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The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009

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SCHEDULEN.I.

1.  The offences specified in this paragraph are—N.I.

(a)the offence of rape contrary to the common law of Scotland, where the offence was committed against a child;

(b)the offence of rape contrary to the common law of Northern Ireland, where the offence was committed against a child;

(c)any offence contrary to a provision specified in the first column of Part 1 of the table set out in this paragraph, where it was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;

(d)any offence contrary to a provision specified in Part 2 of that table;

(e)any offence contrary to—

(i)section 70 of the Army Act 1955(1),

(ii)section 70 of the Air Force Act 1955(2), or

(iii)section 42 of the Naval Discipline Act 1957(3),

which corresponds to an offence contrary to any provision specified in the first column of Part 1 of that table and which was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;

(f)any offence contrary to—

(i)section 70 of the Army Act 1955,

(ii)section 70 of the Air Force Act 1955, or

(iii)section 42 of the Naval Discipline Act 1957,

which corresponds to an offence contrary to any provision specified in Part 2 of that table; and

(g)any offence contrary to section 42 of the Armed Forces Act 2006(4) where—

(i)the corresponding offence under the law of England and Wales is one contrary to a provision specified in the first column of Part 1 of that table, and the offence under the Armed Forces Act 2006 was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table, or

(ii)the corresponding offence under the law of England and Wales is one contrary to a provision specified in Part 2 of that table.

Table

Part 1
ProvisionCircumstances
Sexual Offences Act 1956, section 1(5)The offence was committed against a child
Mental Health Act 1959, section 128(6)The offence was committed against a child
Mental Health (Northern Ireland) Order 1986, Article 122(1)(a)(7)The offence was committed against a child
Mental Health (Northern Ireland) Order 1986, Article 123(8)The offence was committed against a child
Mental Health (Care and Treatment)(Scotland) Act 2003(9), section 311The offence was committed against a child
Mental Health (Care and Treatment)(Scotland) Act 2003, section 313(10)The offence was committed against a child
Sexual Offences Act 2003, section 1The offence was committed against a child
Sexual Offences Act 2003, section 2The offence was committed against a child
Sexual Offences Act 2003, section 30The offence was committed against a child
Sexual Offences Act 2003, section 31The person caused or incited to engage in sexual activity was a child
Sexual Offences Act 2003, section 32The person who was present or in a place from which the person committing the offence could be seen was a child
Sexual Offences Act 2003, section 33The person caused to watch the sexual activity in question was a child
Sexual Offences Act 2003, section 34The offence was committed against a child
Sexual Offences Act 2003, section 35The person induced, threatened or deceived was a child
Sexual Offences Act 2003, section 36The person who agreed to be present or in a place from which the person committing the offence could be observed was a child
Sexual Offences Act 2003, section 37The person induced, threatened or deceived was a child
Sexual Offences Act 2003, section 38The offence was committed against a child
Sexual Offences Act 2003, section 39The person caused or incited to engage in sexual activity was a child
Sexual Offences Act 2003, section 40The person who was present or in a place from which the person committing the offence could be seen was a child
Sexual Offences Act 2003, section 41The person caused to watch the sexual activity was a child
Sexual Offences (Northern Ireland) Order 2008(11), Article 5The offence was committed against a child
Sexual Offences (Northern Ireland) Order 2008, Article 6The offence was committed against a child
Sexual Offences (Northern Ireland) Order 2008, Article 43The offence was committed against a child
Sexual Offences (Northern Ireland) Order 2008, Article 44The person caused or incited to engage in sexual activity was a child
Sexual Offences (Northern Ireland) Order 2008, Article 45The person who was present or in a place from which the person committing the offence could be seen was a child
Sexual Offences (Northern Ireland) Order 2008, Article 46The person caused to watch the sexual activity in question was a child
Sexual Offences (Northern Ireland) Order 2008, Article 47The offence was committed against a child
Sexual Offences (Northern Ireland) Order 2008, Article 48The person induced, threatened or deceived was a child
Sexual Offences (Northern Ireland) Order 2008, Article 49The person who agreed to be present or in a place from which the person committing the offence could be observed was a child
Sexual Offences (Northern Ireland) Order 2008, Article 50The person induced, threatened or deceived was a child
Sexual Offences (Northern Ireland) Order 2008, Article 51The offence was committed against a child
Sexual Offences (Northern Ireland) Order 2008, Article 52The person caused or incited to engage in sexual activity was a child
Sexual Offences (Northern Ireland) Order 2008, Article 53The person who was present or in a place from which the person committing the offence could be seen was a child
Sexual Offences (Northern Ireland) Order 2008, Article 54The person caused to watch the sexual activity in question was a child
[F1Sexual Offences (Scotland) Act 2009, section 1 The offence was committed against a child
Sexual Offences (Scotland) Act 2009, section 2The offence was committed against a child]
Part 2
Provision
Criminal Law Amendment Act 1885, section 4(12)
Sexual Offences Act 1956, section 5(13)
Sexual Offences (Scotland) Act 1976, section 3(14)
Criminal Law (Consolidation)(Scotland) Act 1995, section 5(1) or (2)(15)
Sexual Offences Act 2003, section 5
Sexual Offences Act 2003, section 6
Sexual Offences Act 2003, section 7
Sexual Offences Act 2003, section 8
Sexual Offences (Northern Ireland) Order 2008, Article 12
Sexual Offences (Northern Ireland) Order 2008, Article 13
Sexual Offences (Northern Ireland) Order 2008, Article 14
Sexual Offences (Northern Ireland) Order 2008, Article 15
[F2Sexual Offences (Scotland) Act 2009, section 18
Sexual Offences (Scotland) Act 2009, section 19
Sexual Offences (Scotland) Act 2009, section 20(1), (2)(a), and (3)]

2.  The offences specified in this paragraph are—N.I.

(a)the offences contrary to the common law of England and Wales of—

(i)murder,

(ii)kidnapping,

(iii)infanticide;

(b)the offences contrary to the common law of Scotland of—

(i)murder,

(ii)rape, where the offence was committed against an adult,

(iii)sodomy, unless every person involved in the offence was aged 16 or over and was a willing participant,

(iv)indecent assault, where the offence was committed against a child,

(v)clandestine injury to women, where the offence was committed against a child,

(vi)abduction of a woman or a girl with intent to rape,

(vii)assault with intent to rape or ravish;

(c)an offence contrary to the common law of Scotland involving lewd, indecent or libidinous behaviour or practices, where the offence was committed against or involving a child under the age of 16;

(d)the offence contrary to the common law of Northern Ireland of—

(i)murder,

(ii)rape, where the offence was committed against an adult,

(iii)kidnapping,

(iv)infanticide;

(e)any offence contrary to a provision specified in Part 1 of the table set out in this paragraph, where it was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;

(f)any offence contrary to a provision specified in Part 2 of that table;

(g)any offence contrary to—

(i)section 70 of the Army Act 1955,

(ii)section 70 of the Air Force Act 1955, or

(iii)section 42 of the Naval Discipline Act 1957,

which corresponds to an offence contrary to any provision specified in the first column of Part 1 of that table and which was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;

(h)any offence contrary to—

(i)section 70 of the Army Act 1955,

(ii)section 70 of the Air Force Act 1955, or

(iii)section 42 of the Naval Discipline Act 1957,

which corresponds to an offence contrary to any provision specified in Part 2 of that table; and

(i)any offence contrary to section 42 of the Armed Forces Act 2006 where—

(i)the corresponding offence under the law of England and Wales is one contrary to a provision specified in the first column of Part 1 of that table, and the offence under the Armed Forces Act 2006 was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table, or

(ii)the corresponding offence under the law of England and Wales is one contrary to a provision specified in Part 2 of that table.

