Sexual Offences Act 2003
2003 c. 42
An Act to make new provision about sexual offences, their prevention and the protection of children from harm from other sexual acts, and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part 1Sexual Offences
Rape
1Rape
1
A person (A) commits an offence if—
a
he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
b
B does not consent to the penetration, and
c
A does not reasonably believe that B consents.
2
Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
3
Sections 75 and 76 apply to an offence under this section.
4
A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
Assault
2Assault by penetration
1
A person (A) commits an offence if—
a
he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else,
b
the penetration is sexual,
c
B does not consent to the penetration, and
d
A does not reasonably believe that B consents.
2
Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
3
Sections 75 and 76 apply to an offence under this section.
4
A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
3Sexual assault
1
A person (A) commits an offence if—
a
he intentionally touches another person (B),
b
the touching is sexual,
c
B does not consent to the touching, and
d
A does not reasonably believe that B consents.
2
Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
3
Sections 75 and 76 apply to an offence under this section.
4
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
Causing sexual activity without consent
4Causing a person to engage in sexual activity without consent
1
A person (A) commits an offence if—
a
he intentionally causes another person (B) to engage in an activity,
b
the activity is sexual,
c
B does not consent to engaging in the activity, and
d
A does not reasonably believe that B consents.
2
Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
3
Sections 75 and 76 apply to an offence under this section.
4
A person guilty of an offence under this section, if the activity caused involved—
a
penetration of B’s anus or vagina,
b
penetration of B’s mouth with a person’s penis,
c
penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
d
penetration of a person’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for life.
5
Unless subsection (4) applies, a person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
Rape and other offences against children under 13
5Rape of a child under 13
1
A person commits an offence if—
a
he intentionally penetrates the vagina, anus or mouth of another person with his penis, and
b
the other person is under 13.
2
A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
6Assault of a child under 13 by penetration
1
A person commits an offence if—
a
he intentionally penetrates the vagina or anus of another person with a part of his body or anything else,
b
the penetration is sexual, and
c
the other person is under 13.
2
A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
7Sexual assault of a child under 13
1
A person commits an offence if—
a
he intentionally touches another person,
b
the touching is sexual, and
c
the other person is under 13.
2
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
8Causing or inciting a child under 13 to engage in sexual activity
1
A person commits an offence if—
a
he intentionally causes or incites another person (B) to engage in an activity,
b
the activity is sexual, and
c
B is under 13.
2
A person guilty of an offence under this section, if the activity caused or incited involved—
a
penetration of B’s anus or vagina,
b
penetration of B’s mouth with a person’s penis,
c
penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
d
penetration of a person’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for life.
3
Unless subsection (2) applies, a person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
Child sex offences
9Sexual activity with a child
1
A person aged 18 or over (A) commits an offence if—
a
he intentionally touches another person (B),
b
the touching is sexual, and
c
either—
i
B is under 16 and A does not reasonably believe that B is 16 or over, or
ii
B is under 13.
2
A person guilty of an offence under this section, if the touching involved—
a
penetration of B’s anus or vagina with a part of A’s body or anything else,
b
penetration of B’s mouth with A’s penis,
c
penetration of A’s anus or vagina with a part of B’s body, or
d
penetration of A’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.
3
Unless subsection (2) applies, a person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
10Causing or inciting a child to engage in sexual activity
1
A person aged 18 or over (A) commits an offence if—
a
he intentionally causes or incites another person (B) to engage in an activity,
b
the activity is sexual, and
c
either—
i
B is under 16 and A does not reasonably believe that B is 16 or over, or
ii
B is under 13.
2
A person guilty of an offence under this section, if the activity caused or incited involved—
a
penetration of B’s anus or vagina,
b
penetration of B’s mouth with a person’s penis,
c
penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
d
penetration of a person’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.
3
Unless subsection (2) applies, a person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
11Engaging in sexual activity in the presence of a child
1
A person aged 18 or over (A) commits an offence if—
a
he intentionally engages in an activity,
b
the activity is sexual,
c
for the purpose of obtaining sexual gratification, he engages in it—
i
when another person (B) is present or is in a place from which A can be observed, and
ii
knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it, and
d
either—
i
B is under 16 and A does not reasonably believe that B is 16 or over, or
ii
B is under 13.
2
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
12Causing a child to watch a sexual act
1
A person aged 18 or over (A) commits an offence if—
a
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,
b
the activity is sexual, and
c
either—
i
B is under 16 and A does not reasonably believe that B is 16 or over, or
ii
B is under 13.
2
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
13Child sex offences committed by children or young persons
1
A person under 18 commits an offence if he does anything which would be an offence under any of sections 9 to 12 if he were aged 18.
2
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
14Arranging or facilitating commission of a child sex offence
1
A person commits an offence if—
a
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
b
doing it will involve the commission of an offence under any of sections 9 to 13.
2
A person does not commit an offence under this section if—
a
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
b
any offence within subsection (1)(b) would be an offence against a child for whose protection he acts.
3
For the purposes of subsection (2), a person acts for the protection of a child if he acts for the purpose of—
a
protecting the child from sexually transmitted infection,
b
protecting the physical safety of the child,
c
preventing the child from becoming pregnant, or
d
promoting the child’s emotional well-being by the giving of advice,
and not for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence within subsection (1)(b) or the child’s participation in it.
4
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
15Meeting a child following sexual grooming etc.
F11
A person aged 18 or over (A) commits an offence if—
F2a
A has met or communicated with another person (B) F507on one or more occasions and subsequently—
i
A intentionally meets B,
ii
A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or
iii
B travels with the intention of meeting A in any part of the world,
b
A intends to do anything to or in respect of B, during or after the meeting mentioned in paragraph (a)(i) to (iii) and in any part of the world, which if done will involve the commission by A of a relevant offence,
c
B is under 16, and
d
A does not reasonably believe that B is 16 or over.
2
In subsection (1)—
a
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;
b
“relevant offence” means—
i
an offence under this Part,
ii
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
Abuse of position of trust
16Abuse of position of trust: sexual activity with a child
F61
A person aged 18 or over (A) commits an offence if—
a
he intentionally touches another person (B),
b
the touching is sexual,
c
A is in a position of trust in relation to B,
d
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
e
either—
i
B is under 18 and A does not reasonably believe that B is 18 or over, or
ii
B is under 13.
2
This subsection applies where A—
a
is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and
b
is not in such a position of trust by virtue of other circumstances.
3
Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.
4
Where in proceedings for an offence under this section—
a
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
b
it is not proved that he was in such a position of trust by virtue of other circumstances,
it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances.
5
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
17Abuse of position of trust: causing or inciting a child to engage in sexual activity
F71
A person aged 18 or over (A) commits an offence if—
a
he intentionally causes or incites another person (B) to engage in an activity,
b
the activity is sexual,
c
A is in a position of trust in relation to B,
d
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
e
either—
i
B is under 18 and A does not reasonably believe that B is 18 or over, or
ii
B is under 13.
2
This subsection applies where A—
a
is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and
b
is not in such a position of trust by virtue of other circumstances.
3
Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.
4
Where in proceedings for an offence under this section—
a
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
b
it is not proved that he was in such a position of trust by virtue of other circumstances,
it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances.
5
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
18Abuse of position of trust: sexual activity in the presence of a child
F81
A person aged 18 or over (A) commits an offence if—
a
he intentionally engages in an activity,
b
the activity is sexual,
c
for the purpose of obtaining sexual gratification, he engages in it—
i
when another person (B) is present or is in a place from which A can be observed, and
ii
knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it,
d
A is in a position of trust in relation to B,
e
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
f
either—
i
B is under 18 and A does not reasonably believe that B is 18 or over, or
ii
B is under 13.
2
This subsection applies where A—
a
is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and
b
is not in such a position of trust by virtue of other circumstances.
3
Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.
4
Where in proceedings for an offence under this section—
a
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
b
it is not proved that he was in such a position of trust by virtue of other circumstances,
it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances.
5
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
19Abuse of position of trust: causing a child to watch a sexual act
F91
A person aged 18 or over (A) commits an offence if—
a
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,
b
the activity is sexual,
c
A is in a position of trust in relation to B,
d
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
e
either—
i
B is under 18 and A does not reasonably believe that B is 18 or over, or
ii
B is under 13.
2
This subsection applies where A—
a
is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and
b
is not in such a position of trust by virtue of other circumstances.
3
Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.
4
Where in proceedings for an offence under this section—
a
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
b
it is not proved that he was in such a position of trust by virtue of other circumstances,
it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances.
5
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
20Abuse of position of trust: acts done in Scotland
21Positions of trust
F131
For the purposes of sections 16 to 19, a person (A) is in a position of trust in relation to another person (B) if—
a
any of the following subsections applies, or
b
any condition specified in an order made by the Secretary of State is met.
2
This subsection applies if A looks after persons under 18 who are detained in an institution by virtue of a court order or under an enactment, and B is so detained in that institution.
3
This subsection applies if A looks after persons under 18 who are resident in a home or other place in which—
a
b
and B is resident, and is so provided with accommodation and maintenance or accommodation, in that place.
4
This subsection applies if A looks after persons under 18 who are accommodated and cared for in one of the following institutions—
a
a hospital,
b
F17in Wales, an independent clinic,
c
a care home, F18. . .
d
a community home, voluntary home or children’s home, F19or
e
a home provided under section 82(5) of the Children Act 1989, F20. . .
f
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and B is accommodated and cared for in that institution.
5
This subsection applies if A looks after persons under 18 who are receiving education at an educational institution and B is receiving, and A is not receiving, education at that institution.
6
F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
This subsection applies if A is engaged in the provision of services under, or pursuant to anything done under—
a
sections 8 to 10 of the Employment and Training Act 1973 (c. 50), or
F23b
section 68, 70(1)(b) or 74 of the Education and Skills Act 2008,
and, in that capacity, looks after B on an individual basis.
8
This subsection applies if A regularly has unsupervised contact with B (whether face to face or by any other means)—
a
b
F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
This subsection applies if A, as a person who is to report to the court under section 7 of the Children Act 1989 F25. . . on matters relating to the welfare of B, regularly has unsupervised contact with B (whether face to face or by any other means).
10
This subsection applies if A is a personal adviser appointed for B under—
F544aa
section 106(1) of the Social Services and Well-being (Wales) Act 2014 in respect of category 1 or 2 young persons within the meaning of that Act,
b
F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and, in that capacity, looks after B on an individual basis.
11
This subsection applies if—
a
B is subject to a care order, a supervision order or an education supervision order, and
b
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.
12
This subsection applies if A—
a
is an officer of the Service F27or 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,
b
is appointed a children’s guardian of B under rule 6 or rule 18 of the Adoption Rules 1984 (S.I. 1984/265), F345...
c
F344d
is appointed to be the children’s guardian of B under rule 59 of the Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795) or rule 16.3(1)(ii) or rule 16.4 of the Family Procedure Rules 2010 (S.I. 2010/2955),
and, in that capacity, regularly has unsupervised contact with B (whether face to face or by any other means).
13
This subsection applies if—
a
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
b
A looks after B on an individual basis in pursuance of the requirements.
22Positions of trust: interpretation
F291
The following provisions apply for the purposes of section 21.
2
Subject to subsection (3), a person looks after persons under 18 if he is regularly involved in caring for, training, supervising or being in sole charge of such persons.
3
A person (A) looks after another person (B) on an individual basis if—
a
A is regularly involved in caring for, training or supervising B, and
b
in the course of his involvement, A regularly has unsupervised contact with B (whether face to face or by any other means).
4
A person receives education at an educational institution if—
a
he is registered or otherwise enrolled as a pupil or student at the institution, or
b
he receives education at the institution under arrangements with another educational institution at which he is so registered or otherwise enrolled.
5
In section 21—
“authority”—- a
in relation to England and Wales, means a local authority; - b
F30
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- a
“care home” means an establishment which is a care home for the purposes of the Care Standards Act 2000 (c. 14);“care order” has—“children’s home” has—“community home” has the meaning given by section 53 of the Children Act 1989;“education supervision order” has—F34“hospital” means—- a
a hospital as defined by section 275 of the National Health Service Act 2006, or section 206 of the National Health Service (Wales) Act 2006; or - b
any other establishment—- i
in England, in which any of the services listed in subsection (6) are provided; and - ii
in Wales, which is a hospital within the meaning given by section 2(3) of the Care Standards Act 2000;
- i
- a
“independent clinic” has—F37
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F37
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F37
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“supervision order” has—“voluntary home” has—
F406
The services referred to in paragraph (b)(i) of the definition of “hospital” are as follows—
a
medical treatment under anaesthesia or intravenously administered sedation;
b
dental treatment under general anaesthesia;
c
obstetric services and, in connection with childbirth, medical services;
d
termination of pregnancies;
e
cosmetic surgery, other than—
i
ear and body piercing;
ii
tattooing;
iii
the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; or
iv
the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.
23Sections 16 to 19: F41exception for spouses and civil partners
F421
Conduct by a person (A) which would otherwise be an offence under any of sections 16 to 19 against another person (B) is not an offence under that section if at the time —
a
B is 16 or over, and
b
A and B are lawfully married F43or civil partners of each other.
2
In proceedings for such an offence it is for the defendant to prove that A and B F44were at the time lawfully married or civil partners of each other.
24Sections 16 to 19: sexual relationships which pre-date position of trust
F451
Conduct by a person (A) which would otherwise be an offence under any of sections 16 to 19 against another person (B) is not an offence under that section if, immediately before the position of trust arose, a sexual relationship existed between A and B.
2
Subsection (1) does not apply if at that time sexual intercourse between A and B would have been unlawful.
3
In proceedings for an offence under any of sections 16 to 19 it is for the defendant to prove that such a relationship existed at that time.
Familial child sex offences
25Sexual activity with a child family member
1
A person (A) commits an offence if—
a
he intentionally touches another person (B),
b
the touching is sexual,
c
the relation of A to B is within section 27,
d
A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and
e
either—
i
B is under 18 and A does not reasonably believe that B is 18 or over, or
ii
B is under 13.
2
Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.
3
Where in proceedings for an offence under this section it is proved that the relation of the defendant to the other person was of a description falling within section 27, it is to be taken that the defendant knew or could reasonably have been expected to know that his relation to the other person was of that description unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that it was.
4
A person guilty of an offence under this section, if aged 18 or over at the time of the offence, is liable—
a
where subsection (6) applies, on conviction on indictment to imprisonment for a term not exceeding 14 years;
b
in any other case—
i
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
ii
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
5
Unless subsection (4) applies, a person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
6
This subsection applies where the touching involved—
a
penetration of B’s anus or vagina with a part of A’s body or anything else,
b
penetration of B’s mouth with A’s penis,
c
penetration of A’s anus or vagina with a part of B’s body, or
d
penetration of A’s mouth with B’s penis.
26Inciting a child family member to engage in sexual activity
1
A person (A) commits an offence if—
a
he intentionally incites another person (B) to touch, or allow himself to be touched by, A,
b
the touching is sexual,
c
the relation of A to B is within section 27,
d
A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and
e
either—
i
B is under 18 and A does not reasonably believe that B is 18 or over, or
ii
B is under 13.
2
Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.
3
Where in proceedings for an offence under this section it is proved that the relation of the defendant to the other person was of a description falling within section 27, it is to be taken that the defendant knew or could reasonably have been expected to know that his relation to the other person was of that description unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that it was.
4
A person guilty of an offence under this section, if he was aged 18 or over at the time of the offence, is liable—
a
where subsection (6) applies, on conviction on indictment to imprisonment for a term not exceeding 14 years;
b
in any other case—
i
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
ii
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
5
Unless subsection (4) applies, a person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
6
This subsection applies where the touching to which the incitement related involved—
a
penetration of B’s anus or vagina with a part of A’s body or anything else,
b
penetration of B’s mouth with A’s penis,
c
penetration of A’s anus or vagina with a part of B’s body, or
d
penetration of A’s mouth with B’s penis.
27Family relationships
1
The relation of one person (A) to another (B) is within this section if—
a
it is within any of subsections (2) to (4), or
b
it would be within one of those subsections but for F46section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 (c. 38) (status conferred by adoption).
2
The relation of A to B is within this subsection if—
a
one of them is the other’s parent, grandparent, brother, sister, half-brother, half-sister, aunt or uncle, or
b
A is or has been B’s foster parent.
3
The relation of A to B is within this subsection if A and B live or have lived in the same household, or A is or has been regularly involved in caring for, training, supervising or being in sole charge of B, and—
a
one of them is or has been the other’s step-parent,
b
A and B are cousins,
c
one of them is or has been the other’s stepbrother or stepsister, or
d
the parent or present or former foster parent of one of them is or has been the other’s foster parent.
4
The relation of A to B is within this subsection if—
a
A and B live in the same household, and
b
A is regularly involved in caring for, training, supervising or being in sole charge of B.
5
For the purposes of this section—
a
“aunt” means the sister or half-sister of a person’s parent, and “uncle” has a corresponding meaning;
b
“cousin” means the child of an aunt or uncle;
c
a person is a child’s foster parent if
F539i
he is a person with whom the child has been placed under section 22C of the Children Act 1989 in a placement falling within subsection (6)(a) or (b) of that section (placement with local authority foster parent),
ia
he is a person with whom the child has been placed under section 59(1)(a) of that Act (placement by voluntary organisation),
F545ib
he is a person with whom the child has been placed under section 81 of the Social Services and Well-being (Wales) Act 2014 in a placement falling within subsection (6)(a) or (b) of that section (placement with a local authority foster parent),
ii
he fosters the child privately, within the meaning given by section 66(1)(b) of that Act;
d
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;
e
“step-parent” includes a parent’s partner and “stepbrother” and “stepsister” include the child of a parent’s partner.
28Sections 25 and 26: F47exception for spouses and civil partners
1
Conduct by a person (A) which would otherwise be an offence under section 25 or 26 against another person (B) is not an offence under that section if at the time—
a
B is 16 or over, and
b
A and B are lawfully married F48or civil partners of each other.
2
In proceedings for such an offence it is for the defendant to prove that A and B F49were at the time lawfully married or civil partners of each other.
29Sections 25 and 26: sexual relationships which pre-date family relationships
1
Conduct by a person (A) which would otherwise be an offence under section 25 or 26 against another person (B) is not an offence under that section if—
a
the relation of A to B is not within subsection (2) of section 27,
b
it would not be within that subsection if F50section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 (c. 38) did not apply, and
c
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.
2
Subsection (1) does not apply if at the time referred to in subsection (1)(c) sexual intercourse between A and B would have been unlawful.
3
In proceedings for an offence under section 25 or 26 it is for the defendant to prove the matters mentioned in subsection (1)(a) to (c).
Offences against persons with a mental disorder impeding choice
30Sexual activity with a person with a mental disorder impeding choice
1
A person (A) commits an offence if—
a
he intentionally touches another person (B),
b
the touching is sexual,
c
B is unable to refuse because of or for a reason related to a mental disorder, and
d
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.
2
B is unable to refuse if—
a
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
b
he is unable to communicate such a choice to A.
3
A person guilty of an offence under this section, if the touching involved—
a
penetration of B’s anus or vagina with a part of A’s body or anything else,
b
penetration of B’s mouth with A’s penis,
c
penetration of A’s anus or vagina with a part of B’s body, or
d
penetration of A’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for life.
4
Unless subsection (3) applies, a person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
31Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity
1
A person (A) commits an offence if—
a
he intentionally causes or incites another person (B) to engage in an activity,
b
the activity is sexual,
c
B is unable to refuse because of or for a reason related to a mental disorder, and
d
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.
2
B is unable to refuse if—
a
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
b
he is unable to communicate such a choice to A.
3
A person guilty of an offence under this section, if the activity caused or incited involved—
a
penetration of B’s anus or vagina,
b
penetration of B’s mouth with a person’s penis,
c
penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
d
penetration of a person’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for life.
4
Unless subsection (3) applies, a person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
32Engaging in sexual activity in the presence of a person with a mental disorder impeding choice
1
A person (A) commits an offence if—
a
he intentionally engages in an activity,
b
the activity is sexual,
c
for the purpose of obtaining sexual gratification, he engages in it—
i
when another person (B) is present or is in a place from which A can be observed, and
ii
knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it,
d
B is unable to refuse because of or for a reason related to a mental disorder, and
e
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.
2
B is unable to refuse if—
a
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
b
he is unable to communicate such a choice to A.
3
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
33Causing a person, with a mental disorder impeding choice, to watch a sexual act
1
A person (A) commits an offence if—
a
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,
b
the activity is sexual,
c
B is unable to refuse because of or for a reason related to a mental disorder, and
d
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.
2
B is unable to refuse if—
a
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
b
he is unable to communicate such a choice to A.
3
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
Inducements etc. to persons with a mental disorder
34Inducement, threat or deception to procure sexual activity with a person with a mental disorder
1
A person (A) commits an offence if—
a
with the agreement of another person (B) he intentionally touches that person,
b
the touching is sexual,
c
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,
d
B has a mental disorder, and
e
A knows or could reasonably be expected to know that B has a mental disorder.
2
A person guilty of an offence under this section, if the touching involved—
a
penetration of B’s anus or vagina with a part of A’s body or anything else,
b
penetration of B’s mouth with A’s penis,
c
penetration of A’s anus or vagina with a part of B’s body, or
d
penetration of A’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for life.
3
Unless subsection (2) applies, a person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
35Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception
1
A person (A) commits an offence if—
a
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,
b
the activity is sexual,
c
B has a mental disorder, and
d
A knows or could reasonably be expected to know that B has a mental disorder.
2
A person guilty of an offence under this section, if the activity caused or agreed to involved—
a
penetration of B’s anus or vagina,
b
penetration of B’s mouth with a person’s penis,
c
penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
d
penetration of a person’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for life.
3
Unless subsection (2) applies, a person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
36Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder
1
A person (A) commits an offence if—
a
he intentionally engages in an activity,
b
the activity is sexual,
c
for the purpose of obtaining sexual gratification, he engages in it—
i
when another person (B) is present or is in a place from which A can be observed, and
ii
knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it,
d
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,
e
B has a mental disorder, and
f
A knows or could reasonably be expected to know that B has a mental disorder.
2
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
37Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception
1
A person (A) commits an offence if—
a
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,
b
the activity is sexual,
c
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,
d
B has a mental disorder, and
e
A knows or could reasonably be expected to know that B has a mental disorder.
2
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
Care workers for persons with a mental disorder
38Care workers: sexual activity with a person with a mental disorder
1
A person (A) commits an offence if—
a
he intentionally touches another person (B),
b
the touching is sexual,
c
B has a mental disorder,
d
A knows or could reasonably be expected to know that B has a mental disorder, and
e
A is involved in B’s care in a way that falls within section 42.
2
Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.
3
A person guilty of an offence under this section, if the touching involved—
a
penetration of B’s anus or vagina with a part of A’s body or anything else,
b
penetration of B’s mouth with A’s penis,
c
penetration of A’s anus or vagina with a part of B’s body, or
d
penetration of A’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.
4
Unless subsection (3) applies, a person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
39Care workers: causing or inciting sexual activity
1
A person (A) commits an offence if—
a
he intentionally causes or incites another person (B) to engage in an activity,
b
the activity is sexual,
c
B has a mental disorder,
d
A knows or could reasonably be expected to know that B has a mental disorder, and
e
A is involved in B’s care in a way that falls within section 42.
2
Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.
3
A person guilty of an offence under this section, if the activity caused or incited involved—
a
penetration of B’s anus or vagina,
b
penetration of B’s mouth with a person’s penis,
c
penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
d
penetration of a person’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.
4
Unless subsection (3) applies, a person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
40Care workers: sexual activity in the presence of a person with a mental disorder
1
A person (A) commits an offence if—
a
he intentionally engages in an activity,
b
the activity is sexual,
c
for the purpose of obtaining sexual gratification, he engages in it—
i
when another person (B) is present or is in a place from which A can be observed, and
ii
knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it,
d
B has a mental disorder,
e
A knows or could reasonably be expected to know that B has a mental disorder, and
f
A is involved in B’s care in a way that falls within section 42.
2
Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.
3
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 7 years.
41Care workers: causing a person with a mental disorder to watch a sexual act
1
A person (A) commits an offence if—
a
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,
b
the activity is sexual,
c
B has a mental disorder,
d
A knows or could reasonably be expected to know that B has a mental disorder, and
e
A is involved in B’s care in a way that falls within section 42.
2
Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.
3
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 7 years.
42Care workers: interpretation
1
For the purposes of sections 38 to 41, a person (A) is involved in the care of another person (B) in a way that falls within this section if any of subsections (2) to (4) applies.
2
This subsection applies if—
a
B is accommodated and cared for in a care home, community home, voluntary home or children’s home, and
b
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.
F513
This subsection applies if B is a patient for whom services are provided—
a
by a National Health Service body or an independent medical agency;
b
in an independent hospital; or
c
in Wales, in an independent clinic,
and A has functions to perform for the body or agency or in the hospital or clinic in the course of employment which have brought A or are likely to bring A into regular face to face contact with B.
4
This subsection applies if A—
a
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
b
as such, has had or is likely to have regular face to face contact with B.
5
In this section—
“care home” means an establishment which is a care home for the purposes of the Care Standards Act 2000 (c. 14);
“children’s home” has the meaning given by section 1 of that Act;
“community home” has the meaning given by section 53 of the Children Act 1989 (c. 41);
“employment” means any employment, whether paid or unpaid and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract;
F52“independent clinic” has the meaning given by section 2 of the Care Standards Act 2000;
“independent hospital”—
- a
in England, means—
- i
a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; or
- ii
any other establishment in which any of the services listed in section 22(6) are provided and which is not a health service hospital as so defined; and
- i
- b
in Wales, has the meaning given by section 2 of the Care Standards Act 2000;
- a
“independent medical agency” means an undertaking (not being an independent hospital, or in Wales an independent clinic) which consists of or includes the provision of services by medical practitioners;
“National Health Service body” means—
- a
a F53Local Health Board ,
- b
a National Health Service trust,
- ba
F370the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
- bb
a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1 to 7B, or 13 of Schedule 1 to, the National Health Service Act 2006,
- c
F371...
- d
a Special Health Authority;
- a
“voluntary home” has the meaning given by section 60(3) of the Children Act 1989.
F546
In subsection (5), in the definition of “independent medical agency”, “undertaking” includes any business or profession and—
a
in relation to a public or local authority, includes the exercise of any functions of that authority; and
b
in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body.
43Sections 38 to 41: F55exception for spouses and civil partners
1
Conduct by a person (A) which would otherwise be an offence under any of sections 38 to 41 against another person (B) is not an offence under that section if at the time—
a
B is 16 or over, and
b
A and B are lawfully married F56or civil partners of each other.
2
In proceedings for such an offence it is for the defendant to prove that A and B F57were at the time lawfully married or civil partners of each other.
44Sections 38 to 41: sexual relationships which pre-date care relationships
1
Conduct by a person (A) which would otherwise be an offence under any of sections 38 to 41 against another person (B) is not an offence under that section if, immediately before A became involved in B’s care in a way that falls within section 42, a sexual relationship existed between A and B.
2
Subsection (1) does not apply if at that time sexual intercourse between A and B would have been unlawful.
3
In proceedings for an offence under any of sections 38 to 41 it is for the defendant to prove that such a relationship existed at that time.
Indecent photographs of children
45Indecent photographs of persons aged 16 or 17
1
The Protection of Children Act 1978 (c. 37) (which makes provision about indecent photographs of persons under 16) is amended as follows.
2
In section 2(3)
(evidence) and section 7(6)
(meaning of “child”), for “16” substitute “
18
”
.
3
After section 1 insert—
1AMarriage and other relationships
1
This section applies where, in proceedings for an offence under section 1(1)(a) of taking or making an indecent photograph of a child, or for an offence under section 1(1)(b) or (c) relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time of the offence charged the child and he—
a
were married, or
b
lived together as partners in an enduring family relationship.
2
Subsections (5) and (6) also apply where, in proceedings for an offence under section 1(1)(b) or (c) relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he—
a
were married, or
b
lived together as partners in an enduring family relationship.
3
This section applies whether the photograph showed the child alone or with the defendant, but not if it showed any other person.
4
In the case of an offence under section 1(1)(a), if sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph being taken or made, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented.
5
In the case of an offence under section 1(1)(b), the defendant is not guilty of the offence unless it is proved that the showing or distributing was to a person other than the child.
6
In the case of an offence under section 1(1)(c), if sufficient evidence is adduced to raise an issue both—
a
as to whether the child consented to the photograph being in the defendant’s possession, or as to whether the defendant reasonably believed that the child so consented, and
b
as to whether the defendant had the photograph in his possession with a view to its being distributed or shown to anyone other than the child,
the defendant is not guilty of the offence unless it is proved either that the child did not so consent and that the defendant did not reasonably believe that the child so consented, or that the defendant had the photograph in his possession with a view to its being distributed or shown to a person other than the child.
4
After section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of child) insert—
160AMarriage and other relationships
1
This section applies where, in proceedings for an offence under section 160 relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time of the offence charged the child and he—
a
were married, or
b
lived together as partners in an enduring family relationship.
2
This section also applies where, in proceedings for an offence under section 160 relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he—
a
were married, or
b
lived together as partners in an enduring family relationship.
3
This section applies whether the photograph showed the child alone or with the defendant, but not if it showed any other person.
4
If sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph being in the defendant’s possession, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented.
46Criminal proceedings, investigations etc.
1
After section 1A of the Protection of Children Act 1978 (c. 37) insert—
1BException for criminal proceedings, investigations etc.
1
In proceedings for an offence under section 1(1)(a) of making an indecent photograph or pseudo-photograph of a child, the defendant is not guilty of the offence if he proves that—
a
it was necessary for him to make the photograph or pseudo-photograph for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world,
b
at the time of the offence charged he was a member of the Security Service, and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of the Service, or
c
at the time of the offence charged he was a member of GCHQ, and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of GCHQ.
2
In this section “GCHQ” has the same meaning as in the Intelligence Services Act 1994.
2
After Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) insert—
Exception for criminal proceedings, investigations etc.3A
1
In proceedings for an offence under Article 3(1)(a) of making an indecent photograph or pseudo-photograph of a child, the defendant is not guilty of the offence if he proves that—
a
it was necessary for him to make the photograph or pseudo-photograph for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world,
b
at the time of the offence charged he was a member of the Security Service, and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of the Service, or
c
at the time of the offence charged he was a member of GCHQ, and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of GCHQ.
2
In this Article “GCHQ” has the same meaning as in the Intelligence Services Act 1994.
F508Sexual exploitation of children
47Paying for sexual services of a child
F581
A person (A) commits an offence if—
a
he intentionally obtains for himself the sexual services of another person (B),
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
c
either—
i
B is under 18, and A does not reasonably believe that B is 18 or over, or
ii
B is under 13.
2
In this section, “payment” means 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.
3
A person guilty of an offence under this section against a person under 13, where subsection (6) applies, is liable on conviction on indictment to imprisonment for life.
4
Unless subsection (3) applies, a person guilty of an offence under this section against a person under 16 is liable—
a
where subsection (6) applies, on conviction on indictment, to imprisonment for a term not exceeding 14 years;
b
in any other case—
i
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
ii
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
5
Unless subsection (3) or (4) applies, a person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 7 years.
6
This subsection applies where the offence involved—
a
penetration of B’s anus or vagina with a part of A’s body or anything else,
b
penetration of B’s mouth with A’s penis,
c
penetration of A’s anus or vagina with a part of B’s body or by B with anything else, or
d
penetration of A’s mouth with B’s penis.
7
F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
48Causing or inciting F509sexual exploitation of a child
F601
A person (A) commits an offence if—
a
he intentionally causes or incites another person (B) F514to be sexually exploited in any part of the world, and
b
either—
i
B is under 18, and A does not reasonably believe that B is 18 or over, or
ii
B is under 13.
2
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
49Controlling a child F510in relation to sexual exploitation
F611
A person (A) commits an offence if—
a
he intentionally controls any of the activities of another person (B) relating to B’s F515sexual exploitation in any part of the world, and
b
either—
i
B is under 18, and A does not reasonably believe that B is 18 or over, or
ii
B is under 13.
2
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
50Arranging or facilitating F511sexual exploitation of a child
F621
A person (A) commits an offence if—
a
he intentionally arranges or facilitates the F516sexual exploitation in any part of the world of another person (B), and
b
either—
i
B is under 18, and A does not reasonably believe that B is 18 or over, or
ii
B is under 13.
2
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 14 years.
51Sections 48 to 50: interpretation
F517F631
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5182
For the purposes of sections 48 to 50, a person (B) is sexually exploited if—
a
on at least one occasion and whether or not compelled to do so, B offers or provides sexual services to another person in return for payment or a promise of payment to B or a third person, or
b
an indecent image of B is recorded F551or streamed or otherwise transmitted ;
and “sexual exploitation” is to be interpreted accordingly.
3
In subsection (2), “payment” means 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.
F69Prostitution
Heading "becomes "Prostitution"" (1.4.2010) by virtue of Policing and Crime Act 2009 (c. 26), ss. {19}, 116(1); S.I. 2010/507, art. 5(f) (with transitional and savings provision in art. 6)
51AF70Soliciting
1
It is an offence for a person in a street or public place to solicit another (B) for the purpose of obtaining B's sexual services as a prostitute.
2
The reference to a person in a street or public place includes a person in a vehicle in a street or public place.
3
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
In this section “street” has the meaning given by section 1(4) of the Street Offences Act 1959.
52Causing or inciting prostitution for gain
F641
A person commits an offence if—
a
he intentionally causes or incites another person to become a prostitute in any part of the world, and
b
he does so for or in the expectation of gain for himself or a third person.
2
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 7 years.
53Controlling prostitution for gain
F651
A person commits an offence if—
a
he intentionally controls any of the activities of another person relating to that person’s prostitution in any part of the world, and
b
he does so for or in the expectation of gain for himself or a third person.
