Sexual Offences Act 2003 (c. 42)

(The document as of February, 2008)

-- Back --

Page 12

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12

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

(b) in sub-paragraph (2), for "In sub-paragraph (1)(a), sub-paragraphs (i), (iv), (v) and (vi) do" substitute "Sub-paragraph (1)(b) does".

Sexual Offences (Protected Material) Act 1997 (c. 39)

36 In the Schedule to the Sexual Offences (Protected Material) Act 1997 (sexual offences for the purposes of that Act)--

(a) after paragraph 5 insert--

" 5A. Any offence under any provision of Part 1 of the Sexual Offences Act 2003 except section 64, 65, 69 or 71. " ;

(b) in paragraph 6, for "1 to 5" substitute "5 and 5A".

Sex Offenders Act 1997 (c. 51)

37 The Sex Offenders Act 1997 ceases to have effect.

Crime and Disorder Act 1998 (c. 37)

38 (1) The Crime and Disorder Act 1998 is amended as follows.

(2) Omit sections 2, 2A, 2B and 3 (sex offender orders and interim orders).

(3) In section 4 (appeals against orders)--

(a) in subsection (1), omit "a sex offender order or an order under section 2A above", and

(b) in subsection (3), omit "or 2(6) above".

(4) Omit section 20.

(5) In section 21 (procedural provisions with respect to orders)--

(a) omit subsection (2);

(b) in subsection (4)--

(i) omit "or (2)"; and

(ii) for "either of those subsections" substitute "that subsection";

(d) in subsection (6), omit "and sex offender orders" and "or 20(4)(a)";

(e) in subsection (7)(b)(i), omit "or, as the case may be, chief constable";

(f) omit subsections (7A) and (7B); and

(g) in subsection (10), omit "or 20".

(6) Omit section 21A.

(7) In section 22 (offences in connection with breach of orders), omit subsections (6) and (7).

(8) In Schedule 8 (minor and consequential amendments), omit paragraph 144.

Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))

39 In paragraph 1 of Schedule 1 to the Criminal Justice (Children) (Northern Ireland) Order 1998--

(a) omit sub-paragraphs (c), (e) and (j);

(b) after sub-paragraph (l) insert--

" (m) Section 69 of the Sexual Offences Act 2003. "

Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20))

40 In the Criminal Justice (Northern Ireland) Order 1998, omit Articles 6, 6A, 6B and 7.

Youth Justice and Criminal Evidence Act 1999 (c. 23)

41 (1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2) In section 35 (cross examination of child witnesses), in subsection (3)(a), after sub-paragraph (v) insert " or

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

(3) In section 62 (meaning of "sexual offence" etc.), for subsection (1) substitute--

" (1) In this Part "sexual offence" means any offence under Part 1 of the Sexual Offences Act 2003. "

Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8))

42 (1) The Criminal Evidence (Northern Ireland) Order 1999 is amended as follows.

(2) In Article 3(1) (meaning of "sexual offence"), after sub-paragraph (gg) insert--

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

(3) In Article 23 (protection of child complainants and other child witnesses)--

(a) in paragraph (3), after sub-paragraph (c) insert--

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

(b) in paragraph (4)(a), after "(3)(a)" insert "or (cc)".

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

43 (1) The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

(2) In section 91 (power to detain offenders under 18 convicted of certain offences), for subsection (1)(b) and (c) substitute--

" (b) an offence under section 3 of the Sexual Offences Act 2003 (in this section, "the 2003 Act") (sexual assault); or

(d) an offence under section 25 of the 2003 Act (sexual activity with a child family member); or

(e) an offence under section 26 of the 2003 Act (inciting a child family member to engage in sexual activity). "

(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.

Criminal Justice and Courts Services Act 2000 (c. 43)

44 (1) The Criminal Justice and Courts Services Act 2000 is amended as follows.

(2) Omit sections 39 and 66.

(3) In section 68 (sexual and violent offenders for the purposes of risk assessment etc.), in subsection (2), for "Part I of the Sex Offenders Act 1997" substitute "Part 2 of the Sexual Offences Act 2003".

