Section 35.
1E+WUpon the conviction of the tenant or occupier (in this Schedule referred to as “the tenant”), the lessor or landlord may require the tenant to assign the lease or other contract under which the premises are held by him to some person approved by the lessor or landlord.
2E+WIf the tenant fails to do so within three months, the lessor or landlord may determine the lease or contract (but without prejudice to the rights or remedies of any party thereto accrued before the date of the determination).
3E+WWhere the lease or contract is determined under this Schedule, the court by which the tenant was convicted may make a summary order for delivery of possession of the premises to the lessor or landlord.
4E+WThe approval of the lessor or landlord for the purposes of paragraph 1 of this Schedule shall not be unreasonably withheld.
5E+WThis Schedule shall have effect subject to the Rent and Mortgage Interest Restrictions Acts 1920 to 1939, the M1Furnished Houses (Rent Control) Act 1946, Part II of the M2Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951, and Part I of the M3Landlord and Tenant Act 1954 [F1Part I of the Housing Act 1988 and Schedule 10 to the Local Government and Housing Act 1989].
Textual Amendments
F1Words added by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194, Sch. 11 para. 5
Marginal Citations
Section 37.
Offence | Mode of Prosecution | Punishment | Provisions as to alternative verdicts etc. |
---|---|---|---|
1. (a) Rape (section one) | On indictment, F2 . . . | Life | The jury may find the accused guilty— (i) of procurement of a woman by threats (section two); or (ii) of procurement of a woman by false pretences (section three); or (iii) of administering drugs to obtain or facilitate intercourse (section four); (iv)—(ix) F3 . . . |
(b)An attempt to commit this offence. | On indictment | [F4L ife] | |
2. (a) Intercourse with girl under thirteen (section five). | On indictment, F2 . . . | Life | F5 . . . |
(b)An attempt to commit this offence | On indictment, F2 . . . | [F6Seven years] | |
3.(a) Buggery (section twelve). | On indictment, F2 . . . | [F7If with a person under the age of sixteen or with an animal, life; if the accused is of or over the age of twenty-one and the other person is under the age of eighteen, five years, but otherwise two years.] | |
(b) An attempt to commit this offence. | On indictment | [F7If with a person under the age of sixteen or with an animal, life; if the accused is of or over the age of twenty-one and the other person is under the age of eighteen, five years, but otherwise two years.] | |
4.Abduction of woman by force or for the sake of her property (section seventeen). | On indictment, F2 . . . | Fourteen years | |
5. F8 . . . | |||
6.Permitting girl under thirteen to use premises for intercourse (section twenty-five). | On indictment, F2 . . . | Life |
Textual Amendments
F2Words repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV
F3Word "or" and paras (iv)-(ix) repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III
F4Word substituted by Sexual Offences Act 1985 (c. 44, SIF 39:5), s. 3(2)
F5Words in Sch. 2 Pt. I para. 2 repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III
F6Words substituted by Indecency with Children Act 1960 (c. 33), s. 2(3)
F7Entries in Sch. 2 Pt. I para. 3 substituted (3.11.1994) by 1994 c. 33, ss. 144(2)(a)(b), 172(4)
Offence | Mode of Prosecution | Punishment | Provisions as to alternative verdicts etc. |
---|---|---|---|
7.(a) Procurement of woman by threats (section two). | On indictment, F9 . . . | Two years | |
(b) An attempt to commit this offence. | On indictment, F9 . . . | Two years | |
8.Procurement of woman by false pretences (section three). | On indictment, F9 . . . | Two years | |
9.Administering drugs to obtain or facilitate intercourse (section four). | On indictment, F9 . . . | Two years | |
10.(a) Intercourse with girl [F10under 16] (section six). | On indictment, F9 . . . ; a prosecution may not be commenced more than twelve months after the offence charged. | Two years | |
(b) An attempt to commit this offence. | On indictment, F9 . . . ; a prosecution may not be commenced more than twelve months after the offence charged. | Two years | |
11.(a)Intercourse with [F11defective] (section seven). | On indictment, F9 . . . | Two years | |
(b)An attempt to commit this offence. | On indictment, F9 . . . | Two years | |
12. F12 . . . | |||
13.(a)Procurement of defective (section nine). | On indictment, F9 . . . | Two years | |
(b)An attempt to commit this offence. | On indictment, F9 . . . | Two years | |
14.(a) Incest by a man (section ten). | On indictment, F9 . . . ; a prosecution may not be commenced [F13except by or with the consent] of the Director of Public Prosecutions F14 . . . | If with a girl under thirteen, and so charged in the indictment, life; otherwise seven years. | The jury may find the accused guilty— (i)of intercourse with a girl under thirteen (section five); or (ii)of intercourse with a girl between thirteen and sixteen (section six); (iii) F15 . . . |
(b)An attempt to commit this offence. | On indictment, F9 . . . ; a prosecution may not be commenced [F13except by or with the consent] of the Director of Public Prosecutions F14 . . . | [F16If with a girl under thirteen who is stated to have been so in the indictment, seven years; otherwise two years.] | |
15.(a) Incest by a woman (section eleven) | On indictment, F9 . . . ; a prosecution may not be commenced [F13except by or with the consent] of the Director of Public Prosecutions F14 . . . | Seven years | |
(b)An attempt to commit this offence. | On indictment, F9 . . . ; a prosecution may not be commenced [except by or with the consent] of the Director of Public Prosecutions | Two years | |
16. (a) Indecency between men (section thirteen). | On indictment F9 . . . ; | [F17If by a man of or over the age of twenty-one with a man under the age of eighteen, five years; otherwise two years.] | |
(b)An attempt to procure the commission by a man of an act of gross indecency with another man. | On indictment, F9 . . . | [F17If the attempt is by a man of or over the age of twenty-one to procure a man under the age of eighteen to commit an act of gross indecency with another man, five years; otherwise two years.] | |
17. Indecent assault on a woman (section fourteen). | (i)On indictment |
[F20Ten years] | |
18. Indecent assault on a man (section fifteen). | (i) On indictment | Ten years | |
19.Assault with intent to commit buggery (section sixteen). | On indictment | Ten years | |
20.Abduction of girl under eighteen from parent or guardian (section nineteen). | On indictment, F9 . . . | Two years | |
21.Abduction of girl under sixteen from parent or guardian (section twenty). | On indictment, F9 . . . | Two years | |
22.Abduction of defective from parent or guardian (section twenty-one). | On indictment, F9 . . . | Two years | |
23. (a) Causing prostitution of a woman (section twenty-two) | On indictment, F9 . . . | Two years | |
(b)An attempt to commit this offence | On indictment, F9 . . . | Two years | |
24. (a)Procuration of girl under twenty-one (section twenty-three). | On indictment, F9 . . . | Two years | |
(b)An attempt to commit this offence. | Two years | ||
25.Detention of woman in brothel (section twenty-four). | On indictment, F9 . . . | Two years | |
26.Permitting girl [F10 under 16] to use premises for intercourse (section twenty-six). | On indictment, F9 . . . | Two years | F23 . . . |
27.Permitting defective to use premises for intercourse (section twenty-seven). | On indictment, F9 . . . | Two years | |
28.Causing or encouraging prostitution, etc., of girl under sixteen (section twenty-eight). | On indictment | Two years | |
29.Causing or encouraging prostitution of defective (section twenty-nine). | On indictment, F9 . . . | Two years | |
30.Living on earnings of prostitution (section thirty). | (i) On indictment (ii) Summarily | [F24Seven years] Six months | F25 . . . |
31. Controlling a prostitute (section thirty-one). | (i)On indictment (ii) Summarily | [F24Seven years] Six months | F25 . . . |
32. Solicitation by a man (section thirty-two). | (i) On indictment (ii) Summarily | Two years Six months | F25 . . . |
33. Keeping a brothel (section thirty-three). | Summarily F25 . . . | For an offence committed after a previous conviction, six months, or two hundred and fifty pounds, or both; otherwise, three months, or one hundred pounds, or both. | A conviction of an offence punishable under section thirty-four, thirty-five or thirty-six of this Act, or under section thirteen of the Criminal Law Amendment Act 1885 (the section replaced for England and Wales by sections thirty-three to thirty-six of this Act), shall be taken into account as a previous conviction in the same way as a conviction of an offence punishable under section thirty-three of this Act. |
34. Letting premises for use as brothel (section thirty-four). | Summarily F25 . . . | For an offence committed after a previous conviction, six months, or two hundred and fifty pounds, or both; otherwise, three months, or one hundred pounds, or both. | A conviction of an offence punishable under section thirty-three, thirty-five or thirty-six of this Act, or under section thirteen of the Criminal Law Amendment Act 1885 (the section replaced for England and Wales by sections thirty-three to thirty-six of this Act), shall be taken into account as a previous conviction in the same way as a conviction of an offence punishable under section thirty-four of this Act. |
35. Tenant permitting premises to be used as brothel (section thirty-five). | Summarily F25 . . . | For an offence committed after a previous conviction, six months, or two hundred and fifty pounds, or both; otherwise, three months, or one hunderd pounds, or both. | A conviction of an offence punishable under section thirty-three, thirty-four or thirty-six of this Act, or under section thirteen of the Criminal Law Amendment Act 1885 (the section replaced for England and Wales by sections thirty-three to thirty-six of this Act), shall be taken into account as a previous conviction in the same way as a conviction of an offence punishable under section thirty-five of this Act. |