Table

Part 1
ProvisionCircumstances
F3. . .F3. . .
Offences Against the Person Act 1861, section 61(16) [F4The person with whom the offence was committed was under the age of 16 or did not consent to the act]
Offences Against the Person Act 1861, section 62(17) [F4The person with whom the offence was committed was under the age of 16 or did not consent to the act]
Criminal Law Amendment Act 1885, section 11(18) [F5The person with whom the offence was committed was under the age of 16 or did not consent to the act and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012]
Punishment of Incest Act 1908, section 1(19)The offence was committed against a child
Punishment of Incest Act 1908, section 2The offence was committed against a child
Sexual Offences Act 1956, section 1The offence was committed against an adult
Sexual Offences Act 1956, section 10(20)The offence was committed against a child
Sexual Offences Act 1956, section 11(21)The offence was committed against a child
Sexual Offences Act 1956, section 12(22)The person with whom the offence was committed was under the age of 16 or did not consent to the act [F6and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012]
Sexual Offences Act 1956, section 13(23)The person with whom the offence was committed was under the age of 16 or did not consent to the act[F6and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012]
Misuse of Drugs Act 1971, section 4(3)(24)The person to whom controlled drugs were supplied or offered to be supplied was a child
Sexual Offences (Scotland) Act 1976, section 2A(25)The offence was committed against a child
Sexual Offences (Scotland) Act 1976, section 2BThe offence was committed against a child
Customs and Excise Management Act 1979, section 170(26)The relevant goods were goods which were prohibited to be imported or brought into the United Kingdom, pursuant to section 42 of the Customs Consolidation Act 1876(27)
Criminal Justice (Scotland) Act 1980, section 80(7)(28)The person with whom the homosexual act was committed, or whom the person committing the offence procured or attempted to procure to commit the act, was under the age of 16 or was not willing to participate in the act
Mental Health (Northern Ireland) Order 1986, Article 122An offence under this Article was committed against an adult or an offence under paragraph (1)(b) to (e) of the Article was committed against a child
Mental Health (Northern Ireland) Order 1986, Article 123The offence was committed against an adult
Criminal Law (Consolidation)(Scotland) Act 1995, section 13(29)At least one other person involved (whether in the offence or the homosexual act) was under the age of 16 or was not a willing participant
Mental Health (Care and Treatment)(Scotland) Act 2003, section 311The offence was committed against an adult
Mental Health (Care and Treatment)(Scotland) Act 2003, section 313The offence was committed against an adult
Criminal Justice (Northern Ireland) Order 2003, Article 21(30)The offence was committed against a child
[F7Female Genital Mutilation Act 2003, section 1 The offence was committed against a child
Female Genital Mutilation Act 2003, section 2The offence was committed against a child
Female Genital Mutilation Act 2003, section 3The offence was committed against a child]
Sexual Offences Act 2003, section 1The offence was committed against an adult
Sexual Offences Act 2003, section 2The offence was committed against an adult
Sexual Offences Act 2003, section 30The offence was committed against an adult
Sexual Offences Act 2003, section 31The person caused or incited to engage in sexual activity was an adult
Sexual Offences Act 2003, section 32The person who was present or in a place from which the person committing the offence could be observed was an adult
Sexual Offences Act 2003, section 33The person caused to watch the sexual activity in question was an adult
Sexual Offences Act 2003, section 34The offence was committed against an adult
Sexual Offences Act 2003, section 35The person induced, threatened or deceived was an adult
Sexual Offences Act 2003, section 36The person who agreed to be present or in a place from which the person committing the offence could be observed was an adult
Sexual Offences Act 2003, section 37The person induced, threatened or deceived was an adult
Sexual Offences Act 2003, section 38The offence was committed against an adult
Sexual Offences Act 2003, section 39The person caused or incited to engage in sexual activity was an adult
Sexual Offences Act 2003, section 40The person who was present or in a place from which the person committing the offence could be observed was an adult
Sexual Offences Act 2003, section 41The person caused to watch the sexual activity in question was an adult
Sexual Offences Act 2003, section 62The relevant sexual offence(31) was one specified in this Schedule and was intended to be committed in relevant circumstances, if any, specified in this Schedule in relation to that offence
Sexual Offences Act 2003, section 63The relevant sexual offence(32) was one specified in this Schedule and was intended to be committed in relevant circumstances, if any, specified in this Schedule in relation to that offence
Sexual Offences Act 2003, section 66(33)The offence was committed against a child under the age of 16
Sexual Offences Act 2003, section 67The offence was committed against a child under the age of 16
[F7Sexual Offences Act 2003, section 72 The offence committed corresponds to an offence which would lead to automatic inclusion in the children’s barred list with the right to make representations]
Sexual Offences (Northern Ireland) Order 2008, Article 5The offence was committed against an adult
Sexual Offences (Northern Ireland) Order 2008, Article 6The offence was committed against an adult
Sexual Offences (Northern Ireland) Order 2008, Article 43The offence was committed against an adult
Sexual Offences (Northern Ireland) Order 2008, Article 44The person caused or incited to engage in sexual activity was an adult
Sexual Offences (Northern Ireland) Order 2008, Article 45The person who was present or in a place from which the person committing the offence could be seen was an adult
Sexual Offences (Northern Ireland) Order 2008, Article 46The person caused to watch the sexual activity in question was an adult
Sexual Offences (Northern Ireland) Order 2008, Article 47The offence was committed against an adult
Sexual Offences (Northern Ireland) Order 2008, Article 48The person induced, threatened or deceived was an adult
Sexual Offences (Northern Ireland) Order 2008, Article 49The person who agreed to be present or in a place from which the person committing the offence could be observed was an adult
Sexual Offences (Northern Ireland) Order 2008, Article 50The person induced, threatened or deceived was an adult
Sexual Offences (Northern Ireland) Order 2008, Article 51The offence was committed against an adult
Sexual Offences (Northern Ireland) Order 2008, Article 52The person caused or incited to engage in sexual activity was an adult
Sexual Offences (Northern Ireland) Order 2008, Article 53The person who was present or in a place from which the person committing the offence could be seen was an adult
Sexual Offences (Northern Ireland) Order 2008, Article 54The person caused to watch the sexual activity in question was an adult
Sexual Offences (Northern Ireland) Order 2008, Article 66The relevant sexual offence(34) was one specified in this Schedule and was intended to be committed in relevant circumstances, if any, specified in this Schedule in relation to that offence
Sexual Offences (Northern Ireland) Order 2008, Article 67The relevant sexual offence(35) was one specified in this Schedule and was intended to be committed in relevant circumstances, if any, specified in this Schedule in relation to that offence
Sexual Offences (Northern Ireland) Order 2008, Article 70The offence was committed against a child under the age of 16
Sexual Offences (Northern Ireland) Order 2008, Article 71The offence was committed against a child under the age of 16
[F7Sexual Offences (Scotland) Act 2009, section 5 The offence was committed against a child under the age of 16
Sexual Offences (Scotland) Act 2009, section 6The offence was committed against a child under the age of 16
Sexual Offences (Scotland) Act 2009, section 8The offence was committed against a child under the age of 16
Sexual Offences (Scotland) Act 2009, section 9The offence was committed against a child under the age of 16]
[F8Theft Act 1968, section 9(1)(a) The offence was committed with intent to commit rape [F9before section 9(1)(a) was amended by the Sexual Offences Act 2003]
