43(1)The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.E+W
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
Textual Amendments
F1Sch. 6 para. 43(2) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2