SCHEDULES
SCHEDULE 1Sexual offences to which Part I applies
Offences in England and Wales
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.