[F1(1)In this Part “sexual offence” means any offence under Part 1 of the Sexual Offences Act 2003 [F2or any relevant superseded offence].]
[F3(1A)In subsection (1) “relevant superseded offence” means—
(a)rape or burglary with intent to rape;
(b)an offence under any of sections 2 to 12 and 14 to 17 of the Sexual Offences Act 1956 (unlawful intercourse, indecent assault, forcible abduction etc.);
(c)an offence under section 128 of the Mental Health Act 1959 (unlawful intercourse with person receiving treatment for mental disorder by member of hospital staff etc.);
(d)an offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards child under 14);
(e)an offence under section 54 of the Criminal Law Act 1977 (incitement of child under 16 to commit incest).]
(2)In this Part any reference (including a reference having effect by virtue of this subsection) to an offence of any description (“the substantive offence”) is to be taken to include a reference to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, the substantive offence.
Textual Amendments
F1S. 62(1) substituted (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 6 para. 41(3); S.I. 2004/874, art. 2
F2Words in s. 62(1) inserted (retrospective to 1.5.2004) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. 26 paras. 37(2), 38
F3S. 62(1A) inserted (retrospective to 1.5.2004) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. 26 paras. 37(3), 38
Modifications etc. (not altering text)
C1S. 62 applied (with modifications) (31.10.2009) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 (S.I. 2009/2083), arts. 1, 11, 12
C2S. 62(2) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 37 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)