2
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 7 years.
53AF71Paying for sexual services of a prostitute subjected to force etc.
1
A person (A) commits an offence if—
a
A makes or promises payment for the sexual services of a prostitute (B),
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
C engaged in that conduct for or in the expectation of gain for C or another person (apart from A or B).
2
The following are irrelevant—
a
where in the world the sexual services are to be provided and whether those services are provided,
b
whether A is, or ought to be, aware that C has engaged in exploitative conduct.
3
C engages in exploitative conduct if—
a
C uses force, threats (whether or not relating to violence) or any other form of coercion, or
b
C practises any form of deception.
4
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
54F66Sections 51A to 53A: interpretation
F671
In F68sections 52, 53 and 53A, “gain” means—
a
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
b
the goodwill of any person which is or appears likely, in time, to bring financial advantage.
F5192
In sections 51A, 52, 53 and 53A “prostitute” means a person (A) who, on at least one occasion and whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment to A or a third person; and “prostitution” is to be interpreted accordingly.
3
In subsection (2) and section 53A, “payment” means 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.
Amendments relating to prostitution
55Penalties for keeping a brothel used for prostitution
1
The Sexual Offences Act 1956 (c. 69) is amended as follows.
2
After section 33 insert—
33AKeeping a brothel used for prostitution
1
It is an offence for a person to keep, or to manage, or act or assist in the management of, a brothel to which people resort for practices involving prostitution (whether or not also for other practices).
2
In this section “prostitution” has the meaning given by section 51(2) of the Sexual Offences Act 2003.
3
In Schedule 2 (mode of prosecution, punishment etc.), after paragraph 33 insert (as a paragraph with no entry in the fourth column)—
33A
Keeping a brothel used for prostitution (section 33A).
(i) on indictment
(ii) summarily
Seven years
Six months, or the statutory maximum, or both.
56Extension of gender-specific prostitution offences
Schedule 1 (extension of gender-specific prostitution offences) has effect.
Trafficking
F55257F390Trafficking into the UK for sexual exploitation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F55358Trafficking within the UK for sexual exploitation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F55458AF394Trafficking outside the UK for sexual exploitation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F55559F390Trafficking out of the UK for sexual exploitation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F53259ATrafficking people for sexual exploitation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F557F53260F556Sections 57 to 59: interpretation and jurisdictionF556Section 59A: interpretation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F558F53260AF72Forfeiture of land vehicle, ship or aircraft
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F559F53260BDetention of land vehicle, ship or aircraft
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F560F53260CSections 60A and 60B: interpretation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Preparatory offences
61Administering a substance with intent
1
A person commits an offence if he intentionally administers a substance to, or causes a substance to be taken by, another person (B)—
a
knowing that B does not consent, and
b
with the intention of stupefying or overpowering B, so as to enable any person to engage in a sexual activity that involves B.
2
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
62Committing an offence with intent to commit a sexual offence
1
A person commits an offence under this section if he commits any offence with the intention of committing a relevant sexual offence.
2
In this section, “relevant sexual offence” means any offence under this Part (including an offence of aiding, abetting, counselling or procuring such an offence).
3
A person guilty of an offence under this section is liable on conviction on indictment, where the offence is committed by kidnapping or false imprisonment, to imprisonment for life.
4
Unless subsection (3) applies, a person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
63Trespass with intent to commit a sexual offence
1
A person commits an offence if—
a
he is a trespasser on any premises,
b
he intends to commit a relevant sexual offence on the premises, and
c
he knows that, or is reckless as to whether, he is a trespasser.
2
In this section—
“premises” includes a structure or part of a structure;
“relevant sexual offence” has the same meaning as in section 62;
“structure” includes a tent, vehicle or vessel or other temporary or movable structure.
3
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 10 years.
Sex with an adult relative
C164Sex with an adult relative: penetration
1
A person aged 16 or over (A) F73(subject to subsection (3A)) commits an offence if—
a
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,
b
the penetration is sexual,
c
the other person (B) is aged 18 or over,
d
A is related to B in a way mentioned in subsection (2), and
e
A knows or could reasonably be expected to know that he is related to B in that way.
2
The ways that A may be related to B are as parent, grandparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece.
3
In subsection (2)—
F74za
“parent” includes an adoptive parent;
zb
“child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;
a
“uncle” means the brother of a person’s parent, and “aunt” has a corresponding meaning;
b
“nephew” means the child of a person’s brother or sister, and “niece” has a corresponding meaning.
F753A
Where subsection (1) applies in a case where A is related to B as B's child by virtue of subsection (3)(zb), A does not commit an offence under this section unless A is 18 or over.
4
Where in proceedings for an offence under this section it is proved that the defendant was related to the other person in any of those ways, it is to be taken that the defendant knew or could reasonably have been expected to know that he was related in that way unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that he was.
5
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 2 years.
F766
Nothing in—
a
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
b
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),
is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3)(za) and (zb) above.
C265Sex with an adult relative: consenting to penetration
1
A person aged 16 or over (A) F77(subject to subsection (3A)) commits an offence if—
a
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,
b
A consents to the penetration,
c
the penetration is sexual,
d
B is aged 18 or over,
e
A is related to B in a way mentioned in subsection (2), and
f
A knows or could reasonably be expected to know that he is related to B in that way.
2
The ways that A may be related to B are as parent, grandparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece.
3
In subsection (2)—
F78za
“parent” includes an adoptive parent;
zb
“child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;
a
“uncle” means the brother of a person’s parent, and “aunt” has a corresponding meaning;
b
“nephew” means the child of a person’s brother or sister, and “niece” has a corresponding meaning.
F793A
Where subsection (1) applies in a case where A is related to B as B's child by virtue of subsection (3)(zb), A does not commit an offence under this section unless A is 18 or over.
4
Where in proceedings for an offence under this section it is proved that the defendant was related to the other person in any of those ways, it is to be taken that the defendant knew or could reasonably have been expected to know that he was related in that way unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that he was.
5
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 2 years.
F806
Nothing in—
a
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
b
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),
is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3)(za) and (zb) above.
Other offences
66Exposure
F811
A person commits an offence if—
a
he intentionally exposes his genitals, and
b
he intends that someone will see them and be caused alarm or distress.
2
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 2 years.
67Voyeurism
F821
A person commits an offence if—
a
for the purpose of obtaining sexual gratification, he observes another person doing a private act, and
b
he knows that the other person does not consent to being observed for his sexual gratification.
2
A person commits an offence if—
a
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
b
he knows that B does not consent to his operating equipment with that intention.
3
A person commits an offence if—
a
he records another person (B) doing a private act,
b
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
c
he knows that B does not consent to his recording the act with that intention.
4
A person commits an offence if he instals equipment, or constructs or adapts a structure or part of a structure, with the intention of enabling himself or another person to commit an offence under subsection (1).
5
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 2 years.
68Voyeurism: interpretation
F831
For the purposes of section 67, a person is doing a private act if the person is in a place which, in the circumstances, would reasonably be expected to provide privacy, and—
a
the person’s genitals, buttocks or breasts are exposed or covered only with underwear,
b
the person is using a lavatory, or
c
the person is doing a sexual act that is not of a kind ordinarily done in public.
2
In section 67, “structure” includes a tent, vehicle or vessel or other temporary or movable structure.
69Intercourse with an animal
F841
A person commits an offence if—
a
he intentionally performs an act of penetration with his penis,
b
what is penetrated is the vagina or anus of a living animal, and
c
he knows that, or is reckless as to whether, that is what is penetrated.
2
A person (A) commits an offence if—
a
A intentionally causes, or allows, A’s vagina or anus to be penetrated,
b
the penetration is by the penis of a living animal, and
c
A knows that, or is reckless as to whether, that is what A is being penetrated by.
3
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 2 years.
70Sexual penetration of a corpse
F851
A person commits an offence if—
a
he intentionally performs an act of penetration with a part of his body or anything else,
b
what is penetrated is a part of the body of a dead person,
c
he knows that, or is reckless as to whether, that is what is penetrated, and
d
the penetration is sexual.
2
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 2 years.
71Sexual activity in a public lavatory
F861
A person commits an offence if—
a
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,
b
he intentionally engages in an activity, and,
c
the activity is sexual.
2
For the purposes of this section, an activity is sexual if a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider it to be sexual.
3
A person guilty of an offence under this section is liable on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.
Offences outside the United Kingdom
F8772Offences outside the United Kingdom
F881
If—
a
a United Kingdom national does an act in a country outside the United Kingdom, and
b
the act, if done in England and Wales F89. . . , would constitute a sexual offence to which this section applies,
the United Kingdom national is guilty in F90England and Wales of that sexual offence.
2
If—
a
a United Kingdom resident does an act in a country outside the United Kingdom,
b
the act constitutes an offence under the law in force in that country, and
c
the act, if done in England and Wales F91. . . , would constitute a sexual offence to which this section applies,
the United Kingdom resident is guilty in F92England and Wales of that sexual offence.
3
If—
a
a person does an act in a country outside the United Kingdom at a time when the person was not a United Kingdom national or a United Kingdom resident,
b
the act constituted an offence under the law in force in that country,
c
the act, if done in England and Wales F93. . . , would have constituted a sexual offence to which this section applies, and
d
the person meets the residence or nationality condition at the relevant time,
proceedings may be brought against the person in F94England and Wales for that sexual offence as if the person had done the act there.
4
The person meets the residence or nationality condition at the relevant time if the person is a United Kingdom national or a United Kingdom resident at the time when the proceedings are brought.
5
An act punishable under the law in force in any country constitutes an offence under that law for the purposes of subsections (2) and (3) however it is described in that law.
6
The condition in subsection (2)(b) or (3)(b) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice—
a
stating that, on the facts as alleged with respect to the act in question, the condition is not in the defendant's opinion met,
b
showing the grounds for that opinion, and
c
requiring the prosecution to prove that it is met.
7
But the court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition is met without service of a notice under subsection (6).
8
In the Crown Court the question whether the condition is met is to be decided by the judge alone.
9
In this section—
“country” includes territory;“United Kingdom national” means an individual who is—- a
a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen; - b
a person who under the British Nationality Act 1981 is a British subject; or - c
a British protected person within the meaning of that Act;
- a
“United Kingdom resident” means an individual who is resident in the United Kingdom.
10
Schedule 2 lists the sexual offences to which this section applies.
Supplementary and general
73Exceptions to aiding, abetting and counselling
1
A person is not guilty of aiding, abetting or counselling the commission against a child of an offence to which this section applies if he acts for the purpose of—
a
protecting the child from sexually transmitted infection,
b
protecting the physical safety of the child,
c
preventing the child from becoming pregnant, or
d
promoting the child’s emotional well-being by the giving of advice,
and not for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence or the child’s participation in it.
2
This section applies to—
a
an offence under any of sections 5 to 7 (offences against children under 13);
b
an offence under section 9 (sexual activity with a child);
c
an offence under section 13 which would be an offence under section 9 if the offender were aged 18;
d
an offence under any of sections 16, 25, 30, 34 and 38 (sexual activity) against a person under 16.
3
This section does not affect any other enactment or any rule of law restricting the circumstances in which a person is guilty of aiding, abetting or counselling an offence under this Part.
74“Consent”
For the purposes of this Part, a person consents if he agrees by choice, and has the freedom and capacity to make that choice.
75Evidential presumptions about consent
1
If in proceedings for an offence to which this section applies it is proved—
a
that the defendant did the relevant act,
b
that any of the circumstances specified in subsection (2) existed, and
c
that the defendant knew that those circumstances existed,
the complainant is to be taken not to have consented to the relevant act unless sufficient evidence is adduced to raise an issue as to whether he consented, and the defendant is to be taken not to have reasonably believed that the complainant consented unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.
2
The circumstances are that—
a
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;
b
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;
c
the complainant was, and the defendant was not, unlawfully detained at the time of the relevant act;
d
the complainant was asleep or otherwise unconscious at the time of the relevant act;
e
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;
f
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.
3
In subsection (2)(a) and (b), the reference to the time immediately before the relevant act began is, in the case of an act which is one of a continuous series of sexual activities, a reference to the time immediately before the first sexual activity began.
76Conclusive presumptions about consent
1
If in proceedings for an offence to which this section applies it is proved that the defendant did the relevant act and that any of the circumstances specified in subsection (2) existed, it is to be conclusively presumed—
a
that the complainant did not consent to the relevant act, and
b
that the defendant did not believe that the complainant consented to the relevant act.
2
The circumstances are that—
a
the defendant intentionally deceived the complainant as to the nature or purpose of the relevant act;
b
the defendant intentionally induced the complainant to consent to the relevant act by impersonating a person known personally to the complainant.
77Sections 75 and 76: relevant acts
In relation to an offence to which sections 75 and 76 apply, references in those sections to the relevant act and to the complainant are to be read as follows—
Offence | Relevant Act |
|---|---|
An offence under section 1 (rape). | The defendant intentionally penetrating, with his penis, the vagina, anus or mouth of another person (“the complainant”). |
An offence under section 2 (assault by penetration). | The defendant intentionally penetrating, with a part of his body or anything else, the vagina or anus of another person (“the complainant”), where the penetration is sexual. |
An offence under section 3 (sexual assault). | The defendant intentionally touching another person (“the complainant”), where the touching is sexual. |
An offence under section 4 (causing a person to engage in sexual activity without consent). | The defendant intentionally causing another person (“the complainant”) to engage in an activity, where the activity is sexual. |
78“Sexual”
F95For the purposes of this Part (except section 71), penetration, touching or any other activity is sexual if a reasonable person would consider that—
a
whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, or
b
because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.
79Part 1: general interpretation
F961
The following apply for the purposes of this Part.
2
Penetration is a continuing act from entry to withdrawal.
3
References to a part of the body include references to a part surgically constructed (in particular, through gender reassignment surgery).
4
“Image” means a moving or still image and includes an image produced by any means and, where the context permits, a three-dimensional image.
5
References to an image of a person include references to an image of an imaginary person.
6
“Mental disorder” has the meaning given by section 1 of the Mental Health Act 1983 (c. 20).
7
References to observation (however expressed) are to observation whether direct or by looking at an image.
8
Touching includes touching—
a
with any part of the body,
b
with anything else,
c
through anything,
and in particular includes touching amounting to penetration.
9
“Vagina” includes vulva.
10
In relation to an animal, references to the vagina or anus include references to any similar part.
Part 2Notification and orders
Notification requirements
80Persons becoming subject to notification requirements
1
A person is subject to the notification requirements of this Part for the period set out in section 82 (“the notification period”) if—
a
he is convicted of an offence listed in Schedule 3;
b
he is found not guilty of such an offence by reason of insanity;
c
he is found to be under a disability and to have done the act charged against him in respect of such an offence; or
d
in England and Wales or Northern Ireland, he is cautioned in respect of such an offence.
2
A person for the time being subject to the notification requirements of this Part is referred to in this Part as a “relevant offender”.
81Persons formerly subject to Part 1 of the Sex Offenders Act 1997
1
A person is, from the commencement of this Part until the end of the notification period, subject to the notification requirements of this Part if, before the commencement of this Part—
a
he was convicted of an offence listed in Schedule 3;
b
he was found not guilty of such an offence by reason of insanity;
c
he was found to be under a disability and to have done the act charged against him in respect of such an offence; or
d
in England and Wales or Northern Ireland, he was cautioned in respect of such an offence.
2
Subsection (1) does not apply if the notification period ended before the commencement of this Part.
3
Subsection (1)(a) does not apply to a conviction before 1st September 1997 unless, at the beginning of that day, the person—
a
had not been dealt with in respect of the offence;
b
was serving a sentence of imprisonment F97. . . , or was subject to a community order, in respect of the offence;
c
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
d
was detained in a hospital or was subject to a guardianship order, following the conviction.
4
Paragraphs (b) and (c) of subsection (1) do not apply to a finding made before 1st September 1997 unless, at the beginning of that day, the person—
a
had not been dealt with in respect of the finding; or
b
was detained in a hospital, following the finding.
5
Subsection (1)(d) does not apply to a caution given before 1st September 1997.
6
A person who would have been within subsection (3)(b) or (d) or (4)(b) but for the fact that at the beginning of 1st September 1997 he was unlawfully at large or absent without leave, on temporary release or leave of absence, or on bail pending an appeal, is to be treated as being within that provision.
7
Where, immediately before the commencement of this Part, an order under a provision within subsection (8) was in force in respect of a person, the person is subject to the notification requirements of this Part from that commencement until the order is discharged or otherwise ceases to have effect.
8
The provisions are—
a
section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders);
b
section 2 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders made in England and Wales);
c
section 2A of the Crime and Disorder Act 1998 (interim orders made in England and Wales);
d
section 20 of the Crime and Disorder Act 1998 (sex offender orders and interim orders made in Scotland);
e
Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland);
f
Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (interim orders made in Northern Ireland).
82The notification period
1
The notification period for a person within section 80(1) or 81(1) is the period in the second column of the following Table opposite the description that applies to him.
