Sexual Offences (Amendment) Act 2000

2 Defences available to persons who are under age

(1) In section 12 of the [1956 c. 69.] Sexual Offences Act 1956—

(a) in subsection (1), after the words “subsection (1A)” there shall be inserted the words “or (1AA)”;

(b) in subsection (1A), after the word “circumstances” there shall be inserted the word “first”; and

(c) after that subsection there shall be inserted the following subsection—

“(1AA) The other circumstances so referred to are that the person is under the age of sixteen and the other person has attained that age.”

(2) In section 13 of that Act (indecency between men)—

(a) after the words “another man”, in the first place where they occur, there shall be inserted the words “otherwise than in the circumstances described below”; and

(b) at the end there shall be inserted the following paragraph—

“The circumstances referred to above are that the man is under the age of sixteen and the other man has attained that age.”

(3) In subsection (1) of section 1 of the [1967 c. 60.] Sexual Offences Act 1967—

(a) the words from “a homosexual act” to the end shall become paragraph (a); and

(b) after that paragraph there shall be inserted the words “and

(b) a homosexual act by any person shall not be an offence if he is under the age of sixteen years and the other party has attained that age.”

(4) In section 13 of the [1995 c. 39.] Criminal Law (Consolidation) (Scotland) Act 1995, after subsection (8) there shall be inserted the following subsection—

“(8A) A person under the age of sixteen years does not commit an offence under subsection (5)(a) or (c) above if he commits or is party to the commission of a homosexual act with a person who has attained that age.”

(5) In paragraph (1) of Article 3 of the [S.I. 1982/1536 (N.I. 19).] Homosexual Offences (Northern Ireland) Order 1982—

(a) the words from “a homosexual act” to the end shall become sub-paragraph (a); and

(b) after that sub-paragraph there shall be inserted the words “and

(b) a homosexual act by any person shall not be an offence if he is under the age of seventeen years and the other party has attained that age.”