Sex Offenders Act 1997

1 (1) This Part of this Act applies to the following sexual offences under the law of England and Wales, namely—

(a) offences under the following provisions of the [1956 c. 69.] Sexual Offences Act 1956—

(i) section 1 (rape);

(ii) section 5 (intercourse with a girl under 13);

(iii) section 6 (intercourse with a girl between 13 and 16);

(iv) section 10 (incest by a man);

(v) section 12 (buggery);

(vi) section 13 (indecency between men);

(vii) section 14 (indecent assault on a woman);

(viii) section 15 (indecent assault on a man);

(ix) section 16 (assault with intent to commit buggery);

(x) section 28 (causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under 16);

(b) an offence under section 1(1) of the [1960 c. 33] Indecency with Children Act 1960 (indecent conduct towards young child);

(c) an offence under section 54 of the [1977 c. 45] Criminal Law Act 1977 (inciting girl under 16 to have incestuous sexual intercourse);

(d) an offence under section 1 of the [1978 c. 37] Protection of Children Act 1978 (indecent photographs of children);

(e) an offence under section 170 of the [1979 c. 2.] Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the [1876 c. 36.] Customs Consolidation Act 1876 (prohibitions and restrictions); and

(f) an offence under section 160 of the [1988 c. 33.] Criminal Justice Act 1988 (possession of indecent photographs of children).

(2) In sub-paragraph (1) above—

(a) paragraph (a)(iii), (v) and (vi) does not apply where the offender was under 20;

(b) subject to sub-paragraph (3) below, paragraph (a)(iv) to (ix) does not apply where the victim of or, as the case may be, the other party to the offence was 18 or over; and

(c) paragraph (e) does not apply where the prohibited goods did not include indecent photographs of persons who were under the age of 16.

(3) Sub-paragraph (2)(b) above does not prevent the application of sub-paragraph (1)(a)(vii) or (viii) above in any case where, in respect of the offence or finding, the offender—

(a) is or has been sentenced to imprisonment for a term of 30 months or more; or

(b) is or has been admitted to a hospital subject to a restriction order.

(4) For the purposes of sub-paragraph (2)(c) above—

(a) section 7 of the [1978 c. 37.] Protection of Children Act 1978 (interpretation) shall apply as it applies for the purposes of that Act; and

(b) a person shall be taken to have been under the age of 16 at any time if it appears from the evidence as a whole that he was under that age at that time.