Theft Act (Northern Ireland) 1969, section 9The offence was committed with intent to commit rape [F10before section 9 was amended by the Sexual Offences (Northern Ireland) Order 2008]]
Part 2
Provision
Offences Against the Person Act 1861, section 21
Offences Against the Person Act 1861, section 53(36)
[F11Offences Against the Person Act 1861, section 52]
Offences Against the Person Act 1861, section 54
Offences Against the Person Act 1861, section 55
Criminal Law Amendment Act 1885, section 2(37)
Criminal Law Amendment Act 1885, section 3
Criminal Law Amendment Act 1885, section 5
Criminal Law Amendment Act 1885, section 6
Criminal Law Amendment Act 1885, section 7
Criminal Law Amendment Act 1885, section 8
Vagrancy Act 1898, section 1(38)
Children and Young Persons Act 1933, section 1(39)
Children and Young Persons (Scotland) Act 1937, section 12(1)(40)
Infanticide Act 1938, section 1(41)
Infanticide Act (Northern Ireland) 1939, section 1(42)
Sexual Offences Act 1956, section 2(43)
Sexual Offences Act 1956, section 3
Sexual Offences Act 1956, section 4
Sexual Offences Act 1956, section 6
Sexual Offences Act 1956, section 7
Sexual Offences Act 1956, section 9
Sexual Offences Act 1956, section 14
Sexual Offences Act 1956, section 15
Sexual Offences Act 1956, section 16
Sexual Offences Act 1956, section 17
Sexual Offences Act 1956, section 19
Sexual Offences Act 1956, section 20
Sexual Offences Act 1956, section 21
Sexual Offences Act 1956, section 22
Sexual Offences Act 1956, section 23
Sexual Offences Act 1956, section 24
Sexual Offences Act 1956, section 25
Sexual Offences Act 1956, section 26
Sexual Offences Act 1956, section 27
Sexual Offences Act 1956, section 28
Sexual Offences Act 1956, section 29
Sexual Offences Act 1956, section 30
Sexual Offences Act 1956, section 31
Mental Health Act 1959, section 128(44)
Indecency with Children Act 1960, section 1(45)
Sexual Offences Act 1967, section 4(46)
Sexual Offences Act 1967, section 5
Theft Act 1968, section 9(1)(a)(47)
Children and Young Persons Act (Northern Ireland) 1968, section 20(48)
Children and Young Persons Act (Northern Ireland) 1968, section 21(49)
Children and Young Persons Act (Northern Ireland) 1968, section 22(50)
F12. . .
F13. . .
Sexual Offences (Scotland) Act 1976, section 2C(51)
Sexual Offences (Scotland) Act 1976, section 4
Criminal Law Act 1977, section 54(52)
Protection of Children Act 1978, section 1(53)
Protection of Children (Northern Ireland) Order 1978, Article 3(54)
[F11Sexual Offences (Northern Ireland) Order 1978, Article 3]
Criminal Justice (Northern Ireland) Order 1980, Article 9(55)
Homosexual Offences (Northern Ireland) Order 1982, Article 7(56)
Homosexual Offences (Northern Ireland) Order 1982, Article 8
Civic Government (Scotland) Act 1982, section 52(57)
Civic Government (Scotland) Act 1982, section 52A(58)
F14. . .
Mental Health Act 1983, section 127(59)
F14. . .
F14. . .
Child Abduction Act 1984, section 1(60)
Child Abduction Act 1984, section 2(61)
Child Abduction Act 1984, section 6(62)
Mental Health (Scotland) Act 1984, section 105(63)
[F11Mental Health (Scotland) Act 1984, section 106]
[F11Mental Health (Scotland) Act 1984, section 107]
Mental Health (Scotland) Act 1984, section 108(64)
Mental Health (Scotland) Act 1984, section 109(65)
Child Abduction (Northern Ireland) Order 1985, Article 3(66)
Child Abduction (Northern Ireland) Order 1985, Article 4(67)
Mental Health (Northern Ireland) Order 1986, Article 119
Mental Health (Northern Ireland) Order 1986, Article 121(68)
Mental Health (Northern Ireland) Order 1986, Article 124
Mental Health (Northern Ireland) Order 1986, Article 125
Criminal Justice Act 1988, section 160(69)
Criminal Justice (Evidence etc.)(Northern Ireland) Order 1988, Article 15(70)
Criminal Law (Consolidation)(Scotland) Act 1995, section 1(71)
Criminal Law (Consolidation)(Scotland) Act 1995, section 2
Criminal Law (Consolidation)(Scotland) Act 1995, section 3
Criminal Law (Consolidation)(Scotland) Act 1995, section 5(3)
Criminal Law (Consolidation)(Scotland) Act 1995, section 6
Criminal Law (Consolidation)(Scotland) Act 1995, section 7(1) or (2)
Criminal Law (Consolidation)(Scotland) Act 1995, section 8(1) or (3)
Criminal Law (Consolidation)(Scotland) Act 1995, section 9
Criminal Law (Consolidation)(Scotland) Act 1995, section 10
Criminal Law (Consolidation)(Scotland) Act 1995, section 11
Sexual Offences (Amendment) Act 2000, section 3(72)
Nationality, Immigration and Asylum Act 2002, section 145(73)
Criminal Justice (Scotland) Act 2003, section 22(74)
Criminal Justice (Northern Ireland) Order 2003, Article 19(75)
Criminal Justice (Northern Ireland) Order 2003, Article 20
Sexual Offences Act 2003, section 3
Sexual Offences Act 2003, section 4
[F11Sexual Offences Act 2003, section 4(1)(a)]
Sexual Offences Act 2003, section 9
Sexual Offences Act 2003, section 10
Sexual Offences Act 2003, section 11
Sexual Offences Act 2003, section 12
Sexual Offences Act 2003, section 14
Sexual Offences Act 2003, section 15(76)
Sexual Offences Act 2003, section 16
Sexual Offences Act 2003, section 17
Sexual Offences Act 2003, section 18
Sexual Offences Act 2003, section 19
Sexual Offences Act 2003, section 20
Sexual Offences Act 2003, section 25
Sexual Offences Act 2003, section 26
Sexual Offences Act 2003, section 47
Sexual Offences Act 2003, section 48
Sexual Offences Act 2003, section 49
Sexual Offences Act 2003, section 50
Sexual Offences Act 2003, section 52
Sexual Offences Act 2003, section 53
Sexual Offences Act 2003, section 57(77)
Sexual Offences Act 2003, section 58
Sexual Offences Act 2003, section 59
[F11Sexual Offences Act 2003, section 59A]
Sexual Offences Act 2003, section 61
[F15Asylum and Immigration (Treatment of Claimants etc) Act 2004, section 4]
Domestic Violence, Crime and Victims Act 2004, section 5(78)
Mental Capacity Act 2005, section 44(79)
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 1(80)
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 9
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 10
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 11
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 12
[F11Criminal Justice and Immigration Act 2008, section 63]
Sexual Offences (Northern Ireland) Order 2008, Article 7
Sexual Offences (Northern Ireland) Order 2008, Article 8
Sexual Offences (Northern Ireland) Order 2008, Article 16
Sexual Offences (Northern Ireland) Order 2008, Article 17
Sexual Offences (Northern Ireland) Order 2008, Article 18
Sexual Offences (Northern Ireland) Order 2008, Article 19
Sexual Offences (Northern Ireland) Order 2008, Article 21
Sexual Offences (Northern Ireland) Order 2008, Article 22
Sexual Offences (Northern Ireland) Order 2008, Article 23
Sexual Offences (Northern Ireland) Order 2008, Article 24
Sexual Offences (Northern Ireland) Order 2008, Article 25
Sexual Offences (Northern Ireland) Order 2008, Article 26
Sexual Offences (Northern Ireland) Order 2008, Article 27
Sexual Offences (Northern Ireland) Order 2008, Article 32
Sexual Offences (Northern Ireland) Order 2008, Article 33
Sexual Offences (Northern Ireland) Order 2008, Article 37
Sexual Offences (Northern Ireland) Order 2008, Article 38
Sexual Offences (Northern Ireland) Order 2008, Article 39
Sexual Offences (Northern Ireland) Order 2008, Article 40
Sexual Offences (Northern Ireland) Order 2008, Article 62
Sexual Offences (Northern Ireland) Order 2008, Article 63
Sexual Offences (Northern Ireland) Order 2008, Article 65
[F11Coroners and Justice Act 2009, section 62]
[F11Sexual Offences (Scotland) Act 2009, section 3
Sexual Offences (Scotland) Act 2009, section 4
Sexual Offences (Scotland) Act 2009, section 11
Sexual Offences (Scotland) Act 2009, section 20(1) and (2)(b) to (e)
Sexual Offences (Scotland) Act 2009, section 21
Sexual Offences (Scotland) Act 2009, section 22
Sexual Offences (Scotland) Act 2009, section 23
Sexual Offences (Scotland) Act 2009, section 24
Sexual Offences (Scotland) Act 2009, section 25
Sexual Offences (Scotland) Act 2009, section 26
Sexual Offences (Scotland) Act 2009, section 28
Sexual Offences (Scotland) Act 2009, section 29
Sexual Offences (Scotland) Act 2009, section 30
Sexual Offences (Scotland) Act 2009, section 31
Sexual Offences (Scotland) Act 2009, section 32
Sexual Offences (Scotland) Act 2009, section 33
Sexual Offences (Scotland) Act 2009, section 34
Sexual Offences (Scotland) Act 2009, section 35
Sexual Offences (Scotland) Act 2009, section 36
Sexual Offences (Scotland) Act 2009, section 42
Sexual Offences (Scotland) Act 2009, section 46]

Textual Amendments

Commencement Information

I2Sch. para. 2 in operation at 13.3.2009, see reg. 1

3.  The offences specified in this paragraph are—N.I.

(a)any offence contrary to a provision specified in the table set out in this paragraph;

(b)any offence contrary to—

(i)section 70 of the Army Act 1955,

(ii)section 70 of the Air Force Act 1955, or

(iii)section 42 of the Naval Discipline Act 1957,

which corresponds to an offence contrary to any provision specified in that table; and

(c)any offence contrary to section 42 of the Armed Forces Act 2006, where the corresponding offence under the law of England and Wales is one contrary to a provision specified in that table.

Table

Provision
Mental Health (Northern Ireland) Order 1986, Article 122(1)(a)
Mental Health (Northern Ireland) Order 1986, Article 123
Mental Health (Care and Treatment)(Scotland) Act 2003, section 311
Mental Health (Care and Treatment)(Scotland) Act 2003, section 313
Sexual Offences Act 2003, section 30
Sexual Offences Act 2003, section 31
Sexual Offences Act 2003, section 32
Sexual Offences Act 2003, section 33
Sexual Offences Act 2003, section 34
Sexual Offences Act 2003, section 35
Sexual Offences Act 2003, section 36
Sexual Offences Act 2003, section 37
Sexual Offences Act 2003, section 38
Sexual Offences Act 2003, section 39
Sexual Offences Act 2003, section 40
Sexual Offences Act 2003, section 41
Sexual Offences (Northern Ireland) Order 2008, Article 43
Sexual Offences (Northern Ireland) Order 2008, Article 44
Sexual Offences (Northern Ireland) Order 2008, Article 45
Sexual Offences (Northern Ireland) Order 2008, Article 46
Sexual Offences (Northern Ireland) Order 2008, Article 47
Sexual Offences (Northern Ireland) Order 2008, Article 48
Sexual Offences (Northern Ireland) Order 2008, Article 49
Sexual Offences (Northern Ireland) Order 2008, Article 50
Sexual Offences (Northern Ireland) Order 2008, Article 51
Sexual Offences (Northern Ireland) Order 2008, Article 52
Sexual Offences (Northern Ireland) Order 2008, Article 53
Sexual Offences (Northern Ireland) Order 2008, Article 54
[F16Sexual Offences (Scotland) Act 2009, section 46]

4.  The offences specified in this paragraph are—N.I.

(a)the offences contrary to the common law of England and Wales of—

(i)murder,

(ii)kidnapping,

(iii)infanticide;

(b)the offences contrary to the common law of Scotland of—

(i)murder,

(ii)rape, where the offence was committed against a child,

(iii)sodomy, unless every person involved in the offence was aged 16 or over and was a willing participant,

(iv)indecent assault, where the offence was committed against a child,

(v)clandestine injury to women, where the offence was committed against a child,

(vi)abduction of a woman or a girl with intent to rape, where the offence was committed against a child,

(vii)assault with intent to rape or ravish, where the offence was committed against a child;

(c)an offence contrary to the common law of Scotland involving lewd, indecent or libidinous behaviour or practices, where the offence was committed against a child under the age of 16;

(d)the offences contrary to the common law of Northern Ireland of—

(i)murder,

(ii)rape, where the offence was committed against a child,

(iii)kidnapping,

(iv)infanticide;

(e)any offence contrary to a provision specified in the first column of Part 1 of the table set out in this paragraph, where it was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;

(f)any offence contrary to a provision specified in Part 2 of that table;

(g)any offence contrary to—

(i)section 70 of the Army Act 1955,

(ii)section 70 of the Air Force Act 1955, or

(iii)section 42 of the Naval Discipline Act 1957,

which corresponds to an offence contrary to any provision specified in the first column of Part 1 of that table and which was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;

(h)any offence contrary to—

(i)section 70 of the Army Act 1955,

(ii)section 70 of the Air Force Act 1955, or

(iii)section 42 of the Naval Discipline Act 1957,

which corresponds to an offence contrary to any provision specified in Part 2 of that table; and

(i)any offence contrary to section 42 of the Armed Forces Act 2006 where—

(i)the corresponding offence under the law of England and Wales is one contrary to a provision specified in the first column of Part 1 of that table, and the offence under the Armed Forces Act 2006 was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table, or

(ii)the corresponding offence under the law of England and Wales is one contrary to a provision specified in Part 2 of that table.

Table

Part 1
ProvisionCircumstances
Offences Against the Person Act 1861, section 61 [F17The person with whom the offence was committed was under the age of 16 or did not consent to the act]
Criminal Law Amendment Act 1885, section 11 [F18The person with whom the offence was committed was under the age of 16 or did not consent to the act and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012]
Punishment of Incest Act 1908, section 1The offence was committed against a child or the other party to the offence did not consent to the act
Punishment of Incest Act 1908, section 2The offence was committed against a child or the other party to the offence did not consent to the act
F19. . .F20. . .
Sexual Offences Act 1956, section 10The offence was committed against a child or the other party to the offence did not consent to the act
Sexual Offences Act 1956, section 11The offence was committed against a child or the other party to the offence did not consent to the act
Sexual Offences Act 1956, section 12The person with whom the offence was committed was under the age of 16 or did not consent to the act
Sexual Offences Act 1956, section 13The person with whom the offence was committed was under the age of 16 or did not consent to the act [F21and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012]
Misuse of Drugs Act 1971, section 4(3)The person to whom controlled drugs were supplied or offered to be supplied was a child
Customs and Excise Management Act 1979, section 170The relevant goods were goods which were prohibited to be imported or brought into the United Kingdom, pursuant to section 42 of the Customs Consolidation Act 1876
F22. . .F20. . .
[F23Female Genital Mutilation Act 2003, section 1 The offence was committed against a child
Female Genital Mutilation Act 2003, section 2The offence was committed against a child
Female Genital Mutilation Act 2003, section 3The offence was committed against a child]
[F24Sexual Offences Act 2003, section 66] [F25The offence was committed against a child under the age of 16]
[F26Sexual Offences Act 2003, section 67][F25The offence was committed against a child under the age of 16]
[F23Sexual Offences Act 2003, section 72]
Sexual Offences (Northern Ireland) Order 2008, Article 5The offence was committed against a child
[F27Sexual Offences (Northern Ireland) Order 2008, Article 70][F25The offence was committed against a child under the age of 16]
[F28Sexual Offences (Northern Ireland) Order 2008, Article 71][F25The offence was committed against a child under the age of 16]
[F23Sexual Offences (Scotland) Act 2009, section 5 The offence was committed against a child aged under the age of 16
Sexual Offences (Scotland) Act 2009, section 6The offence was committed against a child aged under the age of 16]
[F29Theft Act 1968, section 9(1)(a) The offence was committed with intent to commit rape[F30before section 9(1)(a) was amended by the Sexual Offences Act 2003]
Theft Act (Northern Ireland) 1969, section 9The offence was committed with intent to commit rape [F31before section 9 was amended by the Sexual Offences (Northern Ireland) Order 2008]]
Part 2
Provision
Offences Against the Person Act 1861, section 21
Offences Against the Person Act 1861, section 52
Offences Against the Person Act 1861, section 53
Offences Against the Person Act 1861, section 54
Offences Against the Person Act 1861, section 55
Offences Against the Person Act 1861, section 62
Criminal Law Amendment Act 1885, section 2
Criminal Law Amendment Act 1885, section 3
Criminal Law Amendment Act 1885, section 4
Criminal Law Amendment Act 1885, section 5
Criminal Law Amendment Act 1885, section 6
Criminal Law Amendment Act 1885, section 7
Criminal Law Amendment Act 1885, section 8
Vagrancy Act 1898, section 1
Children and Young Persons Act 1933, section 1
Children and Young Persons (Scotland) Act 1937, section 12(1)
Infanticide Act 1938, section 1
Infanticide Act (Northern Ireland) 1939, section 1
[F32Sexual Offences Act 1956, section 1]
Sexual Offences Act 1956, section 2
Sexual Offences Act 1956, section 3
Sexual Offences Act 1956, section 4
Sexual Offences Act 1956, section 5
Sexual Offences Act 1956, section 6
Sexual Offences Act 1956, section 7
Sexual Offences Act 1956, section 9
Sexual Offences Act 1956, section 14
Sexual Offences Act 1956, section 15
Sexual Offences Act 1956, section 16
Sexual Offences Act 1956, section 17
Sexual Offences Act 1956, section 19
Sexual Offences Act 1956, section 20
Sexual Offences Act 1956, section 21
Sexual Offences Act 1956, section 22
Sexual Offences Act 1956, section 23
Sexual Offences Act 1956, section 24
Sexual Offences Act 1956, section 25
Sexual Offences Act 1956, section 26
Sexual Offences Act 1956, section 27
Sexual Offences Act 1956, section 28
Sexual Offences Act 1956, section 29
Sexual Offences Act 1956, section 30
Sexual Offences Act 1956, section 31
Mental Health Act 1959, section 128
Indecency with Children Act 1960, section 1
Sexual Offences Act 1967, section 4
Sexual Offences Act 1967, section 5
F33. . .
Children and Young Persons Act (Northern Ireland) 1968, section 20
Children and Young Persons Act (Northern Ireland) 1968, section 21
Children and Young Persons Act (Northern Ireland) 1968, section 22
F34. . .
F33. . .

