Sexual Offences Act 2003

he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,

B does not consent to the penetration, and

A does not reasonably believe that B consents.

he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else,

the penetration is sexual,

B does not consent to the penetration, and

A does not reasonably believe that B consents.

he intentionally touches another person (B),

the touching is sexual,

B does not consent to the touching, and

A does not reasonably believe that B consents.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 10 years.

he intentionally causes another person (B) to engage in an activity,

the activity is sexual,

B does not consent to engaging in the activity, and

A does not reasonably believe that B consents.

penetration of B’s anus or vagina,

penetration of B’s mouth with a person’s penis,

penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

penetration of a person’s mouth with B’s penis,

on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 10 years.

he intentionally penetrates the vagina, anus or mouth of another person with his penis, and

the other person is under 13.

he intentionally penetrates the vagina or anus of another person with a part of his body or anything else,

the penetration is sexual, and

the other person is under 13.

he intentionally touches another person,

the touching is sexual, and

the other person is under 13.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 14 years.

he intentionally causes or incites another person (B) to engage in an activity,

the activity is sexual, and

B is under 13.

penetration of B’s anus or vagina,

penetration of B’s mouth with a person’s penis,

penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

penetration of a person’s mouth with B’s penis,

on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 14 years.

he intentionally touches another person (B),

the touching is sexual, and

penetration of B’s anus or vagina with a part of A’s body or anything else,

penetration of B’s mouth with A’s penis,

penetration of A’s anus or vagina with a part of B’s body, or

penetration of A’s mouth with B’s penis,

on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 14 years.

he intentionally causes or incites another person (B) to engage in an activity,

the activity is sexual, and

penetration of B’s anus or vagina,

penetration of B’s mouth with a person’s penis,

penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

penetration of a person’s mouth with B’s penis,

on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 14 years.

he intentionally engages in an activity,

the activity is sexual,

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 10 years.

for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,

the activity is sexual, and

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 10 years.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 5 years.

he intentionally arranges or facilitates something that he intends to do, intends another person to do, or believes that another person will do, in any part of the world, and

doing it will involve the commission of an offence under any of sections 9 to 13.

he arranges or facilitates something that he believes another person will do, but that he does not intend to do or intend another person to do, and

any offence within subsection (1)(b) would be an offence against a child for whose protection he acts.

protecting the child from sexually transmitted infection,

protecting the physical safety of the child,

preventing the child from becoming pregnant, or

promoting the child’s emotional well-being by the giving of advice,

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 14 years.

at the time, he intends to do anything to or in respect of B, during or after the meeting and in any part of the world, which if done will involve the commission by A of a relevant offence,

B is under 16, and

A does not reasonably believe that B is 16 or over.

the reference to A having met or communicated with B is a reference to A having met B in any part of the world or having communicated with B by any means from, to or in any part of the world;

subsection (1) has effect with the substitution of “ 17 ” for “16” in both places;

subsection (2)(b)(iii) has effect with the substitution of “ sub-paragraph (ii) if done in Northern Ireland ” for “sub-paragraph (i) if done in England and Wales”.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 10 years.

he intentionally touches another person (B),

the touching is sexual,

A is in a position of trust in relation to B,

where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and

is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and

is not in such a position of trust by virtue of other circumstances.

it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and

it is not proved that he was in such a position of trust by virtue of other circumstances,

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 5 years.

he intentionally causes or incites another person (B) to engage in an activity,

the activity is sexual,

A is in a position of trust in relation to B,

where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and

is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and

is not in such a position of trust by virtue of other circumstances.

it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and

it is not proved that he was in such a position of trust by virtue of other circumstances,

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 5 years.

he intentionally engages in an activity,

the activity is sexual,

A is in a position of trust in relation to B,

where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and

is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and

is not in such a position of trust by virtue of other circumstances.

it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and

it is not proved that he was in such a position of trust by virtue of other circumstances,

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 5 years.

for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,

the activity is sexual,

A is in a position of trust in relation to B,

where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and

is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and

is not in such a position of trust by virtue of other circumstances.

it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and

it is not proved that he was in such a position of trust by virtue of other circumstances,

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 5 years.

any of the following subsections applies, or

any condition specified in an order made by the Secretary of State is met.

