SCHEDULE 4Offences specified for the purposes of regulation 26
PART 1
Offences in England and Wales
1
Any of the following offences against an adult —
a
an offence of rape under section 1 of the Sexual Offences Act 2003,
b
an offence of assault by penetration under section 2 of that Act,
c
an offence of causing a person to engage in sexual activity without consent under section 4 of that Act, if the activity fell within subsection (4) of that section,
d
an offence of sexual activity with a person with a mental disorder impeding choice under section 30 of that Act, if the touching fell within subsection (3) of that section,
e
an offence of causing or inciting a person with mental disorder impeding choice to engage in sexual activity under section 31 of that Act, if the activity caused or incited fell within subsection (3) of that section,
f
an offence of inducement, threat or deception to procure sexual activity with a person with a mental disorder under section 34 of that Act, if the touching involved fell within subsection (2) of that section, and
g
an offence of causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception under section 35 of that Act, if the activity fell within subsection (2) of that section.
F11A
Any of the following offences—
a
an offence of virginity testing under section 136 of the Health and Care Act 2022,
b
an offence of offering to carry out virginity testing under section 137 of that Act,
c
an offence of aiding or abetting etc a person to carry out virginity testing under section 138 of that Act,
d
an offence of carrying out hymenoplasty under section 148 of that Act,
e
an offence of offering to carry out hymenoplasty under section 149 of that Act, and
f
an offence of aiding or abetting etc a person to carry out hymenoplasty under section 150 of that Act.
Offences in Scotland2
An offence under section 1 (rape) and 18 (rape of a young child) of the Sexual Offences (Scotland) Act 2009 M1.
3
An offence specified in Schedule 1 to the Criminal Procedure (Scotland) Act 1995 M2 except, in a case where the offender was under the age of 20 at the time the offence was committed.
4
An offence of plagium (theft of a child below the age of puberty).
5
An offence under section 52 or 52A of the Civic Government (Scotland) Act 1982 M3 (indecent photographs of children).
6
An offence under section 3 of the Sexual Offences (Amendment) Act 2000 M4 (abuse of trust).
F26A
Any of the following offences—
a
an offence of virginity testing under section 140 of the Health and Care Act 2022,
b
an offence of offering to carry out virginity testing under section 141 of that Act,
c
an offence of aiding or abetting etc a person to carry out virginity testing under section 142 of that Act,
d
an offence of carrying out hymenoplasty under section 152 of that Act,
e
an offence of offering to carry out hymenoplasty under section 153 of that Act, and
f
an offence of aiding or abetting etc a person to carry out hymenoplasty under section 154 of that Act.
Offences in Northern Ireland7
An offence under Article 5 (rape) and Article 12 (rape of a child under 13) of the Sexual Offences (Northern Ireland) Order 2008 M5.
8
An offence specified in Schedule 1 to the Children and Young Persons Act (Northern Ireland) 1968 M6, except in the case where the offender was under the age of 20 at the time the offence was committed.
9
An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 M7 (indecent photographs).
10
An offence contrary to Article 15 of the Criminal Justice (Evidence, etc) (Northern Ireland) Order 1988 M8 (possession of indecent photographs of children).
F310A
Any of the following offences—
a
an offence of virginity testing under section 144 of the Health and Care Act 2022,
b
an offence of offering to carry out virginity testing under section 145 of that Act,
c
an offence of aiding or abetting etc a person to carry out virginity testing under section 146 of that Act,
d
an offence of carrying out hymenoplasty under section 156 of that Act,
e
an offence of offering to carry out hymenoplasty under section 157 of that Act, and
f
an offence of aiding or abetting etc a person to carry out hymenoplasty under section 158 of that Act.