36. Tenant permitting premises to be used for prostitution (section thirty-six). | Summarily F25 . . . | For an offence committed after a previous conviction, six months, or two hundred and fifty pounds, or both; otherwise, three months, or one hundred pounds, or both. | A conviction of an offence punishable under section thirty-three, thirty-four or thirty-five of this Act, or under section thirteen of the Criminal Law Amendment Act 1885 (the section replaced for England and Wales by sections thirty-three to thirty-six of this Act), shall be taken into account as a previous conviction in the same way as a conviction of an offence punishable under section thirty-six of this Act. |
Textual Amendments
F9Words repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV
F10Words substituted by Criminal Law Act 1967 (c. 58), Sch. 2 para. 14
F11Words substituted by Mental Health Act 1959 (c. 72), Sch. 7 Pt. I
F13Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12
F14Words repealed by Criminal Jurisdiction Act 1975 (c. 59), Sch. 6 Pt. I
F15Word "or" and para. (iii) repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III
F16Words substituted by Indecency with Children Act 1960 (c. 33), s. 2(3)
F17Entries in Sch. 2 Pt. II para. 16(a)(b) substituted (3.11.1994) by 1994 c. 33, ss. 144(3)(a)(b), 172(4)
F18Words in sub para. (ii) substituted by Criminal Law Act 1977 (c. 45), Sch. 12
F19Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 18(a)
F20Words substituted by Sexual Offences Act 1985 (c. 44, SIF 39:5), s. 3(3)
F21Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12
F22Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 18(b)
F23Words in Sch. 2 Pt. II para. 26 repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III
F24Words substituted by Street Offences Act 1959 (c. 57), s. 4
F25Words repealed by Criminal Law Act 1977 (c. 45), Sch. 13
Modifications etc. (not altering text)
C1Sch. 2 Pt. II para. 10 amended (4.7.1996) by 1996 c. 25, s.56 (with s. 78(1))
C2Sch. 2 Pt. II paras 33-36: Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)
Section 48.
Modifications etc. (not altering text)
C3The text of Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Enactment and Subject matter | Amendment |
---|---|
. . . F26 | . . . F26 |
The Children and Young Persons Act, 1933. | |
. . . F27 | . . . F27 |
Subsection (2) of section ninety-nine (Presumption as to the truth of allegations about a person’s age in a charge or indictment). | for the words “except an offence under the Criminal Law Amendment Act, 1885” there shall be substituted the words “except as provided in that Schedule”. |
First Schedule (Offences to which special provisions of the Act apply). | Immediately before the last entry there shall be inserted the following entry:— “Any offence against a child or young person under any of the following sections of the Sexual Offences Act, 1956, that is to say sections two to seven, ten to sixteen, nineteen, twenty, twenty-two to twenty-six and twenty-eight, and any attempt to commit against a child or young person an offence under section two, five, six, seven, ten, eleven, twelve, twenty-two or twenty-three of that Act: Provided that for the purposes of subsection (2) of section ninety-nine of this Act this entry shall apply so far only as it relates to offences under sections ten, eleven, twelve, fourteen, fifteen, sixteen, twenty and twenty-eight of the Sexual Offences Act, 1956 and attempts to commit offences under sections ten, eleven and twelve of that Act.” |
The Magistrates’ Courts Act, 1952. | For the words “under section one of the Vagrancy Act, 1898” there shall be substituted the words “under section thirty, thirty-one or thirty-two of the Sexual Offences Act, 1956”. |
The Visiting Forces Act, 1952. | |
Paragraph 1 of the Schedule (Offences not triable by United kingdom courts in the cases provided for by section three of the Act). | At the end of sub-paragraph (b) there shall be added as a new paragraph (viii):— “(viii) sections two to twenty-eight of the Sexual Offences Act 1956.” |
. . . F28 |
Textual Amendments
F26Sch. 3 entry relating to Extradition Act 1873 repealed by Extradition Act 1989 (c. 33, SIF 48), s. 37, Sch. 2
F27Sch. 3 entry relating to s. 15 of the Children and Young Persons Act 1933 repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(2), Sch. 7 Pt. V and expressed to be repealed (5.11.1993) by Statute Law (Repeals) Act 1993 c. 50, s. 1(1), Sch. 1 Pt. I Gp.1
F28Residue of Sch. 3 repealed by Children and Young Persons Act 1963 (c. 37), Sch. 5, Criminal Law Act 1967 (c. 58), Sch. 3 Pt. II and Firearms Act 1968 (c. 27), Sch. 7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F29Sch. 4 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI