Sch. 7 para. 25(4)}; S.I. 2009/3096, art. 3(x)

[F85168AAn offence under section 85(3) or (4) of the Postal Services Act 2000 (c. 26) (prohibition on sending certain articles by post).]E+W+S+N.I.

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Amendments (Textual)

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.E+W+S+N.I.

[F86169AAn offence under section 127(1) of the Communications Act 2003 (c. 21) (improper use of public electronic communications network).]E+W+S+N.I.

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Amendments (Textual)

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

171[F87An offence under any of sections F88. . . 57 to 59 of this Act.]E+W+S+N.I.

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Amendments (Textual)

[F89171AAn offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult).]E+W+S+N.I.

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Amendments (Textual)

[F90171BAn offence under Article 62 (causing or inciting prostitution for gain) or 63 (controlling prostitution for gain) of the Sexual Offences (Northern Ireland) Order 2008.]E+W+S+N.I.

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Amendments (Textual)

Service offencesE+W+S+N.I.

172An offence under—E+W+S+N.I.

(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 [F9163A] .

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Amendments (Textual)

[F92172A(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 63A.E+W+S+N.I.

(2)Section 48 of that Act (attempts, conspiracy, [F93encouragement 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.]

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Amendments (Textual)

F92Sch. 5 para. 172A inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 213; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

GeneralE+W+S+N.I.

173A reference in a preceding paragraph to an offence includes—E+W+S+N.I.

(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.

[F94173AA 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.]E+W+S+N.I.

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Amendments (Textual)

174A reference in a preceding paragraph to a person’s age is a reference to his age at the time of the offence.E+W+S+N.I.

Section 139

SCHEDULE 6E+W+S+N.I.Minor and consequential amendments

Vagrancy Act 1824 (c. 83)E+W+S+N.I.

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”.E+W+S+N.I.

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”.E+W+S+N.I.

Town Police Clauses Act 1847 (c. 89)E+W+S+N.I.

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:”.E+W+S+N.I.

Offences against the Persons Act 1861 (c. 100)E+W+S+N.I.

4In the Offences against the Person Act 1861, omit sections 61 and 62.E+W+S+N.I.

Criminal Law Amendment Act 1885 (c. 69)E+W+S+N.I.

5In the Criminal Law Amendment Act 1885, omit—E+W+S+N.I.

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

(b)section 11.

Vagrancy Act 1898 (c. 39)E+W+S+N.I.

6The Vagrancy Act 1898 ceases to have effect.E+W+S+N.I.

Children and Young Persons Act 1933 (c. 12)E+W+S+N.I.

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. ”E+W+S+N.I.

Visiting Forces Act 1952 (c. 67)E+W+S+N.I.

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.E+W+S+N.I.

(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)E+W+S+N.I.

9F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F95Sch. 6 para. 9 repealed (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Air Force Act 1955 (3 & 4 Eliz. 2.c. 19)E+W+S+N.I.

10F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F96Sch. 6 para. 10 repealed (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383(2), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Sexual Offences Act 1956 (c. 37)E+W+S+N.I.

11In the Sexual Offences Act 1956, omit—E+W+S+N.I.

(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)E+W+S+N.I.

12F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F97Sch. 6 para. 12 repealed (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383(2), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Mental Health Act 1959 (c. 72)E+W+S+N.I.

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

Indecency with Children Act 1960 (c. 33)E+W+S+N.I.

14The Indecency with Children Act 1960 ceases to have effect.E+W+S+N.I.

Sexual Offences Act 1967 (c. 60)E+W+S+N.I.

15In the Sexual Offences Act 1967, omit the following—E+W+S+N.I.

(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)E+W+S+N.I.

16In Schedule 1 to the Firearms Act 1968 (offences to which section 17(2) of that Act applies), for paragraph 6 substitute—E+W+S+N.I.

6Offences 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)E+W+S+N.I.

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

Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))E+W+S+N.I.

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

(2)F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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. ”

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Amendments (Textual)

Rehabilitation of Offenders Act 1974 (c. 53)E+W+S+N.I.

19In section 7 of the Rehabilitation of Offenders Act 1974 (limitations on rehabilitation under that Act), in subsection (2), for paragraph (bb) substitute—E+W+S+N.I.

(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)E+W+S+N.I.

20(1)The Sexual Offences (Amendment) Act 1976 is amended as follows.E+W+S+N.I.

(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)E+W+S+N.I.

21In the Criminal Law Act 1977, omit section 54 (inciting girl under 16 to have incestuous sexual intercourse).E+W+S+N.I.