(4) In section 69 (duties of local probation boards in connection with victims of certain offences), in subsection (8)(b), for "Part I of the Sex Offenders Act 1997" substitute "Part 2 of the Sexual Offences Act 2003".

(5) In Schedule 4 (offences against children for the purposes of disqualification orders)--

(a) in paragraph 1, for sub-paragraph (m) substitute--

" (m) an offence under any of sections 5 to 26 and 47 to 50 of the Sexual Offences Act 2003 (offences against children). " ;

(b) in paragraph 2, for sub-paragraph (n) substitute--

" (n) an offence under any of sections 1 to 4, 30 to 41, 52, 53, 57 to 61, 66 and 67 of the Sexual Offences Act 2003. " ;

" (sa) he commits an offence under section 62 or 63 of the Sexual Offences Act 2003 (committing an offence or trespassing with intent to commit a sexual offence) in a case where the intended offence was an offence against a child. "

(6) Omit Schedule 5.

Sexual Offences (Amendment) Act 2000 (c. 44)

45 (1) The Sexual Offences (Amendment) Act 2000 is amended as follows.

(2) In section 1 (reduction in age at which certain sexual acts are lawful), omit subsections (1) and (2).

(3) In section 2 (defences available to persons under age), omit subsections (1) to (3).

(4) Omit sections 3 and 4 (abuse of position of trust) except so far as extending to Scotland.

(5) Omit section 5 (notification requirements for offenders under section 3).

(6) In section 6 (meaning of "sexual offence" for the purposes of certain enactments), omit subsection (1).

Proceeds of Crime Act 2002 (c. 29)

46 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In paragraph 4 of Schedule 2 (lifestyle offences: England and Wales), for sub-paragraph (2) substitute--

" (2) An offence under any of sections 57 to 59 of the Sexual Offences Act 2003 (trafficking for sexual exploitation). "

(3) For paragraph 8 of that Schedule substitute--

" Prostitution and child sex

8 (1) An offence under section 33 or 34 of the Sexual Offences Act 1956 (keeping or letting premises for use as a brothel).

(2) An offence under any of the following provisions of the Sexual Offences Act 2003--

(a) section 14 (arranging or facilitating commission of a child sex offence);

(b) section 48 (causing or inciting child prostitution or pornography);

(d) section 50 (arranging or facilitating child prostitution or pornography);

(e) section 52 (causing or inciting prostitution for gain);

(f) section 53 (controlling prostitution for gain). "

(4) In paragraph 4 of Schedule 5 (lifestyle offences: Northern Ireland), for sub-paragraph (2) substitute--

" (2) An offence under any of sections 57 to 59 of the Sexual Offences Act 2003 (trafficking for sexual exploitation). "

(5) In paragraph 8 of that Schedule--

(a) after sub-paragraph (1) insert--

" (1A) An offence under any of the following provisions of the Sexual Offences Act 2003--

(a) section 48 (causing or inciting child prostitution or pornography);

(b) section 49 (controlling a child prostitute or a child involved in pornography);

(d) section 52 (causing or inciting prostitution for gain);

(e) section 53 (controlling prostitution for gain). " ;

(b) omit sub-paragraphs (2) to (5).

Adoption and Children Act 2002 (c. 38)

47 In section 74 of the Adoption and Children Act 2002 (status conferred by adoption not to apply for the purposes of certain enactments), in subsection (1) for paragraphs (b) and (c) substitute " or

(b) sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative). "

Nationality, Asylum and Immigration Act 2002 (c. 41)

48 In the Nationality, Asylum and Immigration Act 2002, omit sections 145 and 146 (traffic in prostitution).

Criminal Justice (Scotland) Act 2003 (asp 7)

49 In section 21(9) of the Criminal Justice (Scotland) Act 2003 (power of adjournment where person convicted of sexual offence or offence disclosing significant sexual aspects to behaviour in committing it), for the words from "--(a) "three weeks"" to "each case" substitute ""four weeks" there were".

Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003(S.I. 2003/417 (N.I. 4))

50 In paragraph 1 of Schedule 1 to the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003, after sub-paragraph (n) insert--

" (o) any offence under any of sections 15 to 21 and 47 to 50 of the Sexual Offences Act 2003. " .

Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))

51 In Schedule 2 to the Access to Justice (Northern Ireland) Order 2003, in paragraph 2(d)--

(a) omit sub-paragraph (x),

(b) omit "or" at the end of sub-paragraph (xi),

(xiii) under section 89, 90, 97, 100, 104, 108, 109, 114, 118, 123, 125 or 126 of the Sexual Offences Act 2003, " .

Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13))

52 In the Criminal Justice (Northern Ireland) Order 2003, omit--

(a) in Article 19(4), sub-paragraph (a) and

(b) in Schedule 1, paragraphs 1, 2, 20 and 21.

Section 140

SCHEDULE 7 Repeals and revocations

Reference	Extent of repeal or revocation
Vagrancy Act 1824 (c. 83)	In section 4 except so far as extending to Northern Ireland, the words from "every person wilfully" to "female". In section 4 as it extends to Northern Ireland, the words from "wilfully, openly, lewdly" to "any female; or".
Town Police Clauses Act 1847 (c. 89)	In section 28 the words "every person who wilfully and indecently exposes his person:".
Offences Against the Person Act 1861 (c. 100)	Sections 61 and 62.
Criminal Law Amendment Act 1885 (c. 69)	Section 2(2) to (4). Section 11.
Vagrancy Act 1898 (c. 39)	The whole Act.
Criminal Law Amendment Act 1912 (c. 20)	Section 7.
Visiting Forces Act 1952 (c. 67)	In the Schedule, in paragraph 1(a) the words "rape, buggery"; paragraph 1(b)(viii).
Army Act 1955 (3 & 4 Eliz. 2 c. 18)	In section 70(4), the words "or rape".
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)	In section 70(4), the words "or rape".
Sexual Offences Act 1956 (c. 69)	Sections 1 to 7. Sections 9 to 17. Sections 19 to 32. Sections 41 to 47. In Schedule 2, paragraphs 1 to 32.
Naval Discipline Act 1957 (c. 53)	In section 48(2), the words "or rape".
Mental Health Act 1959 (c. 72)	Sections 127 and 128.
Indecency with Children Act 1960 (c. 33)	The whole Act.
Sexual Offences Act 1967 (c. 60)	Section 1. Section 4. Section 5. Sections 7 and 8. Section 10.
Theft Act 1968 (c. 60)	In section 9(2), the words "or raping any person".
Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))	In section 21, in subsection (1) the words "or the prostitution of," and in subsection (2) the words "or the prostitution of," and "or who has become a prostitute,".
Criminal Justice Act 1972 (c. 71)	Section 48.
National Health Service Reorganisation Act 1973 (c. 32)	In Schedule 4, paragraph 92.
Sexual Offences (Amendment) Act 1976 (c. 82)	Section 1(2). Section 7(3).
Criminal Law Act 1977 (c. 45)	Section 54.
National Health Service Act 1977 (c. 49)	In Schedule 15, paragraph 29.
Internationally Protected Persons Act 1978 (c. 17)	In section 1(1)(a), the word "rape,".
Suppression of Terrorism Act 1978 (c. 26)	In section 4(1)(a), the word "11,". In Schedule 1, paragraph 11.
Magistrates' Courts Act 1980 (c. 43)	In section 103(2)(c), the words from "the Indecency with Children Act 1960" to "1977 or". In Schedule 1, paragraphs 23, 27 and 32. In Schedule 7, paragraph 18.
Criminal Attempts Act 1981 (c. 47)	In section 4(5), paragraph (a) and the word "and" immediately after it.
Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))	In Article 29(1), the words from "or with an offence under section 1(1)(b) of the Vagrancy Act 1898" to "homosexual act". In Schedule 2, paragraphs 5(c), 10(c) and 22.
Criminal Justice Act 1982 (c. 48)	In Schedule 1, in Part 1, paragraph 2, and in Part 2, the cross-heading immediately before paragraph 12, and paragraphs 12 to 14.
Mental Health (Amendment) Act 1982 (c. 51)	In Schedule 3, paragraphs 29 and 34.
Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/1536 (N.I. 19))	In Article 2(2), in the definition of "homosexual act", the words from ", an act of gross indecency" to the end. Article 3. Article 7. Article 8. Article 10(2)(a) and (b). In Article 11(1), the words ", or gross indecency with,". Article 12(1). Article 13. In the Schedule, paragraphs 3, 4 and 7.
Mental Health Act 1983 (c. 20)	In Schedule 4, paragraph 15.
Police and Criminal Evidence Act 1984 (c. 60)	In section 80(7), the words from "the Sexual Offences Act 1956" to "1977 or". In Schedule 1A, paragraph 4 and the cross-heading immediately before it. In Part 1 of Schedule 5, paragraphs 4 and 6 to 8. In Part 2 of Schedule 5, paragraph 2 and the cross-heading immediately before it. In Part 1 of Schedule 6, paragraph 9.
Sexual Offences Act 1985 (c. 44)	Section 3. Section 4(2) and (3). Section 5(2).
Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))	In Schedule 5, in Part II, the entry relating to the Homosexual Offences (Northern Ireland) Order 1982.
Criminal Justice Act 1988 (c. 33)	In section 32(2)(c), the words from "the Sexual Offences Act 1956" to "1977 or".
Children Act 1989 (c. 49)	In Schedule 12, paragraphs 11 to 14 and 16.
Criminal Justice and Public Order Act 1994 (c. 33)	Sections 142 to 144. In Schedule 10, paragraphs 26 and 35(2) and (4).
Criminal Procedure and Investigations Act 1996 (c. 25)	Section 56(2)(a).
Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)	In the Schedule, paragraph 1(1)(a).
Sexual Offences (Protected Material) Act 1997 (c. 39)	In the Schedule, paragraphs 1 to 4.
Crime (Sentences) Act 1997 (c. 43)	Section 52.
Sex Offenders Act 1997 (c. 51)	The whole Act.
Crime and Disorder Act 1998 (c. 37)	Sections 2, 2A, 2B and 3. In section 4, in subsection (1) the words ", a sex offender order or an order under section 2A above" and in subsection (3) the words "or 2(6) above". Section 20. In Section 21, subsection (2); in subsection (4), the words "or (2)"; in subsection (5), the words "or 20"; in subsection (6), the words "and sex offender orders" and "or 20(4)(a)"; in subsection (7)(b)(i), the words "or, as the case may be, chief constable"; subsections (7A) and (7B); and in subsection (10), the words "or 20". Section 21A. Section 22(6) and (7). In Schedule 8, paragraphs 36 and 144.
Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))	In Schedule 1, paragraph 1(c), (e) and (j).
Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)).	Articles 6, 6A, 6B and 7.
Youth Justice and Criminal Evidence Act 1999 (c. 23)	In section 35(3)(a), sub-paragraphs (i) to (iv).
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)	Section 161(2)(a) to (e). In Schedule 9, paragraphs 189, 190 and 193.
Care Standards Act 2000 (c. 14)	In Schedule 4, paragraph 2.
Criminal Justice and Courts Services Act 2000 (c. 43)	Section 39. Section 66. In Schedule 4, paragraphs 1(c) to (i), 2(g) to (m) and 3(b) to (r). Schedule 5.
Sexual Offences (Amendment) Act 2000 (c. 44)	Section 1(1), (2) and (4). Section 2(1) to (3) and (5). Sections 3 and 4 except so far as extending to Scotland. Section 5. Section 6(1).
Armed Forces Act 2001 (c. 19)	In Schedule 6, paragraphs 2 and 59.
Proceeds of Crime Act 2002 (c. 29)	In Schedule 5, paragraph 8(2) to (5).
Police Reform Act 2002 (c. 30)	Sections 67 to 74.
Nationality, Immigration and Asylum Act 2002 (c. 41)	Sections 145 and 146.
Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))	In Schedule 2, in paragraph 2(d), sub-paragraph (x) and the word "or" at the end of sub-paragraph (xi).
Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13))	In Article 19(4), sub-paragraph (a). In Schedule 1, paragraphs 1, 2, 20 and 21.

Amended by correction slip on 01 December 2003

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12

-- Back --

Stat