Criminal Justice and Public Order Act 1994

Part XI U.K. Sexual Offences

Rape E+W

142 Rape of women and men. E+W

F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 142 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 142, Sch. 6 para. 32(3), Sch. 7; S.I. 2004/874, art. 2

Male rape and buggery E+W

143 Male rape and buggery. E+W

F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 S. 143 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 142, Sch. 6 para. 32(3), Sch. 7; S.I. 2004/874, art. 2

Revised penalties for certain sexual offences E+W

144 Revised penalties for buggery and indecency between men. E+W

F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 144 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 142, Sch. 6 para. 32(3), Sch. 7; S.I. 2004/874, art. 2

Homosexuality U.K.

F4 145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F4 S. 145 repealed and superseded (8.1.2001) by 2000 c. 44, s. 1(5); S.I. 2000/3303, art. 2(1); S.S.I. 2000/452, art. 2(a)

146 Extension of Sexual Offences Act 1967 to the armed forces and merchant navy. E+W+S

(1) Section 1(5) of the Sexual Offences Act 1967 (homosexual acts in the armed forces) is repealed.

(2) In section 80 of the M1 Criminal Justice (Scotland) Act 1980—

(a) subsection (5) (homosexual acts in the armed forces) shall cease to have effect;

(b) in subsection (7)—

(i) after paragraph (b) there shall be inserted the word “ or ”; and

(ii) paragraph (d) (homosexual acts on merchant ships) and the word “; or” immediately preceding that paragraph shall cease to have effect; and

(c) subsection (8) (interpretation) shall cease to have effect.

(3) Section 2 of the M2 Sexual Offences Act 1967 (homosexual acts on merchant ships) is repealed.

(4) Nothing contained in this section shall prevent a homosexual act (with or without other acts or circumstances) from constituting a ground for discharging a member of Her Majesty’s armed forces from the service or dismissing a member of the crew of a United Kingdom merchant ship from his ship or, in the case of a member of Her Majesty’s armed forces, where the act occurs in conjunction with other acts or circumstances, from constituting an offence under the M3 Army Act 1955, the M4 Air Force Act 1955 or the M5 Naval Discipline Act 1957.

Expressions used in this subsection and any enactment repealed by this section have the same meaning in this subsection as in that enactment.

Extent Information

E1 S. 146(1)(3) extends to England and Wales; s. 146(2) extends to Scotland only; s. 146(4) extends to England and Wales and Scotland see s. 172(7)(8)(13)

Marginal Citations

M1 1980 c. 62.

M2 1967 c. 60.

M3 1955 c. 18.

M4 1955 c. 19.

M5 1957 c. 53.

147 Homosexuality on merchant ships and in the armed forces: Northern Ireland. N.I.

(1) In the M6 Homosexual Offences (Northern Ireland) Order 1982, the following are revoked—

(a) in article 3(1) (homosexual acts in private), the words “and Article 5 (merchant seamen)”; and

(b) article 5 (homosexual acts on merchant ships).

(2) Article 3(4) of the Homosexual Offences (Northern Ireland) Order 1982 (homosexual acts in the armed forces) is revoked.

(3) Nothing in this section shall prevent a homosexual act (with or without other acts or circumstances) from constituting a ground for discharging a member of Her Majesty’s armed forces from the service or dismissing a member of the crew of a United Kingdom merchant ship from his ship or, in the case of a member of Her Majesty’s armed forces, where the act occurs in conjunction with other acts or circumstances, from constituting an offence under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957.

Expressions used in this subsection and any enactment repealed by this section have the same meaning in this subsection as in that enactment.

Marginal Citations

M6 S.I. 1982/1536 (N.I. 19).

148 Amendment of law relating to homosexual acts in Scotland. S

In section 80(6) of the M7 Criminal Justice (Scotland) Act 1980 (which defines “homosexual act” for the purpose of section 80), after “gross indecency” there is inserted “ or shameless indecency ”.

Marginal Citations

M7 1980 c. 62.