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.