accommodation and maintenance are provided by an authority under section 23(2) of the Children Act 1989 (c. 41) or Article 27(2) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)), or

accommodation is provided by a voluntary organisation under section 59(1) of that Act or Article 75(1) of that Order,

a hospital,

an independent clinic,

a care home, residential care home or private hospital,

a community home, voluntary home or children’s home,

a home provided under section 82(5) of the Children Act 1989, or

a residential family centre,

sections 8 to 10 of the Employment and Training Act 1973 (c. 50), or

section 114 of the Learning and Skills Act 2000 (c. 21),

in the exercise of functions of a local authority under section 20 or 21 of the Children Act 1989 (c. 41), or

in the exercise of functions of an authority under Article 21 or 23 of the Children (Northern Ireland) Order 1995.

section 23B(2) of, or paragraph 19C of Schedule 2 to, the Children Act 1989, or

Article 34A(10) or 34C(2) of the Children (Northern Ireland) Order 1995,

B is subject to a care order, a supervision order or an education supervision order, and

in the exercise of functions conferred by virtue of the order on an authorised person or the authority designated by the order, A looks after B on an individual basis.

is an officer of the Service F1or Welsh family proceedings officer (within the meaning given by section 35 of the Children Act 2004) appointed for B under section 41(1) of the Children Act 1989,

is appointed a children’s guardian of B under rule 6 or rule 18 of the Adoption Rules 1984 (S.I. 1984/265), or

is appointed to be the guardian ad litem of B under rule 9.5 of the Family Proceedings Rules 1991 (S. I. 1991/1247) or under Article 60(1) of the Children (Northern Ireland) Order 1995,

B is subject to requirements imposed by or under an enactment on his release from detention for a criminal offence, or is subject to requirements imposed by a court order made in criminal proceedings, and

A looks after B on an individual basis in pursuance of the requirements.

A is regularly involved in caring for, training or supervising B, and

in the course of his involvement, A regularly has unsupervised contact with B (whether face to face or by any other means).

he is registered or otherwise enrolled as a pupil or student at the institution, or

he receives education at the institution under arrangements with another educational institution at which he is so registered or otherwise enrolled.

B is 16 or over, and

A and B are lawfully married F4or civil partners of each other.

he intentionally touches another person (B),

the touching is sexual,

the relation of A to B is within section 27,

A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and

where subsection (6) applies, on conviction on indictment to imprisonment for a term not exceeding 14 years;

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 5 years.

penetration of B’s anus or vagina with a part of A’s body or anything else,

penetration of B’s mouth with A’s penis,

penetration of A’s anus or vagina with a part of B’s body, or

penetration of A’s mouth with B’s penis.

he intentionally incites another person (B) to touch, or allow himself to be touched by, A,

the touching is sexual,

the relation of A to B is within section 27,

A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and

where subsection (6) applies, on conviction on indictment to imprisonment for a term not exceeding 14 years;

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 5 years.

penetration of B’s anus or vagina with a part of A’s body or anything else,

penetration of B’s mouth with A’s penis,

penetration of A’s anus or vagina with a part of B’s body, or

penetration of A’s mouth with B’s penis.

it is within any of subsections (2) to (4), or

it would be within one of those subsections but for F6section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 (c. 38) (status conferred by adoption).

one of them is the other’s parent, grandparent, brother, sister, half-brother, half-sister, aunt or uncle, or

A is or has been B’s foster parent.

one of them is or has been the other’s step-parent,

A and B are cousins,

one of them is or has been the other’s stepbrother or stepsister, or

the parent or present or former foster parent of one of them is or has been the other’s foster parent.

A and B live in the same household, and

A is regularly involved in caring for, training, supervising or being in sole charge of B.

“aunt” means the sister or half-sister of a person’s parent, and “uncle” has a corresponding meaning;

“cousin” means the child of an aunt or uncle;

a person is another’s partner (whether they are of different sexes or the same sex) if they live together as partners in an enduring family relationship;

“step-parent” includes a parent’s partner and “stepbrother” and “stepsister” include the child of a parent’s partner.

B is 16 or over, and

A and B are lawfully married F8or civil partners of each other.

the relation of A to B is not within subsection (2) of section 27,

it would not be within that subsection if F10section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 (c. 38) did not apply, and

immediately before the relation of A to B first became such as to fall within section 27, a sexual relationship existed between A and B.

he intentionally touches another person (B),

the touching is sexual,

B is unable to refuse because of or for a reason related to a mental disorder, and

A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse.

he lacks the capacity to choose whether to agree to the touching (whether because he lacks sufficient understanding of the nature or reasonably foreseeable consequences of what is being done, or for any other reason), or

he is unable to communicate such a choice to A.

