Sexual Offences Act 2003 (c. 42)

(The document as of February, 2008)

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144 An offence under Article 3(2) of that Order (destroying or damaging property) other than an offence of arson.

145 An offence under Article 17 of the Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2)) (possession of firearm with intent to endanger life).

146 An offence under Article 17A of that Order (possession of firearm with intent to cause fear of violence).

147 An offence under Article 18(1) of that Order (use of firearm to resist arrest).

148 An offence under Article 18(2) of that Order (possession of firearm at time of committing or being arrested for an offence specified in Schedule 1 to that Order).

149 An offence under Article 19 of that Order (carrying a firearm with criminal intent).

150 An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).

151 An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).

152 An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).

153 An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).

154 An offence under section 4 of that Act (offences in relation to certain dangerous articles).

155 An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).

156 An offence under Article 121 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4) (ill-treatment of patients).

157 An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).

158 An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).

159 An offence under section 9 of that Act (hijacking of ships).

160 An offence under section 10 of that Act (seizing or exercising control of fixed platforms).

161 An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).

162 An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).

163 An offence under section 13 of that Act (offences involving threats).

164 An offence under Article 9 of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by dangerous driving).

165 An offence under Article 14 of that Order (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs).

166 An offence under Article 6 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9) (putting people in fear of violence).

167 An offence under section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assaulting or obstructing a constable etc.).

168 An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

169 An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

170 An offence under section 47 of this Act, where the victim or (as the case may be) other party was 17 or over.

171 An offence under any of sections 48 to 53 or 57 to 59 of this Act.

Service offences

172 An offence under--

(a) section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),

(b) section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), or

of which the corresponding civil offence (within the meaning of that Act) is an offence under a provision listed in any of paragraphs 1 to 63.

General

173 A reference in a preceding paragraph to an offence includes--

(a) a reference to an attempt, conspiracy or incitement to commit that offence, and

(b) a reference to aiding, abetting, counselling or procuring the commission of that offence.

174 A reference in a preceding paragraph to a person's age is a reference to his age at the time of the offence.

Section 139

SCHEDULE 6 Minor and consequential amendments

Vagrancy Act 1824 (c. 83)

1 In section 4 of the Vagrancy Act 1824 (rogues and vagabonds) except so far as extending to Northern Ireland, omit the words from "every person wilfully" to "female".

2 In section 4 of the Vagrancy Act 1824 as it extends to Northern Ireland, omit the words from "wilfully, openly, lewdly" to "any female; or".

Town Police Clauses Act 1847 (c. 89)

3 In section 28 of the Town Police Clauses Act 1847 (penalty for committing certain acts), omit "Every person who wilfully and indecently exposes his person:".

Offences against the Persons Act 1861 (c. 100)

4 In the Offences against the Person Act 1861, omit sections 61 and 62.

Criminal Law Amendment Act 1885 (c. 69)

5 In the Criminal Law Amendment Act 1885, omit--

(a) in section 2, subsections (2) to (4), and

(b) section 11.

Vagrancy Act 1898 (c. 39)

6 The Vagrancy Act 1898 ceases to have effect.

Children and Young Persons Act 1933 (c. 12)

7 In Schedule 1 to the Children and Young Persons Act 1933 (offences to which special provisions of that Act apply), for the entry relating to offences under the Sexual Offences Act 1956 (c. 69) substitute--

" Any offence against a child or young person under any of sections 1 to 41, 47 to 53, 57 to 61, 66 and 67 of the Sexual Offences Act 2003, or any attempt to commit such an offence.

Any offence under section 62 or 63 of the Sexual Offences Act 2003 where the intended offence was an offence against a child or young person, or any attempt to commit such an offence. "

Visiting Forces Act 1952 (c. 67)

8 (1) Paragraph 1 of the Schedule to the Visiting Forces Act 1952 (offences referred to in section 3 of that Act) is amended as follows.

(2) Before sub-paragraph (a) insert--

" (za) rape and buggery (offences under the law of Northern Ireland); " .

(3) In sub-paragraph (a), omit "rape" and "buggery".

(4) In sub-paragraph (b), after paragraph (xii) insert--

" (xiii) Part 1 of the Sexual Offences Act 2003. "

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

9 In section 70(4) of the Army Act 1955 (person not to be charged with an offence committed in the United Kingdom where corresponding civil offence is within the subsection)--

(a) omit "or rape", and

(b) after "International Criminal Court Act 2001" insert "or an offence under section 1 of the Sexual Offences Act 2003 (rape)".

Air Force Act 1955 (3 & 4 Eliz. 2.c. 19)

10 In section 70(4) of the Air Force Act 1955 (person not to be charged with an offence committed in the United Kingdom where corresponding civil offence is within the subsection)--

(a) omit "or rape", and

(b) after "International Criminal Court Act 2001" insert "or an offence under section 1 of the Sexual Offences Act 2003 (rape)".

Sexual Offences Act 1956 (c. 37)

11 In the Sexual Offences Act 1956, omit--

(a) sections 1 to 7, 9 to 17, 19 to 32 and 41 to 47 (offences), and

(b) in Schedule 2 (prosecution, punishment etc.), paragraphs 1 to 32.

Naval Discipline Act 1957 (c. 53)

12 In section 48(2) of the Naval Discipline Act 1957 (courts-martial not to have jurisdiction as regards certain offences committed in the United Kingdom)--

(a) omit "or rape", and

(b) before "committed on shore" insert "or an offence under section 1 of the Sexual Offences Act 2003 (rape)".

Mental Health Act 1959 (c. 72)

13 In the Mental Health Act 1959, omit sections 127 (amendment of Sexual Offences Act 1956) and 128 (sexual intercourse with patients).

Indecency with Children Act 1960 (c. 33)

14 The Indecency with Children Act 1960 ceases to have effect.

Sexual Offences Act 1967 (c. 60)

15 In the Sexual Offences Act 1967, omit the following--

(a) section 1 (amendment of law relating to homosexual acts in private),

(b) section 4 (procuring others to commit homosexual acts),

(d) section 7 (time limit on prosecutions),

(e) section 8 (restriction on prosecutions), and

(f) section 10 (past offences).

Firearms Act 1968 (c. 27)

16 In Schedule 1 to the Firearms Act 1968 (offences to which section 17(2) of that Act applies), for paragraph 6 substitute--

" 6. Offences under any of the following provisions of the Sexual Offences Act 2003--

(a) section 1 (rape);

(b) section 2 (assault by penetration);

(c) section 4 (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;

(d) section 5 (rape of a child under 13);

(e) section 6 (assault of a child under 13 by penetration);

(f) section 8 (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;

(g) section 30 (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;

(h) section 31 (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. "

Theft Act 1968 (c. 60)

17 In section 9 of the Theft Act 1968 (burglary), in subsection (2) omit "or raping any person".

Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))

18 (1) The Children and Young Persons Act (Northern Ireland) 1968 is amended as follows.

(2) In section 21 (causing or encouraging seduction or prostitution of girl under 17), omit--

(a) in subsection (1), "or the prostitution of,", and

(b) in subsection (2), "or the prostitution of," and "or who has become a prostitute,".

(3) In Schedule 1 (offences against children and young persons to which special provisions of that Act apply), at the end insert--

" Any offence against a child or young person under any of sections 15 to 19, 47 to 59, 66 and 67 of the Sexual Offences Act 2003 or any attempt to commit such an offence. "

Rehabilitation of Offenders Act 1974 (c. 53)

19 In section 7 of the Rehabilitation of Offenders Act 1974 (limitations on rehabilitation under that Act), in subsection (2), for paragraph (bb) substitute--

" (bb) in any proceedings under Part 2 of the Sexual Offences Act 2003, or on appeal from any such proceedings; " .

Sexual Offences (Amendment) Act 1976 (c. 82)

20 (1) The Sexual Offences (Amendment) Act 1976 is amended as follows.

(2) In section 1 (meaning of "rape"), omit subsection (2).

(3) In section 7 (citation, interpretation etc.)--

(a) for subsection (2) substitute--

" (2) In this Act--

(a) "a rape offence" means any of the following--

(i) an offence under section 1 of the Sexual Offences Act 2003 (rape);

(ii) an offence under section 2 of that Act (assault by penetration);

(iii) an offence under section 4 of that 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;

(iv) an offence under section 5 of that Act (rape of a child under 13);

(v) an offence under section 6 of that Act (assault of a child under 13 by penetration);

(vi) an offence under section 8 of that 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;

(vii) an offence under section 30 of that 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;

(viii) an offence under section 31 of that 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;

(ix) an attempt, conspiracy or incitement to commit an offence within any of paragraphs (i) to (vii);

(x) aiding, abetting, counselling or procuring the commission of such an offence or an attempt to commit such an offence.

(b) the use in any provision of the word "man" without the addition of the word "boy" does not prevent the provision applying to any person to whom it would have applied if both words had been used, and similarly with the words "woman" and "girl". " ;

(b) omit subsection (3).

Criminal Law Act 1977 (c. 45)

21 In the Criminal Law Act 1977, omit section 54 (inciting girl under 16 to have incestuous sexual intercourse).

Internationally Protected Persons Act 1978 (c. 17)

22 In section 1 of the Internationally Protected Persons Act 1978 (attacks and threats of attacks on protected persons)--

(a) in subsection (1)(a)--

(i) omit "rape,";

(ii) after "Explosive Substances Act 1883" insert "or an offence listed in subsection (1A)";

(b) after subsection (1) insert--

" (1A) The offences mentioned in subsection (1)(a) are--

(a) in Scotland or Northern Ireland, rape;

(b) an offence under section 1 or 2 of the Sexual Offences Act 2003;

(c) an offence under section 4 of that Act, where the activity caused involved penetration within subsection (4)(a) to (d) of that section;

(d) an offence under section 5 or 6 of that Act;

(e) an offence under section 8 of that Act, where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;

(f) an offence under section 30 of that Act, where the touching involved penetration within subsection (3)(a) to (d) of that section;

(g) an offence under section 31 of that Act, where an activity involving penetration within subsection (3)(a) to (d) of that section was caused. "

Suppression of Terrorism Act 1978 (c. 26)

23 (1) Schedule 1 to the Suppression of Terrorism Act 1978 (offences for the purposes of that Act) is amended as follows.

(2) In paragraph 3, after "Rape" insert "under the law of Scotland or Northern Ireland".

(3) For paragraph 9 substitute--

" 9. An offence under any of the following provisions of the Sexual Offences Act 2003--

(a) sections 1 or 2 (rape, assault by penetration);

(b) section 4 (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;

(d) section 8 (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;

(e) section 30 (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;

(f) section 31 (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. " .

Protection of Children Act 1978 (c. 37)

24 In section 1(1) of the Protection of Children Act 1978 (indecent photographs of children), at the beginning insert "Subject to sections 1A and 1B,".

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

25 In Article 8 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (limitations on rehabilitation under that Order), in paragraph (2), for sub-paragraph (bb) substitute--

" (bb) in any proceedings under Part 2 of the Sexual Offences Act 2003, or on appeal from any such proceedings; " .

Magistrates' Courts Act 1980 (c. 43)

26 (1) The Magistrates' Courts Act 1980 is amended as follows.

(2) In section 103 (evidence of persons under 14 in committal proceedings), in subsection (2)(c), after "the Protection of Children Act 1978" insert "or Part 1 of the Sexual Offences Act 2003".

(3) In Schedule 7 (consequential amendments), omit paragraph 18.

Criminal Justice Act 1982 (c. 48)

27 In the Criminal Justice Act 1982, in Part 2 of Schedule 1 (offences excluded from early release provisions), after the entry relating to the Proceeds of Crime Act 2002 (c. 29) insert--

" SEXUAL OFFENCES ACT 2003

Sections 1 and 2 (rape, assault by penetration).

Section 4 (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.

Sections 5 and 6 (rape of a child under 13, assault of a child under 13 by penetration).

Section 8 (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.

Section 30 (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.

Section 31 (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. "

Police and Criminal Evidence Act 1984 (c. 60)

28 (1) The Police and Criminal Evidence Act 1984 is amended as follows.

(2) In section 80(7) (sexual offences for purposes of compellability of spouse), after "the Protection of Children Act 1978" insert "or Part 1 of the Sexual Offences Act 2003".

(3) In Schedule 1A (specific arrestable offences), after paragraph 26 insert--

" Sexual Offences Act 2003

27. An offence under--

(a) section 66 of the Sexual Offences Act 2003 (exposure);

(b) section 67 of that Act (voyeurism);

(d) section 70 of that Act (sexual penetration of a corpse); or

(e) section 71 of that Act (sexual activity in public lavatory). "

(4) In Part 2 of Schedule 5 (serious arrestable offences), after the entry relating to the Obscene Publications Act 1959 (c. 66) insert--

" Sexual Offences Act 2003

18. Section 1 (rape).

19. Section 2 (assault by penetration).

20. Section 4 (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.

21. Section 5 (rape of a child under 13).

22. Section 6 (assault of a child under 13 by penetration).

23. Section 8 (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.

24. Section 30 (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.

25. Section 31 (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. "

Criminal Justice Act 1988 (c. 33)

29 (1) The Criminal Justice Act 1988 is amended as follows.

(2) In section 32 (evidence through television links), in subsection (2)(c), after "the Protection of Children Act 1978" insert "or Part 1 of the Sexual Offences Act 2003".

(3) In section 160(1) (possession of indecent photograph of child), at the beginning insert "Subject to subsection (1A),".

Criminal Justice Act 1991 (c. 53)

30 In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), in subsection (2)(da), for "Part I of the Sex Offenders Act 1997" substitute "Part 2 of the Sexual Offences Act 2003".

Sexual Offences (Amendment) Act 1992 (c. 34)

31 (1) Section 2 of the Sexual Offences (Amendment) Act 1992 (offences to which that Act applies) is amended as follows.

(2) In subsection (1) (England and Wales)--

(a) after paragraph (d) insert--

" (da) any offence under any of the provisions of Part 1 of the Sexual Offences Act 2003 except section 64, 65, 69 or 71; " ;

(b) in paragraph (e) for "(d)" substitute "(da)".

(3) In subsection (3) (Northern Ireland)--

(a) after paragraph (hh) insert--

" (ha) any offence under any of sections 15 to 21, 47 to 53, 57 to 59, 66, 67, 70 and 72 of the Sexual Offences Act 2003. " ;

(b) in paragraph (i) for "(hh)" substitute "(ha)".

Criminal Justice and Public Order Act 1994 (c. 33)

32 (1) The Criminal Justice and Public Order Act 1994 is amended as follows.

(2) In section 25 (no bail if previous conviction for certain offences), for subsection (2)(d) and (e) substitute--

" (d) rape under the law of Scotland or Northern Ireland;

(e) an offence under section 1 of the Sexual Offences Act 1956 (rape);

(f) an offence under section 1 of the Sexual Offences Act 2003 (rape);

(g) an offence under section 2 of that Act (assault by penetration);

(h) an offence under section 4 of that 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;

(i) an offence under section 5 of that Act (rape of a child under 13);

(j) an offence under section 6 of that Act (assault of a child under 13 by penetration);

(k) an offence under section 8 of that 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;

(l) an offence under section 30 of that 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;

(m) an offence under section 31 of that 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;

(n) an attempt to commit an offence within any of paragraphs (d) to (m). "

(3) Omit sections 142 to 144.

(4) In Schedule 10 (consequential amendments) omit paragraphs 26 and 35(2) and (4).

Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

33 In section 5(6) of the Criminal Law (Consolidation) (Scotland) Act 1995 (which relates to construing the expression "a like offence"), after paragraph (c) insert " or

(cc) any of sections 9 to 14 of the Sexual Offences Act 2003; " .

Criminal Injuries Compensation Act 1995 (c. 53)

34 In section 11 of the Criminal Injuries Compensation Act 1995 (approval by parliament of certain alterations to the Tariff or provisions of the Scheme)--

(a) in subsection (3)(d), after "rape" insert "or an offence under section 30 of the Sexual Offences Act 2003";

(b) after subsection (8) insert--

" (9) In subsection (3) "rape", in relation to anything done in England and Wales, means an offence under section 1 or 5 of the Sexual Offences Act 2003. "

Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)

35 In the Schedule to the Sexual Offences (Conspiracy and Incitement) Act 1996 (sexual offences for the purposes of that Act), in paragraph 1--

(a) for sub-paragraph (1)(b) substitute--

" (b) an offence under any of sections 1 to 12, 14 and 15 to 26 of the Sexual Offences Act 2003. " ;

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