Description of relevant offender | Notification period |
|---|---|
A person who, in respect of the offence, is or has been sentenced to imprisonment for life F98, to imprisonment for public protection under section 225 of the Criminal Justice Act 2003 F99, to an indeterminate custodial sentence under Article 13(4)(a) of the Criminal Justice (Northern Ireland) Order 2008 or to imprisonment for a term of 30 months or more | An indefinite period beginning with the relevant date |
A person who, in respect of the offence, has been made the subject of an order under section 210F(1) of the Criminal Procedure (Scotland) Act 1995 (order for lifelong restriction) | An indefinite period beginning with that date |
A person who, in respect of the offence or finding, is or has been admitted to a hospital subject to a restriction order | An indefinite period beginning with that date |
A person who, in respect of the offence, is or has been sentenced to imprisonment for a term of more than 6 months but less than 30 months | 10 years beginning with that date |
A person who, in respect of the offence, is or has been sentenced to imprisonment for a term of 6 months or less | 7 years beginning with that date |
A person who, in respect of the offence or finding, is or has been admitted to a hospital without being subject to a restriction order | 7 years beginning with that date |
A person within section 80(1)(d) | 2 years beginning with that date |
A person in whose case an order for conditional discharge or, in Scotland, F100a community payback order imposing an offender supervision requirement, is made in respect of the offence | The period of conditional discharge or, in Scotland, F101the specified period for the offender supervision requirement |
A person of any other description | 5 years beginning with the relevant date |
2
Where a person is under 18 on the relevant date, subsection (1) has effect as if for any reference to a period of 10 years, 7 years, 5 years or 2 years there were substituted a reference to one-half of that period.
3
Subsection (4) applies where a relevant offender within section 80(1)(a) or 81(1)(a) is or has been sentenced, in respect of two or more offences listed in Schedule 3—
a
to consecutive terms of imprisonment; or
b
to terms of imprisonment which are partly concurrent.
4
Where this subsection applies, subsection (1) has effect as if the relevant offender were or had been sentenced, in respect of each of the offences, to a term of imprisonment which —
a
in the case of consecutive terms, is equal to the aggregate of those terms;
b
in the case of partly concurrent terms (X and Y, which overlap for a period Z), is equal to X plus Y minus Z.
5
Where a relevant offender the subject of a finding within section 80(1)(c) or 81(1)(c) is subsequently tried for the offence, the notification period relating to the finding ends at the conclusion of the trial.
6
In this Part, “relevant date” means—
a
in the case of a person within section 80(1)(a) or 81(1)(a), the date of the conviction;
b
in the case of a person within section 80(1)(b) or (c) or 81(1)(b) or (c), the date of the finding;
c
in the case of a person within section 80(1)(d) or 81(1)(d), the date of the caution;
d
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.
F4057
Schedule 3A (which provides for the review and discharge of indefinite notification requirements) has effect.
E1483Notification requirements: initial notification
1
A relevant offender must, within the period of 3 days beginning with the relevant date (or, if later, the commencement of this Part), notify to the police the information set out in subsection (5).
2
Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 80(1) if—
a
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”),
b
at that time, he had made a notification under subsection (1) in respect of the earlier event, and
c
throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.
3
Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 81(1) or an order within section 81(7) if the offender complied with section 2(1) of the Sex Offenders Act 1997 in respect of the conviction, finding, caution or order.
4
Where a notification order is made in respect of a conviction, finding or caution, subsection (1) does not apply to the relevant offender in respect of the conviction, finding or caution if—
a
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”),
b
at that time, he had made a notification under subsection (1) in respect of the earlier event, and
c
throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.
5
The information is—
a
the relevant offender’s date of birth;
b
his national insurance number;
c
his name on the relevant date and, where he used one or more other names on that date, each of those names;
d
his home address on the relevant date;
e
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;
f
his home address on the date on which notification is given;
g
the address of any other premises in the United Kingdom at which, at the time the notification is given, he regularly resides or stays;
F102h
any prescribed information.
F1035A
In subsection (5)(h) “prescribed” means prescribed by regulations made by the Secretary of State.
6
When determining the period for the purpose of subsection (1), there is to be disregarded any time when the relevant offender is—
a
remanded in or committed to custody by an order of a court F104or kept in service custody;
b
serving a sentence of imprisonment or a term of service detention;
c
detained in a hospital; or
d
outside the United Kingdom.
7
In this Part, “home address” means, in relation to any person—
a
the address of his sole or main residence in the United Kingdom, or
b
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.
E1383Notification requirements: initial notification
1
A relevant offender must, within the period of 3 days beginning with the relevant date (or, if later, the commencement of this Part), notify to the police the information set out in subsection (5).
2
Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 80(1) if—
a
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”),
b
at that time, he had made a notification under subsection (1) in respect of the earlier event, and
c
throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.
3
Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 81(1) or an order within section 81(7) if the offender complied with section 2(1) of the Sex Offenders Act 1997 in respect of the conviction, finding, caution or order.
4
Where a notification order is made in respect of a conviction, finding or caution, subsection (1) does not apply to the relevant offender in respect of the conviction, finding or caution if—
a
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”),
b
at that time, he had made a notification under subsection (1) in respect of the earlier event, and
c
throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event.
5
The information is—
a
the relevant offender’s date of birth;
b
his national insurance number;
c
his name on the relevant date and, where he used one or more other names on that date, each of those names;
d
his home address on the relevant date;
e
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;
f
his home address on the date on which notification is given;
g
the address of any other premises in the United Kingdom at which, at the time the notification is given, he regularly resides or stays;
F567h
whether he has any passports and, in relation to each passport he has, the details set out in subsection (5A);
i
such other information, about him or his personal affairs, as the Scottish Ministers may prescribe in regulations.
5A
The details are—
a
the issuing authority;
b
the number;
c
the dates of issue and expiry;
d
the name and date of birth given as being those of the passport holder.
6
When determining the period for the purpose of subsection (1), there is to be disregarded any time when the relevant offender is—
a
remanded in or committed to custody by an order of a court;
b
serving a sentence of imprisonment or a term of service detention;
c
detained in a hospital; or
d
outside the United Kingdom.
7
In this Part, “home address” means, in relation to any person—
a
the address of his sole or main residence in the United Kingdom, or
b
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.
F5688
In this section, “passport” means—
a
a United Kingdom passport within the meaning of the Immigration Act 1971 (c. 77);
b
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;
c
a document that can be used (in some or all circumstances) instead of a passport.
E284Notification requirements: changes
1
A relevant offender must, within the period of 3 days beginning with—
a
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),
b
any change of his home address,
c
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,
F109ca
any prescribed change of circumstances, or
d
his release from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital,
notify to the police that name, the new home address, the address of those premises F110, the prescribed details or (as the case may be) the fact that he has been released, and (in addition) the information set out in section 83(5).
2
A notification under subsection (1) may be given before the name is used, the change of home address F111or the prescribed change of circumstances occurs or the qualifying period ends, but in that case the relevant offender must also specify the date when the event is expected to occur.
3
If a notification is given in accordance with subsection (2) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1).
4
If a notification is given in accordance with subsection (2) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—
a
the notification does not affect the duty imposed by subsection (1), and
b
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.
5
Section 83(6) applies to the determination of the period of 3 days mentioned in subsection (1) and the period of 6 days mentioned in subsection (4)(b), as it applies to the determination of the period mentioned in section 83(1).
F1125A
In this section—
a
“prescribed change of circumstances” means any change—
i
occurring in relation to any matter in respect of which information is required to be notified by virtue of section 83(5)(h), and
ii
of a description prescribed by regulations made by the Secretary of State;
b
“the prescribed details”, in relation to a prescribed change of circumstances, means such details of the change as may be so prescribed.
6
In this section, “qualifying period” means—
a
a period of 7 days, or
b
two or more periods, in any period of 12 months, which taken together amount to 7 days.
E184Notification requirements: changes
1
A relevant offender must, within the period of 3 days beginning with—
a
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),
b
any change of his home address,
c
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, F105. . .
d
his release from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital,
F106e
his losing or ceasing to have a passport notified to the police under section 83(1) or this subsection,
f
his receiving a passport which has not been notified to the police under section 83(1) or this subsection, or
g
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,
notify to the police that name, the new home address, the address of those premises or F107the fact that he has been released, the fact that he has lost or ceased to have the passport, the details set out in section 83(5A) in relation to the passport or (as the case may be) such information as the Scottish Ministers prescribe in regulations, and (in addition) the information set out in section 83(5).
F1081A
In subsection (1), “passport” has the same meaning as in section 83.
2
A notification under subsection (1) may be given before the name is used, the change of home address occurs or the qualifying period ends, but in that case the relevant offender must also specify the date when the event is expected to occur.
3
If a notification is given in accordance with subsection (2) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1).
4
If a notification is given in accordance with subsection (2) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—
a
the notification does not affect the duty imposed by subsection (1), and
b
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.
5
Section 83(6) applies to the determination of the period of 3 days mentioned in subsection (1) and the period of 6 days mentioned in subsection (4)(b), as it applies to the determination of the period mentioned in section 83(1).
6
In this section, “qualifying period” means—
a
a period of 7 days, or
b
two or more periods, in any period of 12 months, which taken together amount to 7 days.
85Notification requirements: periodic notification
F4011
A relevant offender must, within F113the applicable period after each event within subsection (2), notify to the police the information set out in section 83(5), unless within that period he has given a notification under section 84(1).
2
The events are—
a
the commencement of this Part (but only in the case of a person who is a relevant offender from that commencement);
b
any notification given by the relevant offender under section 83(1) or 84(1); and
c
any notification given by him under subsection (1).
F4023
Where F114the applicable period would (apart from this subsection) end whilst subsection (4) applies to the relevant offender, that period is to be treated as continuing until the end of the period of 3 days beginning when subsection (4) first ceases to apply to him.
4
This subsection applies to the relevant offender if he is—
a
remanded in or committed to custody by an order of a court F115or kept in service custody,
b
serving a sentence of imprisonment or a term of service detention,
c
detained in a hospital, or
d
outside the United Kingdom.
F1165
In this section, the “applicable period” means—
a
in any case where subsection (6) applies to the relevant offender, such period not exceeding one year as the Scottish Ministers may prescribe in regulations, and
b
in any other case, the period of one year.
6
This subsection applies to the relevant offender if the last home address notified by the offender under section 83(1) or 84(1) or subsection (1) was the address or location of such a place as is mentioned in section 83(7)(b).
F1175
In this section, “the applicable period” means—
a
in any case where subsection (6) applies to the relevant offender, such period as may be prescribed by regulations made by the Secretary of State, and
b
in any other case, the period of one year.
6
This subsection applies to the relevant offender if the last home address notified by him under section 83(1) or 84(1) or subsection (1) was the address or location of such a place as is mentioned in section 83(7)(b).
85AF406Notification requirements: absence from notified residence
1
This section applies to a relevant offender at any time if the last home address notified by him under section 83(1), 84(1) or 85(1) was an address in Northern Ireland such as is mentioned in section 83(7)(a) (sole or main residence).
2
If the relevant offender intends to be absent from that home address for a period of more than 3 days (“the relevant period”), the relevant offender must, not less than 12 hours before leaving that home address, notify to the police the information set out in subsection (3).
3
The information is—
a
the date on which the relevant offender will leave that home address;
b
such details as the relevant offender holds about—
i
his travel arrangements during the relevant period;
ii
his accommodation arrangements during that period;
iii
his date of return to that home address.
4
In this section—
“travel arrangements” include, in particular, details of the means of transport to be used and the dates of travel,
“accommodation arrangements” include, in particular, the address of any accommodation at which the relevant offender will spend the night during the relevant period and the nature of that accommodation.
5
Where—
a
a relevant offender has given a notification under subsection (2), and
b
at any time before that mentioned in that subsection, the information notified becomes inaccurate or incomplete,
the relevant offender must give a further notification under subsection (2).
6
Where a relevant offender—
a
has notified a date of return to his home address, but
b
returns to his home address on a date other than that notified,
the relevant offender must notify the date of his actual return to the police within 3 days of his actual return.
7
Nothing in this section requires an offender to notify any information which falls to be notified in accordance with a requirement imposed by regulations under section 86.
8
In calculating the relevant period for the purposes of this section there is to be disregarded—
a
any period or periods which the relevant offender intends to spend at, or travelling directly to or from, an address of the kind mentioned in section 83(5)(g) notified to the police under section 83 or 85;
b
any period or periods which the relevant offender intends to spend at, or travelling directly to or from, any premises, if his stay at those premises would give rise to a requirement to notify the address of those premises under section 84(1)(c).
9
This section applies in relation to any relevant period which begins on or after the day after the coming into operation of section 2 of the Criminal Justice Act (Northern Ireland) 2013.
86Notification requirements: travel outside the United Kingdom
1
The Secretary of State may by regulations make provision requiring relevant offenders who leave the United Kingdom, or any description of such offenders—
a
to give in accordance with the regulations, before they leave, a notification under subsection (2);
b
if they subsequently return to the United Kingdom, to give in accordance with the regulations a notification under subsection (3).
2
A notification under this subsection must disclose—
a
the date on which the offender will leave the United Kingdom;
b
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;
c
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.
3
A notification under this subsection must disclose any information prescribed by the regulations about the offender’s return to the United Kingdom.
F1184
F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E387Method of notification and related matters
1
A person gives a notification under section 83(1), 84(1) F407or 85(1)F407, 85(1) or 85A(2) or (6) by—
a
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
b
giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.
2
A person giving a notification under section 84(1)—
a
in relation to a prospective change of home address, or
b
in relation to premises referred to in subsection (1)(c) of that section,
may give the notification at a police station that would fall within subsection (1) above if the change in home address had already occurred or (as the case may be) if the address of those premises were his home address.
3
Any notification under this section must be acknowledged; and an acknowledgment under this subsection must be in writing, and in such form as the Secretary of State may direct.
4
Where a notification is given under section 83(1), 84(1) F408or 85(1)F408, 85(1) or 85A(2) or (6), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), allow the officer or person to—
a
take his fingerprints,
b
photograph any part of him, or
c
do both these things.
5
The power in subsection (4) is exercisable for the purpose of verifying the identity of the relevant offender.
F1206
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E487Method of notification and related matters
1
A person gives a notification under section 83(1), 84(1) or 85(1) by—
a
attending at such police station F369... as the Secretary of State may by regulations prescribe or, if there is more than one, at any of them, and
b
giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.
2
A person giving a notification under section 84(1)—
a
in relation to a prospective change of home address, or
b
in relation to premises referred to in subsection (1)(c) of that section,
may give the notification at a police station that would fall within subsection (1) above if the change in home address had already occurred or (as the case may be) if the address of those premises were his home address.
3
Any notification under this section must be acknowledged; and an acknowledgment under this subsection must be in writing, and in such form as the Secretary of State may direct.
F1215A
Where a notification is given in Scotland under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), do one or more of the following—
a
allow the officer or person to photograph any part of the offender,
b
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,
c
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,
d
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.
F1225B
Where a notification is given in Scotland under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), produce each passport he has to that officer or person, for inspection by that officer or person.
5C
In subsection (5B), “passport” has the same meaning as in section 83.
F1236
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
88Section 87: interpretation
1
Subsections (2) to (4) apply for the purposes of section 87.
2
“Photograph” includes any process by means of which an image may be produced.
F1242A
“Relevant physical data” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995.
F3723
“Local police area” means, in relation to a person—
a
the police area in which his home address is situated;
b
in the absence of a home address, the police area in which the home address last notified is situated;
c
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.
4
The ways are—
a
dealing with a person in respect of an offence listed in Schedule 3 or a finding in relation to such an offence;
b
dealing with a person in respect of an offence under section 128 or a finding in relation to such an offence;
c
making, in respect of a person, a notification order, interim notification order, F439sexual harm prevention order, interim sexual harm prevention order, sexual offences prevention order or interim sexual offences prevention order;
d
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);
and in paragraphs (a) and (b), “finding” in relation to an offence means a finding of not guilty of the offence by reason of insanity or a finding that the person was under a disability and did the act or omission charged against him in respect of the offence.
5
Subsection (3) applies as if Northern Ireland were a police area.
F12588AF133Review of indefinite notification requirements: applicable persons
1
Sections 88B to 88H apply to—
a
a person who, on or after 28th January 2011, 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
b
a person who immediately before that date was subject to the notification requirements of this Part for an indefinite period by virtue of—
i
section 80(1);
ii
section 81(1); or
iii
a notification order made under section 97(5).
2
A person who falls within subsection (1)(a) or (b) is referred to in sections 88B to 88G as a “relevant sex offender”.
F12688BReview of indefinite notification requirements: date of discharge and further date of discharge
1
For the purposes of this Part, the date of discharge is—
a
where the relevant sex offender was aged 18 or over on the relevant date, the date falling 15 years after that date;
b
where the relevant sex offender was aged under 18 on the relevant date, the date falling 8 years after that date.
2
In determining the date of discharge under subsection (1), there is to be disregarded any time when the relevant sex offender was—
a
remanded in or committed to custody by order of a court;
b
serving a sentence of imprisonment or a term of service detention;
c
detained in hospital; or
d
outside the United Kingdom,
before the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997 or section 83(1) of this Part.
3
Subsection (4) applies where—
a
the relevant sex offender is subject to the notification requirements of this Part;
b
after the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997 or section 83(1) of this Part, the relevant sex offender was sentenced to a period of imprisonment or a term of service detention in respect of the offence (or offences) to which the notification requirements relate; and
c
the date of discharge would, apart from subsection (4), fall on or after 28th January 2011.
4
In determining the date of discharge under subsection (1), there is also to be disregarded any time when the relevant sex offender was serving a sentence of imprisonment or a term of service detention in respect of that offence (or those offences).
5
Where a notification continuation order made under this Part has effect in respect of the relevant sex offender, for the purposes of this Part the further date of discharge is the date of expiry of the fixed period specified in that order.
6
In this section and section 88D “relevant date”—
a
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);
b
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).
F12788CReview of the indefinite notification requirements: procedure and grounds
1
The relevant chief constable must no later than the date of discharge—
a
make a notification continuation order in respect of the relevant sex offender; or
b
notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the date of discharge.
2
A notification continuation order is an order making the relevant sex offender subject to the notification requirements of this Part for a fixed period of not more than 15 years from the date which would, but for the order, have been the date of discharge.
3
The relevant chief constable may make a notification continuation order only if satisfied, on the balance of probabilities, that the relevant sex offender poses a risk of sexual harm to the public, or any particular members of the public, in the United Kingdom.
4
In deciding whether to make a notification continuation order, the relevant chief constable must take into account—
a
the seriousness of the offence (or offences)—
i
of which the relevant sex offender was convicted;
ii
of which the relevant sex offender was found not guilty by reason of insanity;
iii
in respect of which the relevant sex offender was found to be under a disability and to have done the act charged; or
iv
in respect of which the relevant sex offender was cautioned in England and Wales or Northern Ireland,
which made the relevant sex offender subject to the notification requirements of this Part for an indefinite period;
b
the period of time which has elapsed since the relevant sex offender committed the offence (or offences);
c
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;
d
whether the relevant sex offender has committed any offence under section 91 of this Act;
e
the age of the relevant sex offender at the time of the decision;
f
the age of the relevant sex offender at the time the offence (or offences) referred to in paragraph (a) was (or were) committed;
g
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;
h
any convictions or findings made by a court in respect of the relevant sex offender for any other offence listed in Schedule 3;
i
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;
j
whether any criminal proceedings for any offences listed in Schedule 3 have been instituted against the relevant sex offender but have not concluded;
k
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;
l
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;
m
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
n
any other matter which the relevant chief constable considers to be appropriate.
5
A notification continuation order must state—
a
the reasons why the order was made; and
b
the reasons for the determination of the fixed period in the order.
6
A notification continuation order must be notified to the relevant sex offender by—
a
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
b
a constable serving a copy of the order on the relevant sex offender.
7
In this section—
“sexual harm” means physical or psychological harm caused by the relevant sex offender doing anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom; and
“responsible authorities” has the meaning given by section 10(7) of the Management of Offenders etc. (Scotland) Act 2005.
8
In this section and sections 88D to 88G, “relevant chief constable” means the chief constable of the F373Police Service of Scotland.
F12888DReview of indefinite notification requirement: transitional cases
1
This section applies to a case where—
a
the conditions in subsection (2) are satisfied in relation to a relevant sex offender falling within section 88A(1)(b)(ii); and
b
the relevant chief constable was, under this section as it had effect before the coming into force of the Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011, under the duty in subsection (4).
2
The conditions referred to in subsection (1)(a) are that the person—
a
was aged under 18 on the relevant date; and
b
after disregarding any time referred to in subsection (3), had 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 25th October 2010.
3
That time is any time during which the relevant sex offender was—
a
remanded in or committed to custody by order of the court;
b
serving a sentence of imprisonment or a term of service detention;
c
detained in hospital; or
d
outside the United Kingdom,
before the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997.
4
The duty referred to in subsection (1)(b) is a duty, no later than the applicable date, to—
a
make a notification continuation order in respect of the relevant sex offender; or
b
notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the applicable date.
5
In this section the “applicable date” is 25th January 2011.
F12988EReview of indefinite notification requirements: further review
1
Where a notification continuation order has been made, the relevant chief constable must no later than the further date of discharge—
a
make another notification continuation order in respect of the relevant sex offender; or
b
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.
2
Section 88C(2) to (8) applies in relation to this section, but a reference to the date of discharge is to be read as a reference to the further date of discharge.
88FReview of the indefinite notification requirements: application to a sheriff
1
Where a relevant chief constable fails to comply with section 88C(1), 88D(3) or 88E(1), the relevant sex offender may make an application to a sheriff for an order that the offender is no longer subject to the notification requirements of this Part.
2
An application under subsection (1) is to be made by summary application to the sheriff in whose sheriffdom the relevant sex offender resides.
3
On an application under subsection (1), the sheriff may—
a
make the order sought in the application; or
b
make a notification continuation order in respect of the relevant sex offender.
4
Section 88C(2) to (5) and (7) applies in relation to the making of a notification continuation order under this section, but—
a
a reference to the relevant chief constable is to be read as a reference to the sheriff;
b
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
c
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.
5
The relevant chief constable and the relevant sex offender may appear or be represented at any hearing in respect of the application.
6
Where an application under subsection (1) is determined, the sheriff clerk must send a copy of the interlocutor, and where made a copy of the notification continuation order, to the relevant sex offender and the relevant chief constable.
7
The copy of the interlocutor, and where made the copy of the notification continuation order, is sent in accordance with subsection (6) if—
a
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
b
personally served on the relevant sex offender and the relevant chief constable.
8
The relevant sex offender remains subject to the notification requirements of this Part until the matter is finally determined as mentioned in section 88G(10).
88GReview of indefinite notification requirements: appeals
1
The decision of the relevant chief constable—
a
to make a notification continuation order; and
b
setting the fixed period of the notification continuation order,
may be appealed by the relevant sex offender within 21 days after the date specified in subsection (3).
2
An appeal under subsection (1) is to be made by summary application to the sheriff in whose sheriffdom the relevant sex offender resides.
3
The date is—
a
where the appeal is brought against the decision of the relevant chief constable made under section 88C(1), the date of discharge;
b
where the appeal is brought against the decision of the relevant chief constable made under section 88D(1), the applicable date; or
c
where the appeal is brought against the decision of the relevant chief constable made under section 88E(1), the further date of discharge.
4
The decision of a sheriff—
a
on an application made under section 88F(1);
b
on appeal made under subsection (1); and
c
in relation to the fixed period of the notification continuation order,
may be appealed by the relevant sex offender or the relevant chief constable to the sheriff principal within 21 days of the date of that decision.
5
On an appeal under this section, the sheriff or the sheriff principal may—
a
uphold or quash the decision of the relevant chief constable or, as the case may be, the sheriff;
b
make a notification continuation order; or
c
vary the fixed period in that order.
6
Section 88C(3) to (5) apply in relation to the making of a notification continuation order under this section but a reference to the relevant chief constable is to be read as a reference to the sheriff or, as the case may be, sheriff principal.
7
Where an appeal under this section is finally determined, the sheriff clerk must send a copy of the interlocutor, and where made a copy of the notification continuation order, to the relevant sex offender and the relevant chief constable.
8
The copy of the interlocutor, and where made the copy of the notification continuation order, shall be sent in accordance with subsection (7) if—
a
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
b
personally served on the relevant sex offender and relevant chief constable.
9
The relevant sex offender remains subject to the existing notification requirements of this Part until the matter is finally determined as mentioned in subsection (10).
10
The matter is finally determined—
a
where it is decided that a relevant sex offender should cease to be subject to the notification requirements of this Part, or the decision to make a notification continuation order is quashed, on the expiry of the period of 21 days referred to in subsection (4) without an appeal being taken;
b
where a notification continuation order is made, or a decision to make such an order is upheld on appeal, on the expiry of the period of 21 days referred to in subsection (1) or (4) without an appeal being taken; or
c
where an appeal is taken—
i
on the disposal of the appeal; or
ii
on its being abandoned.
88HReview of indefinite notification requirements: power to amend periods
The Secretary of State may by order amend—
- a
the periods specified in sections 88B(1)(a) and (b); and
- b
the fixed period specified in section 88C(2).
- a
88IDischarge from indefinite notification requirements: England, Wales and Northern Ireland
1
A relevant offender who is, under the relevant legislation, discharged from the notification requirements of this Part by a court, person or body in England and Wales or Northern Ireland is, by virtue of the discharge, also discharged from the notification requirements of this Part as it applies to Scotland.
2
In subsection (1) “relevant legislation” means legislation which makes provision equivalent to that made by sections 88A to 88H and this section for a relevant offender who is subject to the notification requirements of this Part as it applies to England and Wales or, as the case may be, Northern Ireland for an indefinite period to be discharged from those notification requirements.
89Young offenders: parental directions
1
Where a person within the first column of the following Table (“the young offender”) is under 18 (or, in Scotland, 16) when he is before the court referred to in the second column of the Table opposite the description that applies to him, that court may direct that subsection (2) applies in respect of an individual (“the parent”) having parental responsibility for (or, in Scotland, parental responsibilities in relation to) the young offender.
Description of person | Court which may make the direction |
|---|---|
A relevant offender within section 80(1)(a) to (c) or 81(1)(a) to (c) | The court which deals with the offender in respect of the offence or finding |
A relevant offender within section 129(1)(a) to (c) | The court which deals with the offender in respect of the offence or finding |
A person who is the subject of a notification order, interim notification order, F440sexual harm prevention order, interim sexual harm prevention order, sexual offences prevention order or interim sexual offences prevention order | The court which makes the order |
A relevant offender who is the defendant to an application under subsection (4) (or, in Scotland, the subject of an application under subsection (5)) | The court which hears the application |
2
Where this subsection applies—
a
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
b
the parent must ensure that the young offender attends at the police station with him, when a notification is being given.
3
A direction under subsection (1) takes immediate effect and applies—
a
until the young offender attains the age of 18 (or, where a court in Scotland gives the direction, 16); or
b
for such shorter period as the court may, at the time the direction is given, direct.
4
A chief officer of police may, by complaint to any magistrates' court whose commission area includes any part of his police area, apply for a direction under subsection (1) in respect of a relevant offender (“the defendant”)—
a
who resides in his police area, or who the chief officer believes is in or is intending to come to his police area, and
b
who the chief officer believes is under 18.
5
In Scotland, F374the chief constable of the Police Service of Scotland may, by summary application to any sheriff F375..., apply for a direction under subsection (1) in respect of a relevant offender (“the subject”)—
a
who resides in that area, or who the chief constable believes is in or is intending to come to that area, and
b
who the chief constable believes is under 16.
90Parental directions: variations, renewals and discharges
1
A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a direction under section 89(1).
2
The persons are—
a
the young offender;
b
the parent;
c
the chief officer of police for the area in which the young offender resides;
d
a chief officer of police who believes that the young offender is in, or is intending to come to, his police area;
F376e
in Scotland—
i
where the appropriate court is a civil court, the chief constable of the Police Service of Scotland; and
ii
in any other case, the prosecutor;
f
where the direction was made on an application under section 89(4), the chief officer of police who made the application;
g
where the direction was made on an application under section 89(5), the chief constable who made the application.
3
An application under subsection (1) may be made—
a
where the appropriate court is the Crown Court (or in Scotland a criminal court), in accordance with rules of court;
b
in any other case, by complaint (or, in Scotland, by summary application).
4
On the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the direction, that the court considers appropriate.
5
In this section, the “appropriate court” means—
a
where the Court of Appeal made the order, the Crown Court;
b
in any other case, the court that made the direction under section 89(1).
E591Offences relating to notification
1
A person commits an offence if he—
a
fails, without reasonable excuse, to comply with section 83(1), 84(1), 84(4)(b), 85(1)F409, 85A(2) or (6), 87(4) or 89(2)(b) or any requirement imposed by regulations made under section 86(1); or
2
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
3
A person commits an offence under paragraph (a) of subsection (1) on the day on which he first fails, without reasonable excuse, to comply with section 83(1), 84(1) F411or 85(1)F411, 85(1) or 85A(2) or (6) or a requirement imposed by regulations made under section 86(1), and continues to commit it throughout any period during which the failure continues; but a person must not be prosecuted under subsection (1) more than once in respect of the same failure.
4
Proceedings for an offence under this section may be commenced in any court having jurisdiction in any place where the person charged with the offence resides or is found.
E691Offences relating to notification
1
A person commits an offence if he—
a
b
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.
2
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
3
A person commits an offence under paragraph (a) of subsection (1) on the day on which he first fails, without reasonable excuse, to comply with section 83(1), 84(1) or 85(1) or a requirement imposed by regulations made under section 86(1), and continues to commit it throughout any period during which the failure continues; but a person must not be prosecuted under subsection (1) more than once in respect of the same failure.
F1324
Proceedings for an offence under this section may be commenced in any court—
a
having jurisdiction in any place where the accused—
i
resides;
ii
is last known to have resided; or
iii
is found;
b
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
c
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.
91AF356Review of indefinite notification requirements: qualifying relevant offender
1
A qualifying relevant offender may apply to the relevant chief officer of police for a determination that the qualifying relevant offender is no longer subject to the indefinite notification requirements (“an application for review”).
2
A qualifying relevant offender means a relevant offender who, on the date on which he makes an application for review, is—
a
subject to the indefinite notification requirements; and
b
not subject to F441a sexual harm prevention order under section 103A, an interim sexual harm prevention order under section 103F, a sexual offences prevention order under section 104(1) or an interim sexual offences prevention order under section 109(3).
3
The “indefinite notification requirements” mean the notification requirements of this Part for an indefinite period by virtue of—
a
section 80(1);
b
section 81(1); or
c
a notification order made under section 97(5).
4
In this Part, the “relevant chief officer of police” means, subject to subsection (5), the chief officer of police for the police area in which a qualifying relevant offender is recorded as residing or staying in the most recent notification given by him under section 84(1) or 85(1).
5
Subsection (6) applies if a qualifying relevant offender is recorded as residing or staying at more than one address in the most recent notification given by him under section 84(1) or 85(1).
6
If this subsection applies, the “relevant chief officer of police” means the chief officer of police for the police area in which, during the relevant period, the qualifying relevant offender has resided or stayed on a number of days which equals or exceeds the number of days on which he has resided or stayed in any other police area.
7
In subsection (6), “the relevant period” means the period of 12 months ending on the day on which the qualifying relevant offender makes an application for review.
91BReview of indefinite notification requirements: application for review and qualifying dates
1
An application for review must be in writing and may be made on or after the qualifying date or, as the case may be, the further qualifying date.
2
Subject to subsection (7), the qualifying date is—
a
where the qualifying relevant offender was 18 or over on the relevant date, the day after the end of the 15 year period beginning with the day on which the qualifying relevant offender gives the relevant notification; or
b
where the qualifying relevant offender was under 18 on the relevant date, the day after the end of the 8 year period beginning with the day on which the qualifying relevant offender gives the relevant notification.
3
Subject to subsections (4) to (6), the further qualifying date is the day after the end of the 8 year period beginning with the day on which the relevant chief officer of police makes a determination under section 91C to require a qualifying relevant offender to remain subject to the indefinite notification requirements.
4
Subsection (5) applies if the relevant chief officer of police, when making a determination under section 91C to require a qualifying relevant offender to remain subject to the indefinite notification requirements, considers that the risk of sexual harm posed by a qualifying relevant offender is sufficient to justify a continuation of those requirements after the end of the 8 year period beginning with the day on which the determination is made.
5
If this subsection applies, the relevant chief officer of police may make a determination to require a qualifying relevant offender to remain subject to the indefinite notification requirements for a period which may be no longer than the 15 year period beginning with the day on which the determination is made.
6
If subsection (5) applies, the further qualifying date is the day after the end of the period determined under that subsection.
7
The qualifying date must not be earlier than the expiry of the fixed period specified in a notification continuation order made in relation to a qualifying relevant offender in accordance with sections 88A to 88I.
8
The relevant chief officer of police within 14 days of receipt of an application for review—
a
must give an acknowledgment of receipt of the application to the qualifying relevant offender, and
b
may notify a responsible body that the application has been made.
9
Where a responsible body is notified of the application for review under subsection (8)(b) and holds information which it considers to be relevant to the application, the responsible body must give such information to the relevant chief officer of police within 28 days of receipt of the notification.
10
In this section “the relevant notification” means the first notification which the relevant offender gives under section 83, 84 or 85 when he is first released after—
a
being remanded in or committed to custody by an order of a court in relation to the conviction for the offence giving rise to the indefinite notification requirements;
b
serving a sentence of imprisonment or a term of service detention in relation to that conviction;
c
being detained in hospital in relation to that conviction.
11
For the purposes of this Part—
a
“responsible body” means—
i
the probation trust for any area that includes any part of the police area concerned,
ii
in relation to any part of the police area concerned for which there is no probation trust, each provider of probation services which has been identified as a relevant provider of probation services for the purposes of section 325 of the Criminal Justice Act 2003 by arrangements under section 3 of the Offender Management Act 2007,
iii
the Minister of the Crown exercising functions in relation to prisons (and for this purpose “prison” has the same meaning as in the Prison Act 1952), and
iv
each body mentioned in section 325(6) of the Criminal Justice Act 2003, but as if the references in that subsection to the relevant area were references to the police area concerned;
b
“risk of sexual harm” means a risk of physical or psychological harm to the public in the United Kingdom or any particular members of the public caused by the qualifying relevant offender committing one or more of the offences listed in Schedule 3.
91CReview of indefinite notification requirements: determination of application for review
1
The relevant chief officer of police must, within 6 weeks of the latest date on which any body to which a notification has been given under section 91B(8)(b) may give information under section 91B(9)—
a
determine the application for review, and
b
give notice of the determination to the qualifying relevant offender.
2
For the purposes of the determination of an application for review under this section, a qualifying relevant offender must satisfy the relevant chief officer of police that it is not necessary for the purpose of protecting the public or any particular members of the public from sexual harm for the qualifying relevant offender to remain subject to the indefinite notification requirements.
3
If the relevant chief officer of police determines under this section that the qualifying relevant offender should remain subject to the indefinite notification requirements, the notice of the determination must—
a
contain a statement of reasons for the determination, and
b
inform the qualifying relevant offender that he may appeal the determination in accordance with section 91E.
4
If the relevant chief officer of police determines under this section that a qualifying relevant offender should not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of receipt of the notice of determination.
5
The Secretary of State may by order amend the period in subsection (1).
91DReview of indefinite notification requirements: factors applying to determination under section 91C
1
In determining an application for review under section 91C, the relevant chief officer of police must—
a
have regard to information (if any) received from a responsible body;
b
consider the risk of sexual harm posed by the qualifying relevant offender and the effect of a continuation of the indefinite notification requirements on the offender; and
c
take into account the matters listed in subsection (2).
2
The matters are—
a
the seriousness of the offence in relation to which the qualifying relevant offender became subject to the indefinite notification requirements;
b
the period of time which has elapsed since the qualifying relevant offender committed the offence (or other offences);
c
where the qualifying relevant offender falls within section 81(1), whether the qualifying relevant offender committed any offence under section 3 of the Sex Offenders Act 1997;
d
whether the qualifying relevant offender has committed any offence under section 91;
e
the age of the qualifying relevant offender at the qualifying date or further qualifying date;
f
the age of the qualifying relevant offender at the time the offence referred to in paragraph (a) was committed;
g
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 qualifying relevant offender at the time the offence was committed;
h
any assessment of the risk posed by the qualifying relevant offender which has been made by a responsible body under the arrangements for managing and assessing risk established under section 325 of the Criminal Justice Act 2003;
i
any submission or evidence from a victim of the offence giving rise to the indefinite notification requirements;
j
any convictions or findings made by a court (including by a court in Scotland, Northern Ireland or countries outside the United Kingdom) in respect of the qualifying relevant offender for any offence listed in Schedule 3 other than the one referred to in paragraph (a);
k
any caution which the qualifying relevant offender has received for an offence (including for an offence in Northern Ireland or countries outside the United Kingdom) which is listed in Schedule 3;
l
any convictions or findings made by a court in Scotland, Northern Ireland or countries outside the United Kingdom in respect of the qualifying relevant offender for any offence listed in Schedule 5 where the behaviour of the qualifying relevant offender since the date of such conviction or finding indicates a risk of sexual harm;
m
any other submission or evidence of the risk of sexual harm posed by the qualifying relevant offender;
n
any evidence presented by or on behalf of the qualifying relevant offender which demonstrates that the qualifying relevant offender does not pose a risk of sexual harm; and
o
any other matter which the relevant chief officer of police considers to be appropriate.
3
In this section, a reference to a conviction, finding or caution for an offence committed in a country outside the United Kingdom means a conviction, finding or caution for an act which—
a
constituted an offence under the law in force in the country concerned, and
b
would have constituted an offence listed in Schedule 3 or Schedule 5 if it had been done in any part of the United Kingdom.
91EReview of indefinite notification requirements: appeals
1
A qualifying relevant offender may appeal against a determination of the relevant chief officer of police under section 91C.
2
An appeal under this section may be made by complaint to a magistrates’ court within the period of 21 days beginning with the day of receipt of the notice of determination.
3
A qualifying relevant offender may appeal under this section to any magistrates’ court in a local justice area which includes any part of the police area for which the chief officer is the relevant chief officer of police.
4
If the court makes an order that a qualifying relevant offender should not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of the order.
91FReview of indefinite notification requirements: guidance
1
The Secretary of State must issue guidance to relevant chief officers of police in relation to the determination by them of applications made under section 91B.
2
The Secretary of State may, from time to time, revise the guidance issued under subsection (1).
3
The Secretary of State must arrange for any guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate.
92Certificates for purposes of Part 2
1
Subsection (2) applies where on any date a person is—
a
convicted of an offence listed in Schedule 3;
b
found not guilty of such an offence by reason of insanity; or
c
found to be under a disability and to have done the act charged against him in respect of such an offence.
2
If the court by or before which the person is so convicted or found—
a
states in open court—
i
that on that date he has been convicted, found not guilty by reason of insanity or found to be under a disability and to have done the act charged against him, and
ii
that the offence in question is an offence listed in Schedule 3, and
b
certifies those facts, whether at the time or subsequently,
the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts.
3
Subsection (4) applies where on any date a person is, in England and Wales or Northern Ireland, cautioned in respect of an offence listed in Schedule 3.
4
If the constable—
a
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
b
certifies those facts, whether at the time or subsequently, in such form as the Secretary of State may by order prescribe,
the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts.
93F393Abolished homosexual offencesF393Acts which are no longer offences
Information for verification
94Part 2: supply of information to Secretary of State etc. for verification
1
This section applies to information notified to the police under—
a
section 83, 84 or 85, or
b
section 2(1) to (3) of the Sex Offenders Act 1997 (c. 51).
2
A person within subsection (3) may, for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, supply information to which this section applies to—
a
the Secretary of State,
F357aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
a Northern Ireland Department, or
c
a person providing services to the Secretary of State F358... or a Northern Ireland Department in connection with a relevant function,
for use for the purpose of verifying the information.
3
The persons are—
a
a chief officer of police (in Scotland, F377the chief constable of the Police Service of Scotland),
F403b
the Director General of the National Crime Agency.
4
In relation to information supplied under subsection (2) to any person, the reference to verifying the information is a reference to—
a
checking its accuracy by comparing it with information held—
i
where the person is the Secretary of State F359... or a Northern Ireland Department, by him or it in connection with the exercise of a relevant function, or
ii
where the person is within subsection (2)(c), by that person in connection with the provision of services referred to there, and
b
compiling a report of that comparison.
5
Subject to subsection (6), the supply of information under this section is to be taken not to breach any restriction on the disclosure of information (however arising or imposed).
6
This section does not authorise the doing of anything that contravenes the Data Protection Act 1998 (c. 29).
7
This section does not affect any power existing apart from this section to supply information.
8
In this section—
“Northern Ireland Department” means the Department for Employment and Learning, the Department of the Environment or the Department for Social Development;
“relevant function” means—
- a
a function relating to social security, child support, employment or training,
- aa
F360. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- b
a function relating to passports,
- c
a function under Part 3 of the Road Traffic Act 1988 (c. 52) or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).
- a
95Part 2: supply of information by Secretary of State etc.
1
A report compiled under section 94 may be supplied by—
a
the Secretary of State,
F361aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
a Northern Ireland Department, or
c
a person within section 94(2)(c),
to a person within subsection (2).
2
The persons are—
a
a chief officer of police (in Scotland, F378the chief constable of the Police Service of Scotland),
F134b
the Serious Organised Crime Agency.
3
Such a report may contain any information held—
a
by the Secretary of State F362... or a Northern Ireland Department in connection with the exercise of a relevant function, or
b
by a person within section 94(2)(c) in connection with the provision of services referred to there.
4
Where such a report contains information within subsection (3), the person within subsection (2) to whom it is supplied—
a
may retain the information, whether or not used for the purposes of the prevention, detection, investigation or prosecution of an offence under this Part, and
b
may use the information for any purpose related to the prevention, detection, investigation or prosecution of offences (whether or not under this Part), but for no other purpose.
5
Subsections (5) to (8) of section 94 apply in relation to this section as they apply in relation to section 94.
Information about release or transfer
96Information about release or transfer
1
This section applies to a relevant offender who is serving a sentence of imprisonment or a term of service detention, or is detained in a hospital.
2
The Secretary of State may by regulations make provision requiring notice to be given by the person who is responsible for that offender to persons prescribed by the regulations, of any occasion when the offender is released or a different person becomes responsible for him.
F1352A
The regulations may make provision requiring the person who is responsible for an offender, in giving notice under the regulations, to provide—
a
any information about the offender, or
b
a photograph of any part of the offender.
2B
In subsection (2A), “photograph” is to be construed in accordance with section 88(2).
3
The regulations may make provision for determining who is to be treated for the purposes of this section as responsible for an offender.
4
F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F412Offences committed in a country outside the United Kingdom
Ss. 96A, 96AA inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 4(2), 15(2)(c); S.R. 2014/179, art. 2(b)
96AOffences committed in a country outside the United Kingdom
1
This section applies to a person (“P”) if the following 3 conditions are met with respect to P.
2
The first condition is that under the law in force in a country outside the United Kingdom—
a
P has been convicted of a relevant offence (whether or not P has been punished for it),
b
a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that P is not guilty by reason of insanity,
c
such a court has made in respect of a relevant offence a finding equivalent to a finding that P is under a disability and did the act charged against P in respect of the offence, or
d
P has been cautioned in respect of a relevant offence.
3
The second condition is that—
a
the first condition is met because of a conviction, finding or caution which occurred on or after 1st September 1997,
b
the first condition is met because of a conviction or finding which occurred before that date, but P was dealt with in respect of the offence or finding on or after that date, or has yet to be dealt with in respect of it, or
c
the first condition is met because of a conviction or finding which occurred before that date, but on that date P was, in respect of the offence or finding, subject under the law in force in the country concerned to detention, supervision or any other disposal equivalent to any of those mentioned in section 81(3) (read with sections 81(6) and 131).
4
The third condition is that the period set out in section 82 (as modified by subsections (6) and (7) below) in respect of the relevant offence has not expired.
5
Where this section applies to P, P is subject to the notification requirements of this Part for the notification period set out in section 82; but the application of this Part to P in respect of the conviction, finding or caution is subject—
a
in all cases, to the modifications set out below; and
b
in a case where the first condition mentioned in subsection (2) is met by reason of a conviction, finding or caution in a country which is not a member of the Council of Europe, to the further provisions in section 96AA.
6
The “relevant date” means—
a
in the case where P is within subsection (2)(a), the date of the conviction;
b
in the case where P is within subsection (2)(b) or (c), the date of the finding;
c
in the case where P is within subsection (2)(d), the date of the caution.
7
In section 82—
a
references, except in the Table, to a person (or relevant offender) within any provision of section 80 are to be read as references to P;
b
the reference in the Table to section 80(1)(d) is to be read as a reference to subsection (2)(d);
c
references to an order of any description are to be read as references to any corresponding disposal made in relation to P in respect of an offence or finding by reference to which this section applies to P;
d
the reference to offences listed in Schedule 3 is to be read as a reference to relevant offences.
8
In sections 83 and 85 references to the commencement of this Part are to be read as references to the commencement of section 4 of the Criminal Justice Act (Northern Ireland) 2013.
9
Section 83 has effect as if after subsection (1) there were inserted—
1A
In the case of a person who is not ordinarily resident in Northern Ireland, in calculating the period of 3 days mentioned in subsection (1) there is to be disregarded a period of 7 days (or two or more periods in any period of 12 months taken together which amount to 7 days) after that person's entry into Northern Ireland.
10
Section 83(4) has effect as if—
a
for the words “Where a notification order is made” there were substituted “
Where a relevant offender is subject to the notification requirements of this Part by virtue of section 96A
”
; and
b
in paragraph (a) for the words “the order was made” there were substituted “
he became a person to whom section 96A applies
”
.
11
In this section “relevant offence” means an act which—
a
constituted an offence under the law in force in the country concerned, and
b
would have constituted an offence listed in Schedule 3 (other than at paragraph 60) if it had been done in any part of the United Kingdom;
and for the purposes of this subsection an act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law however it is described in that law.
96AAConvictions, etc. in a country which is not a member of the Council of Europe
1
The further provisions referred to in section 96A(5)(b) are as follows.
2
Where P is charged with an offence under section 91(1)(a), it is a defence for P to prove that the relevant conviction, finding or caution falls within subsection (4).
3
P shall cease to be subject to the notification requirements of this Part by virtue of section 96A if the High Court, on an application made by P in accordance with rules of court, so orders; but the High Court shall not make such an order unless it is satisfied that the relevant conviction, finding or caution falls within subsection (4).
4
A conviction, finding or caution falls within this subsection if the relevant court is satisfied—
a
that any investigations or proceedings leading to it were conducted in a way which contravened any of the Convention rights which P would have had if those investigations or proceedings had taken place in the United Kingdom; and
b
that contravention was such that, in the opinion of the court, the conviction, finding or caution cannot safely be relied on for the purposes of meeting the condition in section 96A(2).
5
In this section—
“the relevant conviction, finding or caution” means the conviction, finding or caution by reason of which P is subject, by virtue of section 96A, to the notification requirements of this Part;
“the relevant court” means—
- a
in a case to which subsection (2) applies, the court before which P is charged;
- b
in a case to which subsection (3) applies, the High Court.
- a
F137Entry and examination of home address
S. 96A inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 80, 104; S.S.I. 2006/432, art. 2(d)
96APolice powers of entry to and examination of relevant offender's home address
1
A sheriff may, if satisfied on the application of a senior police officer F379... as to the matters mentioned in subsection (2), grant a warrant authorising any constable of the F380Police Service of Scotland to enter premises in the sheriffdom (if necessary using reasonable force) and to examine and search them, and the things in them, for the purpose mentioned in subsection (3).
2
Those matters are—
a
that the premises are either—
i
premises whose address has been notified by a relevant offender as his home address in his most recent notification of a home address under this Part; or
ii
premises whose address has been notified by a relevant offender as the address of any other premises at which he regularly resides or stays, in his most recent notification under section 83(1) or 85(1) or in any notification under section 84(1) given by him since that notification;
b
that the offender is not one to whom subsection (4) applies;
c
that it would assist the carrying out of the purpose mentioned in subsection (3), for a constable of the relevant force to examine and search the premises and the things in them; and
C13d
that on more than one occasion, a constable of the F381Police Service of Scotland has attempted to examine and search the premises and the things in them for the purpose mentioned in subsection (3) and has been unable (whether by not being able to search and examine the premises and the things in them, or by not being able to obtain entry to the premises) to do so.
3
That purpose is assessing the risk of the offender committing a sexual offence.
4
This subsection applies to the relevant offender if he is—
a
remanded in or committed to custody by an order of a court;
b
serving a sentence of imprisonment or a term of service detention;
c
detained in a hospital; or
d
outside the United Kingdom.
5
A sheriff is to determine an application for a warrant under subsection (1) without hearing from the relevant offender or any other person who has an interest in the premises.
6
A warrant under subsection (1) does not confer power to seize anything in the premises to which it relates.
7
A warrant under subsection (1) must be executed at a reasonable hour.
8
A warrant under subsection (1) continues in force until the expiry of the period of one month beginning with the date of the warrant's grant.
9
A warrant under subsection (1) authorises entry on one occasion only.
10
This section does not prejudice any other power of entry, examination, search or seizure.
11
In this section—
F382...
“senior police officer” means a constable F383of the Police Service of Scotland of the rank of superintendent or above; and
“sexual offence” means—
- a
an offence within any of paragraphs 36 to 59C of Schedule 3; or
- b
any other offence in circumstances in which it would be likely that a determination such as is mentioned in paragraph 60 of that Schedule would be made in relation to the offence.
- a
F225Entry and search of home address
S. 96B and cross-heading inserted (E.W.N.I.) (31.5.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 58(1), 66(2); S.I. 2007/858, art. 3(f)
96BPower of entry and search of relevant offender's home address
1
If on an application made by a senior police officer of the relevant force a justice of the peace is satisfied that the requirements in subsection (2) are met in relation to any premises, he may issue a warrant authorising a constable of that force—
a
to enter the premises for the purpose of assessing the risks posed by the relevant offender to which the warrant relates; and
b
to search the premises for that purpose.
2
The requirements are—
a
that the address of each set of premises specified in the application is an address falling within subsection (3);
b
that the relevant offender is not one to whom subsection (4) applies;
c
that it is necessary for a constable to enter and search the premises for the purpose mentioned in subsection (1)(a); and
d
that on at least two occasions a constable has sought entry to the premises in order to search them for that purpose and has been unable to obtain entry for that purpose.
