- Latest available (Revised)
- Original (As enacted)
Prospective version(s) available. Show Timeline of Changes
The version on screen is currently in force, but there is a version available (prospective version) to show how it could change.
The prospective version will remain prospective until a date is appointed by an appropriate person or body to bring those changes into force.
To see the prospective version, use the Show Timeline of Changes feature under ‘Advanced Features’.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring changes and effects in the prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Sexual Offences Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
(1)In this Part, “sexual offences prevention order” means an order under section 104 or 105.
(2)Subsections (3) to (8) apply for the purposes of section 104.
(3)“Protecting the public or any particular members of the public from serious sexual harm from the defendant” means protecting the public in the United Kingdom or any particular members of that public from serious physical or psychological harm, caused by the defendant committing one or more offences listed in Schedule 3.
(4)Acts, behaviour, convictions and findings include those occurring before the commencement of this Part.
(5)“Qualifying offender” means a person within subsection (6) or (7).
(6)A person is within this subsection if, whether before or after the commencement of this Part, he—
(a)has been convicted of an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5,
(b)has been found not guilty of such an offence by reason of insanity,
(c)has been found to be under a disability and to have done the act charged against him in respect of such an offence, or
(d)in England and Wales or Northern Ireland, has been cautioned in respect of such an offence.
(7)A person is within this subsection if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—
(a)he has been convicted of a relevant offence (whether or not he has been punished for it),
(b)a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that he is not guilty by reason of insanity,
(c)such a court has made in respect of a relevant offence a finding equivalent to a finding that he is under a disability and did the act charged against him in respect of the offence, or
(d)he has been cautioned in respect of a relevant offence.
(8)“Appropriate date”, in relation to a qualifying offender, means the date or (as the case may be) the first date on which he was convicted, found or cautioned as mentioned in subsection (6) or (7).
(9)In subsection (7), “relevant offence” means an act which—
(a)constituted an offence under the law in force in the country concerned, and
(b)would have constituted an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5 if it had been done in any part of the United Kingdom.
(10)An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (9), however it is described in that law.
(11)Subject to subsection (12), on an application under section 104(5) the condition in subsection (9)(b) (where relevant) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—
(a)stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,
(b)showing his grounds for that opinion, and
(c)requiring the applicant to prove that the condition is met.
(12)The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is met without service of a notice under subsection (11).
[F1(13)Subsection (14) applies for the purposes of section 104 and this section in their application in relation to England and Wales or Northern Ireland.
(14)In construing any reference to an offence listed in Schedule 3, any condition subject to which an offence is so listed that relates—
(a)to the way in which the defendant is dealt with in respect of an offence so listed or a relevant finding (as defined by section 132(9)), or
(b)to the age of any person,
is to be disregarded.]
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.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Click 'View More' or select 'More Resources' tab for additional information including: