2010 No. 421
The Sexual Offences (Scotland) Act 2009 (Supplemental and Consequential Provisions) Order 2010
Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 58 of the Sexual Offences (Scotland) Act 20091 and all other powers enabling them to do so.
In accordance with section 59(3) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement1
This Order may be cited as the Sexual Offences (Scotland) Act 2009 (Supplemental and Consequential Provisions) Order 2010 and comes into force on 1st December 2010.
Supplemental and consequential provisions2
The Schedule, which amends certain enactments, has effect.
SCHEDULE
PART 1Amendment of Public General Acts
The Criminal Procedure (Scotland) Act 1995
1
1
The Criminal Procedure (Scotland) Act 19952 is amended as follows.
2
In section 19A (samples etc. from persons convicted of sexual and violent offences)3―
a
in subsection (6), in the definition of “relevant sexual offence”―
i
after paragraph (c) insert―
ca
abduction with intent to commit the statutory offence of rape;
ii
after paragraph (d) insert―
da
assault with intent to commit the statutory offence of rape;
b
after subsection (6) insert—
6A
In subsection (6)—
a
the references to “rape” in paragraphs (c) and (d) of the definition of “relevant sexual offence” are to the offence of rape at common law; and
b
the references in paragraphs (ca) and (da) of that subsection to “the statutory offence of rape” are (as the case may be) to―
i
the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009, or
ii
the offence of rape of a young child under section 18 of that Act.
3
In section 210A (extended sentences for sex and violent offenders)4―
a
in subsection (10), in the definition of “sexual offence”―
i
after paragraph (iii) insert―
iiia
abduction with intent to commit the statutory offence of rape;
ii
after paragraph (iv) insert―
iva
assault with intent to commit the statutory offence of rape;
b
for subsection (11) substitute―
11
In subsection (10)―
a
any reference to a “sexual offence” includes―
i
a reference to any attempt, conspiracy or incitement to commit that offence; and
ii
except in the case of an offence under paragraphs (i) to (viii) of the definition of “sexual offence” in that subsection, a reference to aiding and abetting, counselling or procuring the commission of that offence;
b
the references to “rape” in paragraphs (iii) and (iv) of the definition of “sexual offence” are to the offence of rape at common law; and
c
the references to “the statutory offence of rape” in paragraphs (iiia) and (iva) of that definition are (as the case may be) to―
i
the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009, or
ii
the offence of rape of a young child under section 18 of that Act.
4
In section 288C (prohibition of personal conduct of defence in cases of certain sexual offences)5―
a
in subsection (2)—
i
after paragraph (d) insert―
da
abduction with intent to commit the statutory offence of rape;
ii
after paragraph (e) insert―
ea
assault with intent to commit the statutory offence of rape;
b
after subsection (8) insert―
9
In subsection (2)―
a
the references to “rape” in paragraphs (d) and (e) are to the offence of rape at common law; and
b
the references to “the statutory offence of rape” in paragraphs (da) and (ea) are (as the case may be) to―
i
the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009, or
ii
the offence of rape of a young child under section 18 of that Act.
The Protection of Children (Scotland) Act 2003
2
1
Schedule 1 (offences against a child) to the Protection of Children (Scotland) Act 20036 is amended as follows.
2
At the end of paragraph 1 insert―
zi
assault with intent to commit an offence under section 18 (rape of a young child) of that Act;
zj
abduction with intent to commit an offence under section 18 (rape of a young child) of that Act
3
At the end of paragraph 2(dk) insert―
dl
commits the offence of assault with intent to commit an offence under section 1 (rape) of that Act in relation to a child;
dm
commits the offence of abduction with intent to commit an offence under section 1 (rape) of that Act in relation to a child;
The Sexual Offences Act 2003
3
In Schedule 3 (sexual offences for the purposes of Part 2) to the Sexual Offences Act 20037―
a
after paragraph 38 insert―
38A
Abduction with intent to commit rape under section 1 (rape) of the Sexual Offences (Scotland) Act 2009 (asp 9).
38B
Abduction with intent to commit rape under section 18 (rape of a young child) of that Act.
b
after paragraph 39 insert―
39A
Assault with intent to commit rape under section 1 (rape) of the Sexual Offences (Scotland) Act 2009.
39B
Assault with intent to commit rape under section 18 (rape of a young child) of that Act.
The Sexual Offences (Scotland) Act 2009
4
In the Sexual Offences (Scotland) Act 2009, in the third column of schedule 3 (alternative verdicts)―
a
in the entry for rape, after “Assault at common law” insert―
Assault with intent to commit rape at common law
Assault with intent to commit the offence of rape under section 1 of this Act
Assault with intent to commit the offence of rape of a young child
Abduction with intent to commit rape at common law
Abduction with intent to commit the offence of rape under section 1 of this Act
Abduction with intent to commit the offence of rape of a young child
An offence under section 1 (incest) of the Criminal Law (Consolidation) (Scotland) Act 1995
An offence under section 2 (intercourse with step-child) of that Act
b
in each of the entries for sexual assault by penetration, sexual assault, sexual coercion, rape of a young child, sexual assault on a young child by penetration, sexual assault on a young child and causing a young child to participate in a sexual activity after “Assault at common law” insert―
Assault with intent to commit rape at common law
Assault with intent to commit the offence of rape under section 1 of this Act
Assault with intent to commit the offence of rape of a young child
Abduction with intent to commit rape at common law
Abduction with intent to commit the offence of rape under section 1 of this Act
Abduction with intent to commit the offence of rape of a young child
PART 2Amendment of Scottish statutory instruments
The Victim Notification (Prescribed Offences) (Scotland) Order 2004
5
In the Schedule to the Victim Notification (Prescribed Offences) (Scotland) Order 20048―
a
in paragraph 9, after “Rape” insert “at common law”;
b
in paragraph 11, after “rape” insert “(at common law)”;
c
after paragraph 11 insert―
11A
Abduction with intent to commit the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9).
11B
Abduction with intent to commit the offence of rape of a young child under section 18 of that Act.
d
in paragraph 12, after “rape” insert “(at common law)”;
e
after paragraph 12 insert―
12A
Assault with intent to commit the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009.
12B
Assault with intent to commit the offence of rape under section 18 of that Act.
f
after paragraph 22 insert—
22A
An offence under the Sexual Offences (Scotland) Act 2009.
The Victim Statements (Prescribed Offences) (No. 2) (Scotland) Order 2009
6
In the Schedule (offences prescribed for the purposes of section 14(2) of the Criminal Justice (Scotland) Act 2003) to the Victim Statements (Prescribed Offences) (No. 2) (Scotland) Order 20099―
a
in paragraph 9, after “Rape” insert “at common law”;
b
in paragraph 11, after “rape” insert “(at common law)”;
c
after paragraph 11, insert―
11A
Abduction with intent to commit the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9).
11B
Abduction with intent to commit the offence of rape of a young child under section 18 of that Act.
d
in paragraph 12, after “rape” insert “(at common law)”;
e
after paragraph 12, insert―
12A
Assault with intent to commit the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009.
12B
Assault with intent to commit the offence of rape of a young child under section 18 of that Act.
f
after paragraph 17, insert—
17A
An offence under the Sexual Offences (Scotland) Act 2009.
The Adoptions with a Foreign Element (Scotland) Regulations 2009
7
In Schedule 1 (specified offences) to the Adoptions with a Foreign Element (Scotland) Regulations 200910—
a
in paragraph 1, after “rape” insert “(whether at common law or under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9))”;
b
in paragraph 2—
i
omit “and” where it appears at the end of sub-paragraph (b); and
ii
at the end of sub-paragraph (c) insert—
; and
d
an offence under section 37 of the Sexual Offences (Scotland) Act 2009 (older children engaging in sexual conduct with each other)
c
in paragraph 3—
i
omit “and” where it appears at the end of sub-paragraph (b); and
ii
at the end of sub-paragraph (c) insert—
; and
d
an offence under any of the following provisions of the Sexual Offences (Scotland) Act 2009—
i
section 28 (having intercourse with an older child);
ii
section 29 (engaging in penetrative sexual activity with or towards an older child);
iii
section 30 (engaging in sexual activity with or towards an older child);
iv
section 31 (causing an older child to participate in a sexual activity);
v
section 32 (causing an older child to be present during a sexual activity);
vi
section 33 (causing an older child to look at a sexual image);
vii
section 34 (communicating indecently with an older child etc.);
viii
section 35 (sexual exposure to an older child); and
ix
section 36 (voyeurism towards an older child)
(This note is not part of the Order)