Sexual Offences (Scotland) Act 1976,

section 2A

Sexual Offences (Scotland) Act 1976,

section 2B

Sexual Offences (Scotland) Act 1976,

section 2C

[F35Sexual Offences (Scotland) Act 1976, section 3]

Sexual Offences (Scotland) Act 1976,

section 4

Criminal Law Act 1977, section 54
Protection of Children Act 1978, section 1
Protection of Children (Northern Ireland) Order 1978, Article 3
[F36Sexual Offences (Northern Ireland) Order 1978, Article 3]
Criminal Justice (Northern Ireland) Order 1980, Article 9
Criminal Justice (Scotland) Act 1980, section 80(7)
Homosexual Offences (Northern Ireland) Order 1982, Article 7
Homosexual Offences (Northern Ireland) Order 1982, Article 8
Civic Government (Scotland) Act 1982, section 52
Civic Government (Scotland) Act 1982, section 52A
F37. . .
Mental Health Act 1983, section 127
F37. . .
F37. . .
Child Abduction Act 1984, section 1
Child Abduction Act 1984, section 2
Child Abduction Act 1984, section 6
Mental Health (Scotland) Act 1984, section 105
[F36Mental Health (Scotland) Act 1984, section 106
Mental Health (Scotland) Act 1984, section 107]
Mental Health (Scotland) Act 1984, section 108
Mental Health (Scotland) Act 1984, section 109
Child Abduction (Northern Ireland) Order 1985, Article 3
Child Abduction (Northern Ireland) Order 1985, Article 4
Mental Health (Northern Ireland) Order 1986, Article 119
Mental Health (Northern Ireland) Order 1986, Article 121
Mental Health (Northern Ireland) Order 1986, Article 122(1)(b) to (e)
Mental Health (Northern Ireland) Order 1986, Article 124
Mental Health (Northern Ireland) Order 1986, Article 125
Criminal Justice Act 1988, section 160
Criminal Justice (Evidence)(Northern Ireland) Order 1988, Article 15
Criminal Law (Consolidation) (Scotland) Act 1995, section 1
Criminal Law (Consolidation) (Scotland) Act 1995, section 2
Criminal Law (Consolidation) (Scotland) Act 1995, section 3
Criminal Law (Consolidation) (Scotland) Act 1995, section 5(3)
Criminal Law (Consolidation) (Scotland) Act 1995, section 6
Criminal Law (Consolidation) (Scotland) Act 1995, section 7(1) or (2)
Criminal Law (Consolidation) (Scotland) Act 1995, section 8(1) or (3)
Criminal Law (Consolidation) (Scotland) Act 1995, section 9
Criminal Law (Consolidation) (Scotland) Act 1995, section 10
Criminal Law (Consolidation) (Scotland) Act 1995, section 11
Criminal Law (Consolidation) (Scotland) Act 1995, section 13
Sexual Offences (Amendment) Act 2000, section 3
Nationality, Immigration and Asylum Act 2002, section 145
Criminal Justice (Northern Ireland) Order 2003, Article 19
Criminal Justice (Northern Ireland) Order 2003, Article 20
Criminal Justice (Northern Ireland) Order 2003, Article 21
[F36Criminal Justice (Scotland) Act 2003, section 22]
[F38Sexual Offences Act 2003, section 1]
Sexual Offences Act 2003, section 2
Sexual Offences Act 2003, section 3
Sexual Offences Act 2003, section 4
[F36Sexual Offences Act 2003, section 4(1)(a)]
Sexual Offences Act 2003, section 5
Sexual Offences Act 2003, section 6
Sexual Offences Act 2003, section 7
Sexual Offences Act 2003, section 8
Sexual Offences Act 2003, section 9
Sexual Offences Act 2003, section 10
Sexual Offences Act 2003, section 11
Sexual Offences Act 2003, section 12
Sexual Offences Act 2003, section 14
Sexual Offences Act 2003, section 15
Sexual Offences Act 2003, section 16
Sexual Offences Act 2003, section 17
Sexual Offences Act 2003, section 18
Sexual Offences Act 2003, section 19
Sexual Offences Act 2003, section 20
Sexual Offences Act 2003, section 25
Sexual Offences Act 2003, section 26
Sexual Offences Act 2003, section 47
Sexual Offences Act 2003, section 48
Sexual Offences Act 2003, section 49
Sexual Offences Act 2003, section 50
Sexual Offences Act 2003, section 52
Sexual Offences Act 2003, section 53
Sexual Offences Act 2003, section 57
Sexual Offences Act 2003, section 58
Sexual Offences Act 2003, section 59
[F36Sexual Offences Act 2003, section 59A]
Sexual Offences Act 2003, section 61
Sexual Offences Act 2003, section 62
Sexual Offences Act 2003, section 63
F39. . .
F40. . .
[F41Asylum and Immigration (Treatment of Claimants etc) Act 2004, section 4]
Domestic Violence, Crime and Victims Act 2004, section 5
Mental Capacity Act 2005, section 44
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 1
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 9
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 10
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 11
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 12
[F36Criminal Justice and Immigration Act 2008, section 63]
Sexual Offences (Northern Ireland) Order 2008, Article 6
Sexual Offences (Northern Ireland) Order 2008, Article 7
Sexual Offences (Northern Ireland) Order 2008, Article 8
Sexual Offences (Northern Ireland) Order 2008, Article 12
Sexual Offences (Northern Ireland) Order 2008, Article 13
Sexual Offences (Northern Ireland) Order 2008, Article 14
Sexual Offences (Northern Ireland) Order 2008, Article 15
Sexual Offences (Northern Ireland) Order 2008, Article 16
Sexual Offences (Northern Ireland) Order 2008, Article 17
Sexual Offences (Northern Ireland) Order 2008, Article 18
Sexual Offences (Northern Ireland) Order 2008, Article 19
Sexual Offences (Northern Ireland) Order 2008, Article 21
Sexual Offences (Northern Ireland) Order 2008, Article 22
Sexual Offences (Northern Ireland) Order 2008, Article 23
Sexual Offences (Northern Ireland) Order 2008, Article 24
Sexual Offences (Northern Ireland) Order 2008, Article 25
Sexual Offences (Northern Ireland) Order 2008, Article 26
Sexual Offences (Northern Ireland) Order 2008, Article 27
Sexual Offences (Northern Ireland) Order 2008, Article 32
Sexual Offences (Northern Ireland) Order 2008, Article 33
Sexual Offences (Northern Ireland) Order 2008, Article 37
Sexual Offences (Northern Ireland) Order 2008, Article 38
Sexual Offences (Northern Ireland) Order 2008, Article 39
Sexual Offences (Northern Ireland) Order 2008, Article 40
Sexual Offences (Northern Ireland) Order 2008, Article 62
Sexual Offences (Northern Ireland) Order 2008, Article 63
Sexual Offences (Northern Ireland) Order 2008, Article 65
Sexual Offences (Northern Ireland) Order 2008, Article 66
Sexual Offences (Northern Ireland) Order 2008, Article 67
F42. . .
F43. . .
[F36Coroners and Justice Act 2009, section 62
Sexual Offences (Scotland) Act 2009, section 1
Sexual Offences (Scotland) Act 2009, section 2
Sexual Offences (Scotland) Act 2009, section 3
Sexual Offences (Scotland) Act 2009, section 4
Sexual Offences (Scotland) Act 2009, section 11
Sexual Offences (Scotland) Act 2009, section 18
Sexual Offences (Scotland) Act 2009, section 19
Sexual Offences (Scotland) Act 2009, section 20]

Textual Amendments

Commencement Information

I4Sch. para. 4 in operation at 13.3.2009, see reg. 1

(1)

1955 c.18. So far as relevant, section 70 was amended by Schedule 1 to the Suicide Act 1961 (c.60), section 1(6) of the Genocide Act 1969 (c.12), section 5(1) of the Biological Weapons Act 1974 (c.6), section 7(1) of the Criminal Attempts Act 1981 (c.47),section 35(a) of the Chemical Weapons Act 1996 (c.6), section 12(a) of the Nuclear Explosions (Prohibition and Inspections) Act 1998 (c.7), section 74(2)(a) and (b), and (3) of, and Schedule 10 to, the International Criminal Court Act 2001 (c.17), and paragraph 9(a) and (b) of Schedule 6, and Schedule 7, to the Sexual Offences Act 2003 (c.42). Section 70 is to be repealed by Schedule 17 to the Armed Forces Act 2006 (c.52).