penetration of B’s anus or vagina with a part of A’s body or anything else,

penetration of B’s mouth with A’s penis,

penetration of A’s anus or vagina with a part of B’s body, or

penetration of A’s mouth with B’s penis,

on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 14 years.

he intentionally causes or incites another person (B) to engage in an activity,

the activity is sexual,

B is unable to refuse because of or for a reason related to a mental disorder, and

A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse.

he lacks the capacity to choose whether to agree to engaging in the activity caused or incited (whether because he lacks sufficient understanding of the nature or reasonably foreseeable consequences of the activity, or for any other reason), or

he is unable to communicate such a choice to A.

penetration of B’s anus or vagina,

penetration of B’s mouth with a person’s penis,

penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

penetration of a person’s mouth with B’s penis,

on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 14 years.

he intentionally engages in an activity,

the activity is sexual,

B is unable to refuse because of or for a reason related to a mental disorder, and

A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse.

he lacks the capacity to choose whether to agree to being present (whether because he lacks sufficient understanding of the nature of the activity, or for any other reason), or

he is unable to communicate such a choice to A.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 10 years.

for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,

the activity is sexual,

B is unable to refuse because of or for a reason related to a mental disorder, and

A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse.

he lacks the capacity to choose whether to agree to watching or looking (whether because he lacks sufficient understanding of the nature of the activity, or for any other reason), or

he is unable to communicate such a choice to A.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 10 years.

with the agreement of another person (B) he intentionally touches that person,

the touching is sexual,

A obtains B’s agreement by means of an inducement offered or given, a threat made or a deception practised by A for that purpose,

B has a mental disorder, and

A knows or could reasonably be expected to know that B has a mental disorder.

penetration of B’s anus or vagina with a part of A’s body or anything else,

penetration of B’s mouth with A’s penis,

penetration of A’s anus or vagina with a part of B’s body, or

penetration of A’s mouth with B’s penis,

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 14 years.

by means of an inducement offered or given, a threat made or a deception practised by him for this purpose, he intentionally causes another person (B) to engage in, or to agree to engage in, an activity,

the activity is sexual,

B has a mental disorder, and

A knows or could reasonably be expected to know that B has a mental disorder.

penetration of B’s anus or vagina,

penetration of B’s mouth with a person’s penis,

penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

penetration of a person’s mouth with B’s penis,

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 14 years.

he intentionally engages in an activity,

the activity is sexual,

B agrees to be present or in the place referred to in paragraph (c)(i) because of an inducement offered or given, a threat made or a deception practised by A for the purpose of obtaining that agreement,

B has a mental disorder, and

A knows or could reasonably be expected to know that B has a mental disorder.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 10 years.

for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,

the activity is sexual,

B agrees to watch or look because of an inducement offered or given, a threat made or a deception practised by A for the purpose of obtaining that agreement,

B has a mental disorder, and

A knows or could reasonably be expected to know that B has a mental disorder.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 10 years.

he intentionally touches another person (B),

the touching is sexual,

B has a mental disorder,

A knows or could reasonably be expected to know that B has a mental disorder, and

A is involved in B’s care in a way that falls within section 42.

penetration of B’s anus or vagina with a part of A’s body or anything else,

penetration of B’s mouth with A’s penis,

penetration of A’s anus or vagina with a part of B’s body, or

penetration of A’s mouth with B’s penis,

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 10 years.

he intentionally causes or incites another person (B) to engage in an activity,

the activity is sexual,

B has a mental disorder,

A knows or could reasonably be expected to know that B has a mental disorder, and

A is involved in B’s care in a way that falls within section 42.

penetration of B’s anus or vagina,

penetration of B’s mouth with a person’s penis,

penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

penetration of a person’s mouth with B’s penis,

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 10 years.

he intentionally engages in an activity,

the activity is sexual,

B has a mental disorder,

A knows or could reasonably be expected to know that B has a mental disorder, and

A is involved in B’s care in a way that falls within section 42.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 7 years.

for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,

the activity is sexual,

B has a mental disorder,

A knows or could reasonably be expected to know that B has a mental disorder, and

A is involved in B’s care in a way that falls within section 42.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 7 years.

B is accommodated and cared for in a care home, community home, voluntary home or children’s home, and

A has functions to perform in the home in the course of employment which have brought him or are likely to bring him into regular face to face contact with B.

by a National Health Service body or an independent medical agency, or

in an independent clinic or an independent hospital,

is, whether or not in the course of employment, a provider of care, assistance or services to B in connection with B’s mental disorder, and

as such, has had or is likely to have regular face to face contact with B.

B is 16 or over, and

A and B are lawfully married F13or civil partners of each other.

he intentionally obtains for himself the sexual services of another person (B),

before obtaining those services, he has made or promised payment for those services to B or a third person, or knows that another person has made or promised such a payment, and

where subsection (6) applies, on conviction on indictment, to imprisonment for a term not exceeding 14 years;

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 7 years.

penetration of B’s anus or vagina with a part of A’s body or anything else,

penetration of B’s mouth with A’s penis,

penetration of A’s anus or vagina with a part of B’s body or by B with anything else, or

penetration of A’s mouth with B’s penis.

he intentionally causes or incites another person (B) to become a prostitute, or to be involved in pornography, in any part of the world, and

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 14 years.

he intentionally controls any of the activities of another person (B) relating to B’s prostitution or involvement in pornography in any part of the world, and

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 14 years.

he intentionally arranges or facilitates the prostitution or involvement in pornography in any part of the world of another person (B), and

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 14 years.

he intentionally causes or incites another person to become a prostitute in any part of the world, and

he does so for or in the expectation of gain for himself or a third person.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 7 years.

he intentionally controls any of the activities of another person relating to that person’s prostitution in any part of the world, and

he does so for or in the expectation of gain for himself or a third person.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 7 years.

A makes or promises payment for the sexual services of a prostitute (B),

a third person (C) has engaged in exploitative conduct of a kind likely to induce or encourage B to provide the sexual services for which A has made or promised payment, and

C engaged in that conduct for or in the expectation of gain for C or another person (apart from A or B).

where in the world the sexual services are to be provided and whether those services are provided,

whether A is, or ought to be, aware that C has engaged in exploitative conduct.

C uses force, threats (whether or not relating to violence) or any other form of coercion, or

C practises any form of deception.

any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount; or

the goodwill of any person which is or appears likely, in time, to bring financial advantage.

he intends to do anything to or in respect of B, after B’s arrival but in any part of the world, which if done will involve the commission of a relevant offence, or

he believes that another person is likely to do something to or in respect of B, after B’s arrival but in any part of the world, which if done will involve the commission of a relevant offence.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 14 years.

he intends to do anything to or in respect of B, during or after the journey and in any part of the world, which if done will involve the commission of a relevant offence, or

he believes that another person is likely to do something to or in respect of B, during or after the journey and in any part of the world, which if done will involve the commission of a relevant offence.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 14 years.

he intends to do anything to or in respect of B, after B’s departure but in any part of the world, which if done will involve the commission of a relevant offence, or

he believes that another person is likely to do something to or in respect of B, after B’s departure but in any part of the world, which if done will involve the commission of a relevant offence.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 14 years.

an offence under this Part,

an offence under section 1(1)(a) of the Protection of Children Act 1978 (c. 37),

an offence listed in Schedule 1 to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)),

an offence under Article 3(1)(a) of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)), or

anything done outside England and Wales and Northern Ireland which is not an offence within any of paragraphs (a) to (d) but would be if done in England and Wales or Northern Ireland.

owned the vehicle at the time the offence was committed;

was at that time a director, secretary or manager of a company which owned the vehicle;

was at that time in possession of the vehicle under a hire-purchase agreement;

was at that time a director, secretary or manager of a company which was in possession of the vehicle under a hire-purchase agreement; or

was driving the vehicle in the course of the commission of the offence.

owned the ship or aircraft at the time the offence was committed;

was at that time a director, secretary or manager of a company which owned the ship or aircraft;

was at that time in possession of the ship or aircraft under a hire-purchase agreement;

was at that time a director, secretary or manager of a company which was in possession of the ship or aircraft under a hire-purchase agreement;

was at that time a charterer of the ship or aircraft; or

committed the offence while acting as captain of the ship or aircraft.

in the case of a ship, if subsection (5) or (6) applies;

in the case of an aircraft, if subsection (5) or (7) applies.

until a decision is taken as to whether or not to charge the arrested person with that offence;

if the arrested person has been charged, until he is acquitted, the charge against him is dismissed or the proceedings are discontinued; or

if he has been charged and convicted, until the court decides whether or not to order forfeiture of the vehicle, ship or aircraft.

he owns the vehicle, ship or aircraft;

he was, immediately before the detention of the vehicle, ship or aircraft, in possession of it under a hire-purchase agreement; or

he is a charterer of the ship or aircraft.

the arrested person is convicted; and

an order for its forfeiture is made under section 60A.

knowing that B does not consent, and

with the intention of stupefying or overpowering B, so as to enable any person to engage in a sexual activity that involves B.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 10 years.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 10 years.

he is a trespasser on any premises,

he intends to commit a relevant sexual offence on the premises, and

he knows that, or is reckless as to whether, he is a trespasser.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 10 years.

he intentionally penetrates another person’s vagina or anus with a part of his body or anything else, or penetrates another person’s mouth with his penis,

the penetration is sexual,

the other person (B) is aged 18 or over,

A is related to B in a way mentioned in subsection (2), and

A knows or could reasonably be expected to know that he is related to B in that way.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 2 years.

section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or

section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date),

another person (B) penetrates A’s vagina or anus with a part of B’s body or anything else, or penetrates A’s mouth with B’s penis,

A consents to the penetration,

the penetration is sexual,

B is aged 18 or over,

A is related to B in a way mentioned in subsection (2), and

A knows or could reasonably be expected to know that he is related to B in that way.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 2 years.

section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or

section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date),

he intentionally exposes his genitals, and

he intends that someone will see them and be caused alarm or distress.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 2 years.

for the purpose of obtaining sexual gratification, he observes another person doing a private act, and

he knows that the other person does not consent to being observed for his sexual gratification.

he operates equipment with the intention of enabling another person to observe, for the purpose of obtaining sexual gratification, a third person (B) doing a private act, and

he knows that B does not consent to his operating equipment with that intention.

he records another person (B) doing a private act,

he does so with the intention that he or a third person will, for the purpose of obtaining sexual gratification, look at an image of B doing the act, and

he knows that B does not consent to his recording the act with that intention.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 2 years.

the person’s genitals, buttocks or breasts are exposed or covered only with underwear,

the person is using a lavatory, or

the person is doing a sexual act that is not of a kind ordinarily done in public.

he intentionally performs an act of penetration with his penis,

what is penetrated is the vagina or anus of a living animal, and

he knows that, or is reckless as to whether, that is what is penetrated.

A intentionally causes, or allows, A’s vagina or anus to be penetrated,

the penetration is by the penis of a living animal, and

A knows that, or is reckless as to whether, that is what A is being penetrated by.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 2 years.

he intentionally performs an act of penetration with a part of his body or anything else,

what is penetrated is a part of the body of a dead person,

he knows that, or is reckless as to whether, that is what is penetrated, and

the penetration is sexual.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 2 years.

he is in a lavatory to which the public or a section of the public has or is permitted to have access, whether on payment or otherwise,

he intentionally engages in an activity, and,

the activity is sexual.

constituted an offence under the law in force in that country or territory, and

would constitute a sexual offence to which this section applies if it had been done in England and Wales or in Northern Ireland,

stating that, on the facts as alleged with respect to the act in question, the condition is not in his opinion met,

showing his grounds for that opinion, and

requiring the prosecution to prove that it is met.

protecting the child from sexually transmitted infection,

protecting the physical safety of the child,

preventing the child from becoming pregnant, or

promoting the child’s emotional well-being by the giving of advice,

an offence under any of sections 5 to 7 (offences against children under 13);

an offence under section 9 (sexual activity with a child);

an offence under section 13 which would be an offence under section 9 if the offender were aged 18;

an offence under any of sections 16, 25, 30, 34 and 38 (sexual activity) against a person under 16.

that the defendant did the relevant act,

that any of the circumstances specified in subsection (2) existed, and

that the defendant knew that those circumstances existed,

any person was, at the time of the relevant act or immediately before it began, using violence against the complainant or causing the complainant to fear that immediate violence would be used against him;

any person was, at the time of the relevant act or immediately before it began, causing the complainant to fear that violence was being used, or that immediate violence would be used, against another person;

the complainant was, and the defendant was not, unlawfully detained at the time of the relevant act;

the complainant was asleep or otherwise unconscious at the time of the relevant act;

because of the complainant’s physical disability, the complainant would not have been able at the time of the relevant act to communicate to the defendant whether the complainant consented;

any person had administered to or caused to be taken by the complainant, without the complainant’s consent, a substance which, having regard to when it was administered or taken, was capable of causing or enabling the complainant to be stupefied or overpowered at the time of the relevant act.

that the complainant did not consent to the relevant act, and

that the defendant did not believe that the complainant consented to the relevant act.

the defendant intentionally deceived the complainant as to the nature or purpose of the relevant act;

the defendant intentionally induced the complainant to consent to the relevant act by impersonating a person known personally to the complainant.

with any part of the body,

with anything else,

through anything,

he is convicted of an offence listed in Schedule 3;

he is found not guilty of such an offence by reason of insanity;

he is found to be under a disability and to have done the act charged against him in respect of such an offence; or

in England and Wales or Northern Ireland, he is cautioned in respect of such an offence.

he was convicted of an offence listed in Schedule 3;

he was found not guilty of such an offence by reason of insanity;

he was found to be under a disability and to have done the act charged against him in respect of such an offence; or

in England and Wales or Northern Ireland, he was cautioned in respect of such an offence.

had not been dealt with in respect of the offence;

was serving a sentence of imprisonment or a term of service detention, or was subject to a community order, in respect of the offence;

was subject to supervision, having been released from prison after serving the whole or part of a sentence of imprisonment in respect of the offence; or

was detained in a hospital or was subject to a guardianship order, following the conviction.

had not been dealt with in respect of the finding; or

was detained in a hospital, following the finding.

section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders);

section 2 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders made in England and Wales);

section 2A of the Crime and Disorder Act 1998 (interim orders made in England and Wales);

section 20 of the Crime and Disorder Act 1998 (sex offender orders and interim orders made in Scotland);

Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland);

Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (interim orders made in Northern Ireland).

to consecutive terms of imprisonment; or

to terms of imprisonment which are partly concurrent.

in the case of consecutive terms, is equal to the aggregate of those terms;

in the case of partly concurrent terms (X and Y, which overlap for a period Z), is equal to X plus Y minus Z.

in the case of a person within section 80(1)(a) or 81(1)(a), the date of the conviction;

in the case of a person within section 80(1)(b) or (c) or 81(1)(b) or (c), the date of the finding;

in the case of a person within section 80(1)(d) or 81(1)(d), the date of the caution;

in the case of a person within section 81(7), the date which, for the purposes of Part 1 of the Sex Offenders Act 1997 (c. 51), was the relevant date in relation to that person.

immediately before the conviction, finding or caution, he was subject to the notification requirements of this Part as a result of another conviction, finding or caution or an order of a court (“the earlier event”),

at that time, he had made a notification under subsection (1) in respect of the earlier event, and

throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.

immediately before the order was made, he was subject to the notification requirements of this Part as a result of another conviction, finding or caution or an order of a court (“the earlier event”),

at that time, he had made a notification under subsection (1) in respect of the earlier event, and

throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.

the relevant offender’s date of birth;

his national insurance number;

his name on the relevant date and, where he used one or more other names on that date, each of those names;

his home address on the relevant date;

his name on the date on which notification is given and, where he uses one or more other names on that date, each of those names;

his home address on the date on which notification is given;

the address of any other premises in the United Kingdom at which, at the time the notification is given, he regularly resides or stays.

whether he has any passports and, in relation to each passport he has, the details set out in subsection (5A);

such other information, about him or his personal affairs, as the Scottish Ministers may prescribe in regulations.

the issuing authority;

the number;

the dates of issue and expiry;

the name and date of birth given as being those of the passport holder.

remanded in or committed to custody by an order of a court;

serving a sentence of imprisonment or a term of service detention;

detained in a hospital; or

outside the United Kingdom.

the address of his sole or main residence in the United Kingdom, or

where he has no such residence, the address or location of a place in the United Kingdom where he can regularly be found and, if there is more than one such place, such one of those places as the person may select.

a United Kingdom passport within the meaning of the Immigration Act 1971 (c. 77);

a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;

a document that can be used (in some or all circumstances) instead of a passport.

his using a name which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997 (c. 51),

any change of his home address,

his having resided or stayed, for a qualifying period, at any premises in the United Kingdom the address of which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997, or

his release from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital,

the notification does not affect the duty imposed by subsection (1), and

the relevant offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified.

a period of 7 days, or

two or more periods, in any period of 12 months, which taken together amount to 7 days.

his using a name which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997 (c. 51),

any change of his home address,

his having resided or stayed, for a qualifying period, at any premises in the United Kingdom the address of which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997, F143. . .

his release from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital,

his losing or ceasing to have a passport notified to the police under section 83(1) or this subsection,

his receiving a passport which has not been notified to the police under section 83(1) or this subsection, or

the occurrence, in relation to information required to be notified by virtue of regulations made under section 83(5)(i), of an event prescribed by the Scottish Ministers in regulations,

the notification does not affect the duty imposed by subsection (1), and

the relevant offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified.

a period of 7 days, or

two or more periods, in any period of 12 months, which taken together amount to 7 days.

the commencement of this Part (but only in the case of a person who is a relevant offender from that commencement);

any notification given by the relevant offender under section 83(1) or 84(1); and

any notification given by him under subsection (1).

remanded in or committed to custody by an order of a court,

serving a sentence of imprisonment or a term of service detention,

detained in a hospital, or

outside the United Kingdom.

to give in accordance with the regulations, before they leave, a notification under subsection (2);

if they subsequently return to the United Kingdom, to give in accordance with the regulations a notification under subsection (3).

the date on which the offender will leave the United Kingdom;

the country (or, if there is more than one, the first country) to which he will travel and his point of arrival (determined in accordance with the regulations) in that country;

any other information prescribed by the regulations which the offender holds about his departure from or return to the United Kingdom or his movements while outside the United Kingdom.

attending at such police station in his local police area as the Secretary of State may by regulations prescribe or, if there is more than one, at any of them, and

giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.

in relation to a prospective change of home address, or

in relation to premises referred to in subsection (1)(c) of that section,

take his fingerprints,

photograph any part of him, or

do both these things.

attending at such police station in his local police area as the Secretary of State may by regulations prescribe or, if there is more than one, at any of them, and

giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.

in relation to a prospective change of home address, or

in relation to premises referred to in subsection (1)(c) of that section,

allow the officer or person to photograph any part of the offender,

allow the officer or person to take from the offender, or provide to the officer or person, such relevant physical data as the officer or person considers appropriate,

allow the officer or person to take from the offender any sample mentioned in any of paragraphs (a) to (c) of subsection (6) of section 18 of the Criminal Procedure (Scotland) Act 1995 by the means specified in that paragraph in relation to that sample,

allow the officer or person to take from the offender any sample mentioned in subsection (6A) of that section by the means specified in that subsection.

the police area in which his home address is situated;

in the absence of a home address, the police area in which the home address last notified is situated;

in the absence of a home address and of any such notification, the police area in which the court which last dealt with the person in a way mentioned in subsection (4) is situated.

dealing with a person in respect of an offence listed in Schedule 3 or a finding in relation to such an offence;

dealing with a person in respect of an offence under section 128 or a finding in relation to such an offence;

making, in respect of a person, a notification order, interim notification order, sexual offences prevention order or interim sexual offences prevention order;

making, in respect of a person, an order under section 2, 2A or 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim orders made in England and Wales or Scotland) or Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders and interim orders made in Northern Ireland);

a person who, on or after the date on which this section comes into force, becomes subject to the notification requirements of this Part for an indefinite period by virtue of section 80(1) or a notification order made under section 97(5); and

where the relevant sex offender was aged 18 or over on the relevant date, the date falling 15 years after that date;

where the relevant sex offender was aged under 18 on the relevant date, the date falling 8 years after that date.

remanded in or committed to custody by order of a court;

serving a sentence of imprisonment or a term of service detention;

detained in hospital; or

outside the United Kingdom,

in relation to a relevant sex offender who is subject to the notification requirements of this Part for an indefinite period by virtue of section 80(1) or 81(1), has the meaning applicable to that offender specified in section 82(6)(a) to (c);

in relation to a relevant sex offender who is subject to the notification requirements of this Part for an indefinite period by virtue of a notification order made under section 97(5), has the meaning applicable to that offender specified in section 98(2).

make a notification continuation order in respect of the relevant sex offender; or

notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the date of discharge.

the period of time which has elapsed since the relevant sex offender committed the offence (or offences);

where the relevant sex offender falls within section 88A(1)(b)(ii), whether the relevant sex offender committed any offence under section 3 of the Sex Offenders Act 1997;

whether the relevant sex offender has committed any offence under section 91 of this Act;

the age of the relevant sex offender at the time of the decision;

the age of the relevant sex offender at the time the offence (or offences) referred to in paragraph (a) was (or were) committed;

the age of any person who was a victim of any such offence (where applicable) and the difference in age between the victim and the relevant sex offender at the time the offence was committed;

any convictions or findings made by a court in respect of the relevant sex offender for any other offence listed in Schedule 3;

any caution which the relevant sex offender has received for an offence in England and Wales or Northern Ireland which is listed in Schedule 3;

whether any criminal proceedings for any offences listed in Schedule 3 have been instituted against the relevant sex offender but have not concluded;

any assessment of the risk posed by the relevant sex offender which has been made by the responsible authorities under the joint arrangements for managing and assessing risk established under section 10 of the Management of Offenders etc. (Scotland) Act 2005;

any other submission or evidence of the risk of sexual harm posed by the relevant sex offender to the public, or any particular members of the public, in the United Kingdom;

any submission or evidence presented by or on behalf of the relevant sex offender which demonstrates that the relevant sex offender does not pose a risk of sexual harm to the public, or any particular members of the public, in the United Kingdom; and

any other matter which the relevant chief constable considers to be appropriate.

