Protection of Children (Scotland) Act 2003

Valid from 10/01/2005

SCHEDULE 1 S Offences against a child

(introduced by section 10(9))

1 S The offences referred to in sub-paragraph (i) of section 10(9)(a) above are—

(a) an offence under section 12 (cruelty to children under 16) of the Children and Young Persons (Scotland) Act 1937 (c. 37);

(b) an offence under section 15 (causing or allowing children under 16 to be used for begging or procuring alms) of that Act;

(c) an offence under section 22 (exposing a child under 7 to risk of burning) of that Act;

(d) an offence under section 33 (causing or allowing children under 17 to participate in performances which endanger life or limb) of that Act;

(e) an offence under section 2 (intercourse with a step-child) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39);

(f) an offence under section 3 (intercourse of person in position of trust with child under 16) of that Act;

(g) an offence under section 5 (intercourse with girl under 16) of that Act;

(h) an offence under section 6 (indecent behaviour towards girl between 12 and 16) of that Act;

(i) an offence under section 8 (abduction and unlawful detention of unmarried girl under 18) of that Act;

(j) an offence under section 9 (permitting girl under 16 to use premises for intercourse) of that Act;

(k) an offence under section 10 (causing or encouraging the seduction of, the prostitution of, unlawful intercourse with or the commission of an indecent assault on a girl under 16) of that Act;

(l) an offence under section 12 (allowing child who is 4 or over but under 16 to be in a brothel) of that Act;

(m) an offence under section 13(5)(c) (homosexual acts with a boy under 16) of that Act.

2 S An individual falls within this paragraph if the individual—

(a) commits an offence under section 1 (incest) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) by having sexual intercourse with a child;

(b) commits an offence under section 7 (procuring unlawful intercourse etc.) of that Act in relation to a child;

(c) commits an offence under section 11 (trading in prostitution and brothel-keeping) of that Act in relation to a child;

(d) commits an offence under section 13(6) (procuring commission of homosexual act between males) by procuring, or attempting to procure, a child to commit a homosexual act.

(e) commits any other offence which caused, or was intended to cause, bodily injury to a child;

(f) commits any other offence by engaging in lewd, indecent or libidinous practice or behaviour towards a child.