3
An address falls within this subsection if—
a
it is the address which was last notified in accordance with this Part by a relevant offender to the police as his home address; or
b
there are reasonable grounds to believe that a relevant offender resides there or may regularly be found there.
4
This subsection applies to a relevant offender if he is—
a
remanded in or committed to custody by order of a court;
b
serving a sentence of imprisonment or a term of service detention;
c
detained in a hospital; or
d
outside the United Kingdom.
5
A warrant issued under this section must specify the one or more sets of premises to which it relates.
6
The warrant may authorise the constable executing it to use reasonable force if necessary to enter and search the premises.
7
The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose mentioned in subsection (1)(a).
8
Where a warrant issued under this section authorises multiple entries, the number of entries authorised may be unlimited or limited to a maximum.
9
In this section a reference to the relevant offender to whom the warrant relates is a reference to the relevant offender—
a
who has in accordance with this Part notified the police that the premises specified in the warrant are his home address; or
b
in respect of whom there are reasonable grounds to believe that he resides there or may regularly be found there.
10
In this section—
“the relevant force” means the police force maintained for the police area in which the premises in respect of which the application is made or the warrant is issued are situated;
“senior police officer” means a constable of the rank of superintendent or above.
Notification orders
F41397Notification orders: applications and grounds
1
A chief officer of police may, by complaint to any magistrates' court whose commission area includes any part of his police area, apply for an order under this section (a “notification order”) in respect of a person (“the defendant”) if—
a
it appears to him that the following three conditions are met with respect to the defendant, and
b
the defendant resides in his police area or the chief officer believes that the defendant is in, or is intending to come to, his police area.
2
The first condition is that under the law in force in a country outside the United Kingdom—
a
he has been convicted of a relevant offence (whether or not he has been punished for it),
b
a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that he is not guilty by reason of insanity,
c
such a court has made in respect of a relevant offence a finding equivalent to a finding that he is under a disability and did the act charged against him in respect of the offence, or
d
he has been cautioned in respect of a relevant offence.
3
The second condition is that—
a
the first condition is met because of a conviction, finding or caution which occurred on or after 1st September 1997,
b
the first condition is met because of a conviction or finding which occurred before that date, but the person was dealt with in respect of the offence or finding on or after that date, or has yet to be dealt with in respect of it, or
c
the first condition is met because of a conviction or finding which occurred before that date, but on that date the person was, in respect of the offence or finding, subject under the law in force in the country concerned to detention, supervision or any other disposal equivalent to any of those mentioned in section 81(3) (read with sections 81(6) and 131).
4
The third condition is that the period set out in section 82 (as modified by subsections (2) and (3) of section 98) in respect of the relevant offence has not expired.
5
If on the application it is proved that the conditions in subsections (2) to (4) are met, the court must make a notification order.
6
In this section and section 98, “relevant offence” has the meaning given by section 99.
F41398Notification orders: effect
1
Where a notification order is made—
a
the application of this Part to the defendant in respect of the conviction, finding or caution to which the order relates is subject to the modifications set out below, and
b
subject to those modifications, the defendant becomes or (as the case may be) remains subject to the notification requirements of this Part for the notification period set out in section 82.
2
The “relevant date” means—
a
in the case of a person within section 97(2)(a), the date of the conviction;
b
in the case of a person within section 97(2)(b) or (c), the date of the finding;
c
in the case of a person within section 97(2)(d), the date of the caution.
3
In section 82—
a
references, except in the Table, to a person (or relevant offender) within any provision of section 80 are to be read as references to the defendant;
b
the reference in the Table to section 80(1)(d) is to be read as a reference to section 97(2)(d);
c
references to an order of any description are to be read as references to any corresponding disposal made in relation to the defendant in respect of an offence or finding by reference to which the notification order was made;
d
the reference to offences listed in Schedule 3 is to be read as a reference to relevant offences.
4
In sections 83 and 85, references to the commencement of this Part are to be read as references to the date of service of the notification order.
F41399Sections 97 and 98: relevant offences
1
“Relevant offence” in sections 97 and 98 means an act which—
a
constituted an offence under the law in force in the country concerned, and
b
would have constituted an offence listed in Schedule 3 (other than at paragraph 60) if it had been done in any part of the United Kingdom.
2
An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (1) however it is described in that law.
3
Subject to subsection (4), on an application for a notification order the condition in subsection (1)(b) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—
a
stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,
b
showing his grounds for that opinion, and
c
requiring the applicant to prove that the condition is met.
4
The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is met without service of a notice under subsection (3).
F413100Interim notification orders
1
This section applies where an application for a notification order (“the main application”) has not been determined.
2
An application for an order under this section (“an interim notification order”)—
a
may be made in the complaint containing the main application, or
b
if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.
3
The court may, if it considers it just to do so, make an interim notification order.
4
Such an order—
a
has effect only for a fixed period, specified in the order;
b
ceases to have effect, if it has not already done so, on the determination of the main application.
5
While such an order has effect—
a
the defendant is subject to the notification requirements of this Part;
b
this Part applies to the defendant, subject to the modification set out in subsection (6).
6
The “relevant date” means the date of service of the order.
7
The applicant or the defendant may by complaint apply to the court that made the interim notification order for the order to be varied, renewed or discharged.
F413101Notification orders and interim notification orders: appeals
A defendant may appeal to the Crown Court against the making of a notification order or interim notification order.
102Appeals in relation to notification orders and interim notification orders: Scotland
In Scotland—
a
an interlocutor granting or refusing a notification order or interim notification order is an appealable interlocutor; and
b
where an appeal is taken against an interlocutor so granting such an order the order shall, without prejudice to any power of the court to vary or recall it, continue to have effect pending the disposal of the appeal.
103Sections 97 to 100: Scotland
1
Sections 97 to 100 apply to Scotland with the following modifications—
a
references to a chief officer of police and to his police area are to be read, respectively, as references to F384the chief constable of the Police Service of Scotland and to Scotland;
b
references to the defendant are to be read as references to the person in respect of whom the order is sought or has effect;
c
an application for a notification order or interim notification order is made by summary application to any sheriff F385... (references to “the court” being construed accordingly).
2
A record of evidence shall be kept on any summary application made by virtue of subsection (1)(c) above.
3
The clerk of the court by which, by virtue of that subsection, a notification order or interim notification order is made, varied, renewed or discharged shall cause a copy of, as the case may be—
a
the order as so made, varied or renewed; or
b
the interlocutor by which discharge is effected,
to be given to the person named in the order or sent to him 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).
F432Sexual harm prevention orders (England and Wales)
Ss. 103A-103K and cross-heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 2 (with ss. 21, 33, 42, 58, 75, 93, 114(1)(3)-(6)); S.I. 2015/373, art. 2(e)
103ASexual harm prevention orders: applications and grounds
1
A court may make an order under this section (a “sexual harm prevention order”) in respect of a person (“the defendant”) where subsection (2) or (3) applies to the defendant.
2
This subsection applies to the defendant where—
a
the court deals with the defendant in respect of—
i
an offence listed in Schedule 3 or 5, or
ii
a finding that the defendant is not guilty of an offence listed in Schedule 3 or 5 by reason of insanity, or
iii
a finding that the defendant is under a disability and has done the act charged against the defendant in respect of an offence listed in Schedule 3 or 5,
and
b
the court is satisfied that it is necessary to make a sexual harm prevention order, for the purpose of—
i
protecting the public or any particular members of the public from sexual harm from the defendant, or
ii
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
3
This subsection applies to the defendant where—
a
an application under subsection (4) has been made in respect of the defendant and it is proved on the application that the defendant is a qualifying offender, and
b
the court is satisfied that the defendant's behaviour since the appropriate date makes it necessary to make a sexual harm prevention order, for the purpose of—
i
protecting the public or any particular members of the public from sexual harm from the defendant, or
ii
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
4
A chief officer of police or the Director General of the National Crime Agency (“the Director General”) may by complaint to a magistrates' court apply for a sexual harm prevention order in respect of a person if it appears to the chief officer or the Director General that—
a
the person is a qualifying offender, and
b
the person has since the appropriate date acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.
5
A chief officer of police may make an application under subsection (4) only in respect of a person—
a
who resides in the chief officer's police area, or
b
who the chief officer believes is in that area or is intending to come to it.
6
An application under subsection (4) may be made to any magistrates' court acting for a local justice area that includes—
a
any part of a relevant police area, or
b
any place where it is alleged that the person acted in a way mentioned in subsection (4)(b).
7
The Director General must as soon as practicable notify the chief officer of police for a relevant police area of any application that the Director has made under subsection (4).
8
Where the defendant is a child, a reference in this section to a magistrates' court is to be taken as referring to a youth court (subject to any rules of court made under section 103K(1)).
9
In this section “relevant police area” means—
a
where the applicant is a chief officer of police, the officer's police area;
b
where the applicant is the Director General—
i
the police area where the person in question resides, or
ii
a police area which the Director General believes the person is in or is intending to come to.
103BSection 103A: supplemental
1
In section 103A—
“appropriate date”, in relation to a qualifying offender, means the date or (as the case may be) the first date on which the offender was convicted, found or cautioned as mentioned in subsection (2) or (3) below;
“child” means a person under 18;
“the public” means the public in the United Kingdom;
“sexual harm” from a person means physical or psychological harm caused—
- a
by the person committing one or more offences listed in Schedule 3, or
- b
(in the context of harm outside the United Kingdom) by the person doing, outside the United Kingdom, anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom;
- a
“qualifying offender” means a person within subsection (2) or (3) below;
“vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from physical or psychological harm is significantly impaired through physical or mental disability or illness, through old age or otherwise.
2
A person is within this subsection if, whether before or after the commencement of this Part, the person—
a
has been convicted of an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5,
b
has been found not guilty of such an offence by reason of insanity,
c
has been found to be under a disability and to have done the act charged against him in respect of such an offence, or
d
has been cautioned in respect of such an offence.
3
A person is within this subsection if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—
a
the person has been convicted of a relevant offence (whether or not the person has been punished for it),
b
a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that the person is not guilty by reason of insanity,
c
such a court has made in respect of a relevant offence a finding equivalent to a finding that the person is under a disability and did the act charged against the person in respect of the offence, or
d
the person has been cautioned in respect of a relevant offence.
4
In subsection (3), “relevant offence” means an act which—
a
constituted an offence under the law in force in the country concerned, and
b
would have constituted an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5 if it had been done in any part of the United Kingdom.
For this purpose an act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law, however it is described in that law.
5
For the purposes of section 103A, acts, behaviour, convictions and findings include those occurring before the commencement of this Part.
6
Subject to subsection (7), on an application under section 103A(4) the condition in subsection (4)(b) above (where relevant) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—
a
stating that, on the facts as alleged with respect to the act concerned, the condition is not in the defendant's opinion met,
b
showing the grounds for that opinion, and
c
requiring the applicant to prove that the condition is met.
7
The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is met without service of a notice under subsection (6).
8
Subsection (9) applies for the purposes of section 103A and this section.
9
In construing any reference to an offence listed in Schedule 3, any condition subject to which an offence is so listed that relates—
a
to the way in which the defendant is dealt with in respect of an offence so listed or a relevant finding (as defined by section 132(9)), or
b
to the age of any person,
is to be disregarded.
103CSHPOs: effect
1
A sexual harm prevention order prohibits the defendant from doing anything described in the order.
2
Subject to section 103D(1), a prohibition contained in a sexual harm prevention order has effect—
a
for a fixed period, specified in the order, of at least 5 years, or
b
until further order.
3
A sexual harm prevention order—
a
may specify that some of its prohibitions have effect until further order and some for a fixed period;
b
may specify different periods for different prohibitions.
4
The only prohibitions that may be included in a sexual harm prevention order are those necessary for the purpose of—
a
protecting the public or any particular members of the public from sexual harm from the defendant, or
b
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
5
In subsection (4) “the public”, “sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).
6
Where a court makes a sexual harm prevention order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.
103DSHPOs: prohibitions on foreign travel
1
A prohibition on foreign travel contained in a sexual harm prevention order must be for a fixed period of not more than 5 years.
2
A “prohibition on foreign travel” means—
a
a prohibition on travelling to any country outside the United Kingdom named or described in the order,
b
a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or
c
a prohibition on travelling to any country outside the United Kingdom.
3
Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 103E.
4
A sexual harm prevention order that contains a prohibition within subsection (2)(c) must require the defendant to surrender all of the defendant's passports at a police station specified in the order—
a
on or before the date when the prohibition takes effect, or
b
within a period specified in the order.
5
Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a sexual harm prevention order containing a prohibition within subsection (2)(c) (unless the person is subject to an equivalent prohibition under another order).
6
Subsection (5) does not apply in relation to—
a
a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;
b
a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.
7
In this section “passport” means—
a
a United Kingdom passport within the meaning of the Immigration Act 1971;
b
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;
c
a document that can be used (in some or all circumstances) instead of a passport.
103ESHPOs: variations, renewals and discharges
1
A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a sexual harm prevention order.
2
The persons are—
a
the defendant;
b
the chief officer of police for the area in which the defendant resides;
c
a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;
d
where the order was made on an application by a chief officer of police under section 103A(4), that officer.
3
An application under subsection (1) may be made—
a
where the appropriate court is the Crown Court, in accordance with rules of court;
b
in any other case, by complaint.
4
Subject to subsections (5) and (7), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the sexual harm prevention order, that the court considers appropriate.
5
An order may be renewed, or varied so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of—
a
protecting the public or any particular members of the public from sexual harm from the defendant, or
b
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
Any renewed or varied order may contain only such prohibitions as are necessary for this purpose.
6
In subsection (5) “the public”, “sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).
7
The court must not discharge an order before the end of 5 years beginning with the day on which the order was made, without the consent of the defendant and—
a
where the application is made by a chief officer of police, that chief officer, or
b
in any other case, the chief officer of police for the area in which the defendant resides.
8
Subsection (7) does not apply to an order containing a prohibition on foreign travel and no other prohibitions.
9
In this section “the appropriate court” means—
a
where the Crown Court or the Court of Appeal made the sexual harm prevention order, the Crown Court;
b
where an adult magistrates' court made the order, that court, an adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;
c
where a youth court made the order and the defendant is under the age of 18, that court, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer's police area;
d
where a youth court made the order and the defendant is aged 18 or over, an adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area.
In this subsection “adult magistrates' court” means a magistrates' court that is not a youth court.
103FInterim SHPOs
1
This section applies where an application under section 103A(4) (“the main application”) has not been determined.
2
An application for an order under this section (“an interim sexual harm prevention order”)—
a
may be made by the complaint by which the main application is made, or
b
if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.
3
The court may, if it considers it just to do so, make an interim sexual harm prevention order, prohibiting the defendant from doing anything described in the order.
4
Such an order—
a
has effect only for a fixed period, specified in the order;
b
ceases to have effect, if it has not already done so, on the determination of the main application.
5
The applicant or the defendant may by complaint apply to the court that made the interim sexual harm prevention order for the order to be varied, renewed or discharged.
103GSHPOs and interim SHPOs: notification requirements
1
Where—
a
a sexual harm prevention order is made in respect of a defendant who was a relevant offender immediately before the making of the order, and
b
the defendant would (apart from this subsection) cease to be subject to the notification requirements of this Part while the order (as renewed from time to time) has effect,
the defendant remains subject to the notification requirements.
2
Where a sexual harm prevention order is made in respect of a defendant who was not a relevant offender immediately before the making of the order—
a
the order causes the defendant to become subject to the notification requirements of this Part from the making of the order until the order (as renewed from time to time) ceases to have effect, and
b
this Part applies to the defendant, subject to the modification set out in subsection (3).
3
The “relevant date” is the date of service of the order.
4
Subsections (1) to (3) apply to an interim sexual harm prevention order as if references to a sexual harm prevention order were references to an interim sexual harm prevention order, and with the omission of “(as renewed from time to time)” in both places.
5
Where—
a
a sexual harm prevention order is in effect in relation to a relevant sex offender (within the meaning of section 88A), and
b
by virtue of section 88F or 88G the relevant sex offender ceases to be subject to the notification requirements of this Part,
the sexual harm prevention order ceases to have effect.
6
On an application for a sexual harm prevention order made by a chief officer of police, the court must make a notification order in respect of the defendant (either in addition to or instead of a sexual harm prevention order) if—
a
the applicant invites the court to do so, and
b
it is proved that the conditions in section 97(2) to (4) are met.
7
On an application for an interim sexual harm prevention order made by a chief officer of police, the court may, if it considers it just to do so, make an interim notification order (either in addition to or instead of an interim sexual harm prevention order).
103HSHPOs and interim SHPOs: appeals
1
A defendant may appeal against the making of a sexual harm prevention order—
a
where the order was made by virtue of section 103A(2)(a)(i), as if the order were a sentence passed on the defendant for the offence;
b
where the order was made by virtue of section 103A(2)(a)(ii) or (iii), as if the defendant had been convicted of the offence and the order were a sentence passed on the defendant for that offence;
c
where the order was made on an application under section 103A(4), to the Crown Court.