Internationally Protected Persons Act 1978 (c. 17)E+W+S+N.I.

22In section 1 of the Internationally Protected Persons Act 1978 (attacks and threats of attacks on protected persons)—E+W+S+N.I.

(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)E+W+S+N.I.

23(1)Schedule 1 to the Suppression of Terrorism Act 1978 (offences for the purposes of that Act) is amended as follows.E+W+S+N.I.

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

(3)For paragraph 9 substitute—

9An 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)E+W+S+N.I.

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, ”.E+W+S+N.I.

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

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—E+W+S+N.I.

(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)E+W+S+N.I.

26(1)The Magistrates' Courts Act 1980 is amended as follows.E+W+S+N.I.

(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)E+W+S+N.I.

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—E+W+S+N.I.

SEXUAL OFFENCES ACT 2003E+W+S+N.I.

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)E+W+S+N.I.

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

(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)F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Criminal Justice Act 1988 (c. 33)E+W+S+N.I.

29(1)The Criminal Justice Act 1988 is amended as follows.E+W+S+N.I.

(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)E+W+S+N.I.

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 ”.E+W+S+N.I.

Sexual Offences (Amendment) Act 1992 (c. 34)E+W+S+N.I.

31(1)Section 2 of the Sexual Offences (Amendment) Act 1992 (offences to which that Act applies) is amended as follows.E+W+S+N.I.

(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)E+W+S+N.I.

32(1)The Criminal Justice and Public Order Act 1994 is amended as follows.E+W+S+N.I.

(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)E+W+S+N.I.

33E+W

[F100In 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;.]

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Amendments (Textual)

Criminal Injuries Compensation Act 1995 (c. 53)E+W+S+N.I.

34In section 11 of the Criminal Injuries Compensation Act 1995 (approval by parliament of certain alterations to the Tariff or provisions of the Scheme)—E+W+S+N.I.

(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)E+W+S+N.I.

35In the Schedule to the Sexual Offences (Conspiracy and Incitement) Act 1996 (sexual offences for the purposes of that Act), in paragraph 1—E+W+S+N.I.

(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)E+W+S+N.I.

36In the Schedule to the Sexual Offences (Protected Material) Act 1997 (sexual offences for the purposes of that Act)—E+W+S+N.I.

(a)after paragraph 5 insert—

5AAny 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)E+W+S+N.I.

37The Sex Offenders Act 1997 ceases to have effect.E+W+S+N.I.

Crime and Disorder Act 1998 (c. 37)E+W+S+N.I.

38(1)The Crime and Disorder Act 1998 is amended as follows.E+W+S+N.I.

(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))E+W+S+N.I.

39F101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

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

40In the Criminal Justice (Northern Ireland) Order 1998, omit Articles 6, 6A, 6B and 7.E+W+S+N.I.

Youth Justice and Criminal Evidence Act 1999 (c. 23)E+W+S+N.I.

41(1)The Youth Justice and Criminal Evidence Act 1999 is amended as follows.E+W+S+N.I.

(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))E+W+S+N.I.

42(1)The Criminal Evidence (Northern Ireland) Order 1999 is amended as follows.E+W+S+N.I.

(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)E+W+S+N.I.

43(1)The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.E+W+S+N.I.

(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)E+W+S+N.I.

44(1)The Criminal Justice and Courts Services Act 2000 is amended as follows.E+W+S+N.I.

(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)E+W+S+N.I.

45(1)The Sexual Offences (Amendment) Act 2000 is amended as follows.E+W+S+N.I.

(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)E+W+S+N.I.

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

(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 sexE+W

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)F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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Amendments (Textual)

Adoption and Children Act 2002 (c. 38)E+W+S+N.I.

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 E+W+S+N.I.

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

Nationality, Asylum and Immigration Act 2002 (c. 41)E+W+S+N.I.

48In the Nationality, Asylum and Immigration Act 2002, omit sections 145 and 146 (traffic in prostitution).E+W+S+N.I.

Criminal Justice (Scotland) Act 2003 (asp 7)E+W+S+N.I.

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 ”.E+W+S+N.I.

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

50In paragraph 1 of Schedule 1 to the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003, after sub-paragraph (n) insert—E+W+S+N.I.

(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))E+W+S+N.I.

51In Schedule 2 to the Access to Justice (Northern Ireland) Order 2003, in paragraph 2(d)—E+W+S+N.I.

(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))E+W+S+N.I.

52In the Criminal Justice (Northern Ireland) Order 2003, omit—E+W+S+N.I.

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

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

Section 140

SCHEDULE 7E+WRepeals 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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