the reasons why the order was made; and

the reasons for the determination of the fixed period in the order.

the relevant chief constable sending a copy of the order to the relevant sex offender by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or

a constable serving a copy of the order on the relevant sex offender.

was aged under 18 on the relevant date; and

after disregarding any time referred to in subsection (2), has been subject to the notification requirements of Part 1 of the Sex Offenders Act 1997 and this Part for a total period of at least 8 years on the date on which this section comes into force.

remanded in or committed to custody by order of the court;

serving a sentence of imprisonment or a term of service detention;

detained in hospital; or

outside the United Kingdom,

make a notification continuation order in respect of the relevant sex offender; or

notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the applicable date.

make another notification continuation order in respect of the relevant sex offender; or

notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the further date of discharge.

make the order sought in the application; or

make a notification continuation order in respect of the relevant sex offender.

a reference to the relevant chief constable is to be read as a reference to the sheriff;

if an application under subsection (1) is made in relation to the failure of the relevant chief constable to comply with section 88D(3), the reference to the date of discharge in section 88C(2) is to be read as a reference to the applicable date; and

if an application under subsection (1) is made in relation to the failure of the relevant chief constable to comply with section 88E(1), the reference to the date of discharge in section 88C(2) is to be read as a reference to the further date of discharge.

sent by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or

personally served on the relevant sex offender and the relevant chief constable.

the obligations that would (apart from this subsection) be imposed by or under sections 83 to 86 on the young offender are to be treated instead as obligations on the parent, and

the parent must ensure that the young offender attends at the police station with him, when a notification is being given.

until the young offender attains the age of 18 (or, where a court in Scotland gives the direction, 16); or

for such shorter period as the court may, at the time the direction is given, direct.

who resides in his police area, or who the chief officer believes is in or is intending to come to his police area, and

who the chief officer believes is under 18.

who resides in that area, or who the chief constable believes is in or is intending to come to that area, and

who the chief constable believes is under 16.

the young offender;

the parent;

the chief officer of police for the area in which the young offender resides;

a chief officer of police who believes that the young offender is in, or is intending to come to, his police area;

where the direction was made on an application under section 89(4), the chief officer of police who made the application;

where the direction was made on an application under section 89(5), the chief constable who made the application.

where the appropriate court is the Crown Court (or in Scotland a criminal court), in accordance with rules of court;

in any other case, by complaint (or, in Scotland, by summary application).

where the Court of Appeal made the order, the Crown Court;

in any other case, the court that made the direction under section 89(1).

fails, without reasonable excuse, to comply with section 83(1), 84(1), 84(4)(b), 85(1), 87(4) or 89(2)(b) or any requirement imposed by regulations made under section 86(1); or

notifies to the police, in purported compliance with section 83(1), 84(1) or 85(1) or any requirement imposed by regulations made under section 86(1), any information which he knows to be false.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 5 years.

fails, without reasonable excuse, to comply with section 83(1), 84(1), 84(4)(b), 85(1), F14987(5A)F150or (5B) or 89(2)(b) or any requirement imposed by regulations made under section 86(1); or

notifies to the police, in purported compliance with section 83(1), 84(1) or 85(1) or any requirement imposed by regulations made under section 86(1), any information which he knows to be false.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

on conviction on indictment, to imprisonment for a term not exceeding 5 years.

which has convicted the accused of an offence if the accused is subject to the notification requirements of this Part by virtue of that conviction; or

which has made an order under section 104(1)(b) in respect of the accused if the accused is subject to those requirements by virtue of that order.

convicted of an offence listed in Schedule 3;

found not guilty of such an offence by reason of insanity; or

found to be under a disability and to have done the act charged against him in respect of such an offence.

certifies those facts, whether at the time or subsequently,

informs the person that he has been cautioned on that date and that the offence in question is an offence listed in Schedule 3, and

certifies those facts, whether at the time or subsequently, in such form as the Secretary of State may by order prescribe,