(2)

1955 c.19. So far as relevant, section 70 was amended by Schedule 1 to the Suicide Act 1961, section 1(6)(b) of the Genocide Act 1969, section 5(1) of the Biological Weapons Act 1974, section 7(1) of the Criminal Attempts Act 1981, section 35(b) of the Chemical Weapons Act 1996, section 12(b) of the Nuclear Explosions (Prohibition and Inspections) Act 1998, section 74(2)(a) and (b), and (3) of, and Schedule 10 to, the International Criminal Court Act 2001, and paragraph 10(a) and (b) of Schedule 6, and Schedule 7, to the Sexual Offences Act 2003. Section 70 is to be repealed by Schedule 17 to the Armed Forces Act 2006.

(3)

1957 c.53. So far as relevant, section 42 was amended by section 34(3) of the Armed Forces Act 1971 (c.33), section 7(1) of the Criminal Attempts Act 1981, paragraph 3 of Schedule 1, and Schedule 2, to the Armed Forces Act 1986 (c.21), paragraph 5(1) and (2) of Schedule 3, and paragraph 34(1), (2), (3) and (4) of Schedule 6, and Schedule 7, to the Armed Forces Act 2001 (c.19). Section 42 is to be repealed by Schedule 17 to the Armed Forces Act 2006.

(5)

1956 c.69. Section 1 was substituted by section 142 of the Criminal Justice and Public Order Act 1994 (c.33) (“the 1994 Act”) and repealed by paragraph 11 of Schedule 6 to the 2003 Act. Sections 2 to 7, 9 to 17 and 19 to 31 (referred to below) were also repealed by this provision of the 2003 Act.

(6)

1959 c.72. Section 128 was amended by paragraph 29 of Schedule 15 to the National Health Service Act 1977 (c.49), paragraph 15 of Schedule 4 to the Mental Health Act 1983 (c.20), and paragraph 2 of Schedule 4 to the Care Standards Act 2000 (c.14), and repealed in part by Schedule 16 to the National Health Service Act 1977.

(7)

S.I. 1986/595 (N.I. 4). Article 122(1)(a) was amended by Article 2 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755) (N.I. 2) and is to be repealed by paragraph 17 of Schedule 1 and by Schedule 3 to the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769) (N.I. 2) (“the 2008 Order”).

(8)

Article 123 was amended by Article 2 of the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429) (N.I. 2) and is to be repealed by paragraph 17 of Schedule 1 and by Schedule 3 to the 2008 Order.

(10)

Section 313 was amended by paragraph 70 of Schedule 28 to the Civil Partnership Act 2004 (c.33).

(11)

S.I. 2008/1769 (N.I. 2). The provisions of this Order referred to in this Schedule were not in force on the making of these Regulations.

(12)

1885 c.69. Section 4 was repealed by Schedule 4 to the Sexual Offences Act 1956, in relation to England and Wales, by Schedule 2 to the Sexual Offences (Scotland) Act 1976 (c.67), in relation to Scotland, and is to be repealed in relation to Northern Ireland by paragraph 5 of Schedule 1 and by Schedule 3 to the 2008 Order.

(13)

Section 5 was repealed by paragraph 11 of Schedule 6 to the Sexual Offences Act 2003 (“the 2003 Act”).

(14)

1976 c.67. The Sexual Offences (Scotland) Act 1976 was repealed by Schedule 3 to the Crime and Punishment (Scotland) Act 1997 (c.48).

(15)

1995 c.39. Section 5(2) was amended by section 14 of the Crime and Punishment (Scotland) Act 1997 (c.48). Section 5 was amended by section 15 of the Protection and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9).

(16)

Section 61 was repealed so far as relevant by paragraph 1 of Schedule 1 to The Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247) (N.I. 13).

(17)

Section 62 was repealed in relation to Northern Ireland by paragraph 4 of Schedule 6 and by Schedule 7 to the 2003 Act.

(18)

Section 11 was repealed by paragraph 5 of Schedule 6 to the 2003 Act.

(19)

1908 c.45. Sections 1 and 2 are to be repealed by paragraph 6 of Schedule 1 and by Schedule 3 to the 2008 Order.

(20)

Section 10 was repealed by paragraph 11(a) of Schedule 6 and by Schedule 7 to the 2003 Act.

(21)

Section 11 was repealed by paragraph 11(a) of Schedule 6 and by Schedule 7 to the 2003 Act.

(22)

Section 12 was amended by section 143 of the 1994 Act and sections 1 and 2 of the Sexual Offences (Amendment) Act 2000 (c.44) (“the 2000 Act”) and repealed by paragraph 11(a) of Schedule 6 and by Schedule 7 to the 2003 Act.

(23)

Section 13 was amended by section 2 of the 2000 Act and repealed by paragraph 11(a) of Schedule 6 and by Schedule 7 to the 2003 Act.

(24)

1971 c.38. Section 4 extends to Scotland and Northern Ireland (see section 40).

(25)

1976 c.67. Sections 2A and 2B were inserted by section 1 of the Incest and Related Offences (Scotland) Act 1986 (c.36) but repealed by paragraph 6 of Schedule 1 to the Crime and Punishment (Scotland) Act 1997 (c.48).

(26)

1979 c.2. Section 170 extends to Scotland and Northern Ireland

(27)

1876 c.36.

(28)

1980 c.62. Section 80 was repealed by Schedule 5 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40).

(29)

Section 13 was amended by sections 1 and 2 of the 2000 Act, section 10 of the Convention Rights (Compliance) (Scotland) Act 2001 (asp 7) and Schedule 5 to the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).

(30)

S.I. 2003/1247 (N.I. 13). Article 21 is to be repealed by paragraph 32 of Schedule 1 and by Schedule 3 to the 2008 Order.

(31)

Section 62(2) defines “relevant sexual offence”.

(32)

Section 63(2) provides that “relevant sexual offence” has the same meaning as in section 62(2).

(33)

Sections 66 and 67 are to be repealed in relation to Northern Ireland by Schedule 3 to the 2008 Order.

(34)

Article 66(2) defines “relevant sexual offence”.

(35)

Article 67(2) provides that “relevant sexual offence” has the same meaning as in Article 66.

(36)

Sections 53 to 55 are to be repealed by paragraph 4 of Schedule 1 and by Schedule 3 to the 2008 Order.

(37)

1885 c.69. Sections 2 to 8 are to be repealed in relation to Northern Ireland by paragraph 5 of Schedule 1 and by Schedule 3 to the 2008 Order. The Criminal Law Amendment Act 1885 was repealed in relation to England and Wales by Schedule 4 to the Sexual Offences Act 1956.

(38)

1898 c.39. The Vagrancy Act 1898 was repealed by Schedule 7 to the 2003 Act.

(39)

1933 c.12. Section 1 was amended by S.I. 1951/174, section 32(2) of the Magistrates’ Courts Act 1980 (c.43), section 45 of the Criminal Justice Act 1988 (c.33) and by paragraph 2 of Schedule 12 and paragraph 2 of Schedule 13 to the Children Act 1989 (c.41). It was repealed in part by paragraph 1 of Schedule 3 and by Schedule 5 to the Children and Young Persons Act 1963 (c.37), paragraph 13(1) of Schedule 2 and Part III of Schedule 3 to the Criminal Law Act 1967 (c.58), by Part III of Schedule 4 to the Children Act 1975 (c.72), Schedule 16 to the Criminal Justice Act 1988 and by section 58(5) of, and Part 5 of Schedule 5 to, the Children Act 2004 (c.31).

(40)

1937 c.37. Section 12(1) was amended by paragraph 2 of Schedule 3 to the Children Act 1975, section 45(1) and (2) of the Criminal Justice Act 1988 and by paragraph 7(2)(a) of Schedule 4 to the Children (Scotland) Act 1995 (c.36). It was repealed in part by Part III of Schedule 4 to the Children Act 1975.

(41)

1938 c.36. Section 1 was repealed in part by Part III of Schedule 3 to the Criminal law Act 1967.

(43)

Sections 2 to 7, 9 to 17 and 19 to 31 were repealed by Schedule 7 to the Sexual Offences Act 2003 (c.42) (“the 2003 Act”).

(44)

1959 c.72. Section 128 was amended by section 1(4) of the Sexual Offences Act 1967 (c.60) and by other provisions including paragraph 2 of Schedule 4 to the Care Standards Act 2000 (c.14), and was repealed by the 2003 Act.

(45)

1960 c.33. Section 1 was amended by section 39 of the Criminal Justice and Court Services Act 2000 (c.43) and repealed by Schedule 7 to the 2003 Act.

(46)

1967 c.60. Sections 4 and 5 were repealed by Schedule 7 to the 2003 Act.

(47)

1968 c.60. Section 9, in relation to intent to commit rape, was repealed by paragraph 17 of Schedule 6 to the 2003 Act.

(49)

Section 21 was amended by paragraph 18(2) of Schedule 6 to the 2003 Act.

(50)

Section 22 was amended by section 40 of the Criminal Justice and Court Services Act 2000.

(51)

Sections 2C and 4 were repealed by Schedule 3 to the Crime and Punishment (Scotland) Act 1997 (c.48).

(52)

1977 c.45. Section 54 was repealed by Schedule 7 to the 2003 Act.

(53)

1978 c.37. Section 1 was amended by section 84 of the Criminal Justice and Public Order Act 1994 (c.33) (“the 1994 Act”) and paragraph 24 of Schedule 6 to the 2003 Act.

(54)

S.I. 1978/1047 (N.I. 17). Article 3 was amended by section 84 of the 1994 Act.

(55)

S.I. 1980/704 (N.I. 6). Article 9 is to be repealed by paragraph 14 of Schedule 1 and by Schedule 3 to the 2008 Order.

(56)

S.I. 1982/1536 (N.I. 19). Articles 7 and 8 were repealed by Schedule 7 to the 2003 Act.

(57)

1982 c.45. Section 52 was amended by paragraph 89 of Schedule 15 to the Criminal Justice Act 1998, section 84(6) of, and paragraph 17 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c.33), S.I. 1995/127, and paragraph 44(3) of Schedule 4 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40).

(58)

Section 52A was inserted by section 161 of the Criminal Justice Act 1988.

(59)

Section 127 was amended by paragraph 9(1) and (8) of Schedule 4 to the Care Standards Act 2000 (c.14) and by section 42 of Mental Health Act 2007 (c.12). It was repealed in part by part 5 of Schedule 11 to the Mental Health Act 2007.

(60)

1984 c.37. Section 1 was amended by paragraph 37 of Schedule 12 to the Children Act 1989 (c.41) and paragraph 42 of Schedule 3 to the Adoption and Children Act 2002 (c.38), and repealed in part by Schedule 5 to the Adoption and Children Act 2002.

(61)

Section 2 was amended by paragraph 38 of Schedule 12 to the Children Act 1989.

(62)

Section 6 was amended by paragraph 20(a) of Schedule 1 to the Law Reform (Parent and Child) (Scotland) Act 1986 (c.9) and paragraph 34 of Schedule 4 to the Children (Scotland) Act 1995 (c.36). It was repealed in part by Schedule 2 to the Age of Legal Capacity (Scotland) Act 1991 (c.50).

(63)

1984 c.36. Section 105 was amended by paragraph 6 of Schedule 2 to the Mental Health (Patients in the Community) Act 1995 and by paragraph 11 of Schedule 3 to the Regulation of Care (Scotland) Act 2001 (asp 8). It was repealed in part by Schedule 6 to the Adults with Incapacity (Scotland) Act 2000 (asp 4).

(64)

Section 108 was repealed in part by Schedule 6 to the Adults with Incapacity (Scotland) Act 2000.

(65)

Section 109 was amended by paragraph 7 of Schedule 2 to the Mental Health (Patients in the Community) Act 1995.

(66)

S.I. 1985/1638 (N.I. 17). Article 3 was amended by paragraph 121 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755) (N.I. 2).

(67)

Article 4 was amended by paragraph 122 of Schedule 9 to the Children (Northern Ireland) Order 1995.

(68)

Article 121 was amended by Schedule 1 to the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429) (N.I. 2).

(69)

1988 c.33. Section 160 was amended by section 84 of the 1994 Act and paragraph 29 of Schedule 6 to the 2003 Act.

(71)

1995 c.39.

(72)

2000 c.44. Section 3 extends to Scotland and Northern Ireland (see section 7(2) and (4)) but was repealed in relation to England and Wales and Northern Ireland by the 2003 Act.

(73)

2002 c.41. Section 145 extends to Northern Ireland (see section 163(2)) but was repealed by the 2003 Act.

(75)

S.I. 2003/1247 (N.I. 13). Articles 19 and 20 are to be repealed by paragraph 32(b) and (c) of Schedule 1 and by Schedule 3 to the 2008 Order.

(76)

Sections 15 to 20 and 47 to 53 are to be repealed in relation to Northern Ireland by Schedule 3 to the 2008 Order.

(77)

Sections 57 to 59 extend to Northern Ireland (see section 142(2)(a)).

(78)

2004 c.28.

(79)

2005 c.9.

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