Youth Justice and Criminal Evidence Act 1999

8 (1) Section 2 (offences to which Act applies) is amended as follows. U.K.

(2) In subsection (1), after “This Act applies to the following offences” insert “against the law of England and Wales—

(aa) rape;

(ab) burglary with intent to rape;”.

(3) In subsection (1)(e), for “(a)” substitute “ (aa) ”.

(4) In subsection (1), after paragraph (g) insert—

“(h) aiding, abetting, counselling or procuring the commission of any of the offences mentioned in paragraphs (aa) to (e) and (g);”.

(5) In subsection (2), after paragraph (m) insert—

“(n) section 17 (abduction of woman by force).”

(6) After subsection (2) insert—

“(3) This Act applies to the following offences against the law of Northern Ireland—

(a) rape;

(b) burglary with intent to rape;

(c) any offence under any of the following provisions of the M1 Offences against the Person Act 1861—

(i) section 52 (indecent assault on a female);

(ii) section 53 so far as it relates to abduction of a woman against her will;

(iii) section 61 (buggery);

(iv) section 62 (attempt to commit buggery, assault with intent to commit buggery or indecent assault on a male);

(d) any offence under any of the following provisions of the M2 Criminal Law Amendment Act 1885—

(i) section 3 (procuring unlawful carnal knowledge of woman by threats, false pretences or administering drugs);

(ii) section 4 (unlawful carnal knowledge, or attempted unlawful carnal knowledge, of a girl under 14);

(iii) section 5 (unlawful carnal knowledge of a girl under 17);

(e) any offence under any of the following provisions of the M3 Punishment of Incest Act 1908—

(i) section 1 (incest, attempted incest by males);

(ii) section 2 (incest by females over 16);

(f) any offence under section 22 of the M4 Children and Young Persons Act (Northern Ireland) 1968 (indecent conduct towards child);

(g) any offence under Article 9 of the M5 Criminal Justice (Northern Ireland) Order 1980 (inciting girl under 16 to have incestuous sexual intercourse);

(h) any offence under any of the following provisions of the M6 Mental Health (Northern Ireland) Order 1986—

(i) Article 122(1)(a) (unlawful sexual intercourse with a woman suffering from severe mental handicap);

(ii) Article 122(1)(b) (procuring a woman suffering from severe mental handicap to have unlawful sexual intercourse);

(iii) Article 123 (unlawful sexual intercourse by hospital staff, etc. with a person receiving treatment for mental disorder);

(i) any attempt to commit any of the offences mentioned in paragraphs (a) to (h);

(j) any conspiracy to commit any of those offences;

(k) any incitement of another to commit any of those offences;

(l) aiding, abetting, counselling or procuring the commission of any of the offences mentioned in paragraphs (a) to (i) and (k).”

Commencement Information

I1 Sch. 2 para. 8 in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(c)

I2 Sch. 2 para. 8 in force at 7.10.2004 for E.W. by S.I. 2004/2428, art. 2(e)

I3 Sch. 2 para. 8 in force at 8.11.2004 for N.I. by S.R. 2004/467, art. 2(c)

Marginal Citations

M1 1861 c. 100.

M2 1885 c. 69.

M3 1908 c. 45.

M4 1968 c. 34(N.I.)

M5 S.I. 1980/704 (N.I. 6).

M6 S.I. 1986/595 (N.I. 4).