2
A defendant may appeal to the Crown Court against the making of an interim sexual harm prevention order.
3
A defendant may appeal against the making of an order under section 103E, or the refusal to make such an order—
a
where the application for such an order was made to the Crown Court, to the Court of Appeal;
b
in any other case, to the Crown Court.
4
On an appeal under subsection (1)(c), (2) or (3)(b), the Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.
5
Any order made by the Crown Court on an appeal under subsection (1)(c) or (2) (other than an order directing that an application be re-heard by a magistrates' court) is for the purposes of section 103E(9) or 103F(5) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the Crown Court).
103IOffence: breach of SHPO or interim SHPO etc
1
A person who, without reasonable excuse, does anything that the person is prohibited from doing by—
a
a sexual harm prevention order,
b
an interim sexual harm prevention order,
c
a sexual offences prevention order,
d
an interim sexual offences prevention order, or
e
a foreign travel order,
commits an offence.
2
A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed under section 103D(4).
3
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
4
Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.
103JSHPOs and interim SHPOs: guidance
1
The Secretary of State must issue guidance to chief officers of police and to the Director General of the National Crime Agency in relation to the exercise by them of their powers with regard to sexual harm prevention orders and interim sexual harm prevention orders.
2
The Secretary of State may, from time to time, revise the guidance issued under subsection (1).
3
The Secretary of State must arrange for any guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate.
103KSHPOs and interim SHPOs: supplementary
1
Rules of court—
a
may provide for a youth court to give permission for an application under section 103A(4) against a person aged 18 or over to be made to the youth court if—
i
an application to the youth court has been made, or is to be made, under that section against a person aged under 18, and
ii
the youth court thinks that it would be in the interests of justice for the applications to be heard together;
b
may, in relation to a person attaining the age of 18 after proceedings against that person by virtue of section 103A, 103E, 103F or 103G(6) or (7) have begun—
i
prescribe circumstances in which the proceedings may or must remain in the youth court;
ii
make provision for the transfer of the proceedings from the youth court to a magistrates' court that is not a youth court (including provision applying section 103F with modifications).
2
A person's age is treated for the purposes of sections 103A to 103J and this section as being that which it appears to the court to be after considering any available evidence.
F433Sexual offences prevention orders F422(Scotland and Northern Ireland)
Ss. 104-122 repealed (E.W.) (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 3 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(e)
Words in s. 104 cross-heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 59 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)
104Sexual offences prevention orders: applications and grounds
1
A court may make an order under this section in respect of a person (“the defendant”) where any of subsections (2) to (4) applies to the defendant and—
a
where subsection (4) applies, it is satisfied that the defendant’s behaviour since the appropriate date makes it necessary to make such an order, for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant;
b
in any other case, it is satisfied that it is necessary to make such an order, for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant.
2
This subsection applies to the defendant where the court deals with him in respect of an offence listed in Schedule 3 or 5.
3
This subsection applies to the defendant where the court deals with him in respect of a finding—
a
that he is not guilty of an offence listed in Schedule 3 or 5 by reason of insanity, or
b
that he is under a disability and has done the act charged against him in respect of such an offence.
4
This subsection applies to the defendant where—
a
an application under subsection (5) has been made to the court in respect of him, and
b
on the application, it is proved that he is a qualifying offender.
5
A chief officer of police may by complaint to a magistrates' court apply for an order under this section in respect of a person who resides in his police area or who the chief officer believes is in, or is intending to come to, his police area if it appears to the chief officer that—
a
the person is a qualifying offender, and
b
the person has since the appropriate date acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.
6
An application under subsection (5) may be made to any magistrates' court whose commission area includes—
a
any part of the applicant’s police area, or
b
any place where it is alleged that the person acted in a way mentioned in subsection (5)(b).
105SOPOs: further provision as respects Scotland
1
F386A chief constableF386The chief constable of the Police Service of Scotland may apply for an order under this section in respect of a person who he believes is in, or is intending to come to, F387the area of his police forceF387Scotland if it appears to the chief constable that—
a
the person has been convicted of, found not guilty by reason of insanity of or found to be under a disability and to have done the act charged against him in respect of—
i
an offence listed in paragraph 60 of Schedule 3; or
ii
before the commencement of this Part, an offence in Scotland other than is mentioned in paragraphs 36 to 59 of that Schedule if the chief constable considers that had the conviction or finding been after such commencement it is likely that a determination such as is mentioned in paragraph 60 would have been made in relation to the offence; and
b
the person has since the conviction or finding acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.
2
An application under subsection (1) may be made by summary application to a sheriff
F138aa
within whose sheriffdom the person in respect of whom the order is sought resides;
ab
within whose sheriffdom the person is believed by the applicant to be;
ac
to whose sheriffdom the person is believed by the applicant to be intending to come;
b
F139Within whose sheriffdom lies any place where it is alleged that the person acted in a way mentioned in subsection (1)(b).
3
The sheriff may make the order where satisfied—
a
that the person’s behaviour since the conviction or finding makes it necessary to make such an order, for the purposes of protecting the public or any particular members of the public from serious sexual harm from the person; and
b
where the application is by virtue of subsection (1)(a)(ii), that there was a significant sexual aspect to the person’s behaviour in committing the offence.
4
Subsection (3) of section 106 applies for the purposes of this section as it applies for the purposes of section 104 and subsections (2) and (3) of section 112 apply in relation to a summary application made by virtue of subsection (1) as they apply in relation to one made by virtue of subsection F140(1)(e) of that section.
106Section 104: supplemental
1
In this Part, “sexual offences prevention order” means an order under section 104 or 105.
2
Subsections (3) to (8) apply for the purposes of section 104.
3
“Protecting the public or any particular members of the public from serious sexual harm from the defendant” means protecting the public in the United Kingdom or any particular members of that public from serious physical or psychological harm, caused by the defendant committing one or more offences listed in Schedule 3.
4
Acts, behaviour, convictions and findings include those occurring before the commencement of this Part.
5
“Qualifying offender” means a person within subsection (6) or (7).
6
A person is within this subsection if, whether before or after the commencement of this Part, he—
a
has been convicted of an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5,
b
has been found not guilty of such an offence by reason of insanity,
c
has been found to be under a disability and to have done the act charged against him in respect of such an offence, or
d
in England and Wales or Northern Ireland, has been cautioned in respect of such an offence.
7
A person is within this subsection if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—
a
he has been convicted of a relevant offence (whether or not he has been punished for it),
b
a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that he is not guilty by reason of insanity,
c
such a court has made in respect of a relevant offence a finding equivalent to a finding that he is under a disability and did the act charged against him in respect of the offence, or
d
he has been cautioned in respect of a relevant offence.
8
“Appropriate date”, in relation to a qualifying offender, means the date or (as the case may be) the first date on which he was convicted, found or cautioned as mentioned in subsection (6) or (7).
9
In subsection (7), “relevant offence” means an act which—
a
constituted an offence under the law in force in the country concerned, and
b
would have constituted an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5 if it had been done in any part of the United Kingdom.
10
An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (9), however it is described in that law.
11
Subject to subsection (12), on an application under section 104(5) the condition in subsection (9)(b)
(where relevant) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—
a
stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,
b
showing his grounds for that opinion, and
c
requiring the applicant to prove that the condition is met.
12
The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is met without service of a notice under subsection (11).
F14113
Subsection (14) applies for the purposes of section 104 and this section F350in their application in relation to England and Wales or Northern Ireland.
14
In construing any reference to an offence listed in Schedule 3, any condition subject to which an offence is so listed that relates—
a
to the way in which the defendant is dealt with in respect of an offence so listed or a relevant finding (as defined by section 132(9)), or
b
to the age of any person,
is to be disregarded.
107SOPOs: effect
1
A sexual offences prevention order—
a
prohibits the defendant from doing anything described in the order F414or requires the defendant to do anything described in the order (or both), and
b
has effect for a fixed period (not less than 5 years) specified in the order or until further order.
2
The only prohibitions F415or requirements that may be included in the order are those necessary for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant.
3
Where—
a
an order is made in respect of a defendant who was a relevant offender immediately before the making of the order, and
b
the defendant would (apart from this subsection F142and sections 88F and 88G) cease to be subject to the notification requirements of this Part while the order (as renewed from time to time) has effect,
the defendant remains subject to the notification requirements.
F1433A
Where—
a
a sexual offences prevention order is in effect in relation to a relevant sex offender (within the meaning of section 88A); and
b
by virtue of section 88F or 88G the relevant sex offender ceases to be subject to the notification requirements of this Part,
the sexual offences prevention order ceases to have effect.
3B
Subsection (3A) applies to the orders mentioned in section 108(8)(b) and (c) as it applies to sexual offences prevention orders.
4
Where an order is made in respect of a defendant who was not a relevant offender immediately before the making of the order—
a
the order causes the defendant to become subject to the notification requirements of this Part from the making of the order until the order (as renewed from time to time) ceases to have effect, and
b
this Part applies to the defendant, subject to the modification set out in subsection (5).
5
The “relevant date” is the date of service of the order.
6
Where a court makes a sexual offences prevention order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.
7
Section 106(3) applies for the purposes of this section and section 108.
108SOPOs: variations, renewals and discharges
1
A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a sexual offences prevention order.
2
The persons are—
a
the defendant;
b
the chief officer of police for the area in which the defendant resides;
c
a chief officer of police who believes that the defendant is in, or is intending to come to, his police area;
d
where the order was made on an application under section 104(5), the chief officer of police who made the application.
3
An application under subsection (1) may be made—
a
where the appropriate court is the Crown Court, in accordance with rules of court;
b
in any other case, by complaint.
4
Subject to subsections (5) and (6), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the sexual offences prevention order, that the court considers appropriate.
5
An order may be renewed, or varied so as to impose additional prohibitions F416or requirements on the defendant, only if it is necessary to do so for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant (and any renewed or varied order may contain only such prohibitions F416or requirements as are necessary for this purpose).
6
The court must not discharge an order before the end of 5 years beginning with the day on which the order was made, without the consent of the defendant and—
a
where the application is made by a chief officer of police, that chief officer, or
b
in any other case, the chief officer of police for the area in which the defendant resides.
7
In this section “the appropriate court” means—
a
where the Crown Court or the Court of Appeal made the sexual offences prevention order, the Crown Court;
b
where a magistrates' court made the order, that court, a magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any magistrates' court whose commission area includes any part of the chief officer’s police area;
c
where a youth court made the order, that court, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court whose commission area includes any part of the chief officer’s police area.
8
This section applies to orders under—
a
section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders),
b
c
Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland),
as it applies to sexual offences prevention orders.
109Interim SOPOs
1
This section applies where an application under section 104(5) or 105(1) (“the main application”) has not been determined.
2
An application for an order under this section (“an interim sexual offences prevention order”)—
a
may be made by the complaint by which the main application is made, or
b
if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.
3
The court may, if it considers it just to do so, make an interim sexual offences prevention order, prohibiting the defendant from doing anything described in the order F417or requiring the defendant to do anything described in the order (or both).
4
Such an order—
a
has effect only for a fixed period, specified in the order;
b
ceases to have effect, if it has not already done so, on the determination of the main application.
5
6
The applicant or the defendant may by complaint apply to the court that made the interim sexual offences prevention order for the order to be varied, renewed or discharged.
7
Subsection (6) applies to orders under—
a
b
Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (interim orders made in Northern Ireland),
as it applies to interim sexual offences prevention orders.
110F423Appeals in relation to SOPOs and interim SOPOs: Northern Ireland
1
A defendant may appeal against the making of a sexual offences prevention order—
a
where section 104(2) applied to him, as if the order were a sentence passed on him for the offence;
b
where section 104(3)
(but not section 104(2)) applied to him, as if he had been convicted of the offence and the order were a sentence passed on him for that offence;
c
where the order was made on an application under section 104(5), to F444a county court.
2
A defendant may appeal to F445a county court against the making of an interim sexual offences prevention order.
3
A defendant may appeal against the making of an order under section 108, or the refusal to make such an order—
a
where the application for such an order was made to the Crown Court, to the Court of Appeal;
b
in any other case, to F446a county court.
4
On an appeal under subsection (1)(c), (2) or (3)(b), F447the county court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.
F4485
Any order made by a county court on an appeal under subsection (1)(c) or (2) (other than an order directing that an application be re-heard by a court of summary jurisdiction) is for the purposes of section 108(7) or 109(6) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the county court).
111Appeals in relation to SOPOs and interim SOPOs: Scotland
In Scotland—
a
b
where an appeal is taken against an interlocutor so granting, varying or renewing such an order the order shall, without prejudice to any power of the court to vary or recall it, continue to have effect pending the disposal of the appeal.
F148c
a sexual offences prevention order made in any other case and any order granting or refusing a variation, renewal or discharge of such a sexual offences prevention order are, for the purposes of appeal, to be regarded—
i
in the case of solemn proceedings, as if they were orders of the kind referred to in F149section 106(1)(dza) of the Criminal Procedure (Scotland) Act 1995 (c.46)
(appeal against community payback order);
ii
in the case of summary proceedings, as if they were orders of the kind referred to in F150section 175(2)(cza) of that Act (appeal against community payback order); and
d
where an appeal is taken by virtue of paragraph (c) above, the F536court hearing the appeal may, in the appeal proceedings, suspend the order appealed against pending the disposal of the appeal.
111AF349SOPO and interim SOPO requirements: Scotland
1
This section applies in relation to a sexual offences prevention order or an interim sexual offences prevention order made, or to be made, by a court in Scotland.
2
Such an order, in addition to or instead of prohibiting the defendant from doing anything described in the order, may require the defendant to do anything described in the order.
3
Accordingly, in relation to such an order—
a
the references in sections 107(2) and 108(5) to a prohibition include a reference to a requirement, and
b
the reference in section 113(1) to a person's doing anything which he is prohibited from doing includes a reference to his failing to do anything which he is required to do.
112Sections 104 and 106 to 109: Scotland
1
Sections 104 and 106 to 109 apply to Scotland with the following modifications—
F151F152aa
the references in subsection (2) and (3)(a) of section 104 to an offence listed in Schedule 3 or 5 shall be read as references to an offence listed at paragraphs 36 to 60 of Schedule 3;
b
an application under subsection (5) of section 104 shall not be competent in respect of a person who is a qualifying offender by virtue only of a conviction or finding which relates to any offence listed at paragraphs 64 to 111 of Schedule 5;
c
references to a chief officer of police and to his police area are to be read, respectively, as references to F388the chief constable of the Police Service of Scotland and to Scotland;
d
references to the defendant are to be read as references to the person in respect of whom the order is sought or has effect;
F352da
a court may make an order under section 104(1)—
i
at its own instance, or
ii
on the motion of the prosecutor;
e
an application for a sexual offences prevention order F153. . . is made by summary application to any sheriff
F154ia
within whose sheriffdom the person in respect of whom the order is sought resides;
ib
within whose sheriffdom that person is believed by the applicant to be;
ic
to whose sheriffdom that person is believed by the applicant to be intending to come;
ii
(F157and, in relation to such an order, references to a court or the court shall be construed accordingly);
F158ea
an application for an interim sexual offences prevention order—
i
is made by way of the main application; or
ii
if the main application has been made, is made, by application to a sheriff for the sheriffdom of the sheriff to whom the main application was made, by the person who made that application,
(and, in relation to such an order, references to a court or the court shall be construed accordingly),
f
an application for the variation, renewal or discharge of F159a sexual offences prevention order which was made on an application under section 104(5) or 105(1) or an interim sexual offences prevention order is made by summary application to the sheriff who made the order or to a sheriff—
i
within whose sheriffdom the person subject to the order resides; F160. . .
F161iia
within whose sheriffdom that person is believed by the applicant to be; or
iib
to whose sheriffdom that person is believed by the applicant to be intending to come,
(F162and, in relation to an application made by virtue of this paragraph, references to a court or the court shall be construed accordingly).
F163g
an application for the variation, renewal or discharge of a sexual offences prevention order which was made where subsection (2) or (3) of section 104 applies may be made only by the person in respect of whom the order has effect or the prosecutor;
h
such an application is made—
i
where the sexual offences prevention order sought to be varied, renewed or discharged was made by the High Court of Justiciary, to that court;
ii
where that order was made by the sheriff, to the appropriate sheriff.
F1641A
In subsection (1)(h)(ii), the “appropriate sheriff” is—
a
in a case where the person in respect of whom the order has effect is, at the time of the application for its variation, renewal or discharge, resident in a sheriffdom other than the sheriffdom of the sheriff who made the order, any sheriff exercising criminal jurisdiction in the sheriffdom in which the person is resident;
b
in any other case, any sheriff exercising criminal jurisdiction in the sheriff court district of the sheriff who made the order.
2
A record of evidence shall be kept on any summary application made by virtue of subsection (1)(e) or (f) above.
3
The clerk of the court by which, by virtue of that subsection, a sexual offences prevention order or interim sexual offences prevention order is made, varied, renewed or discharged shall cause a copy of, as the case may be—
a
the order as so made, varied or renewed; or
b
the interlocutor by which discharge is effected,
to be given to the person named in the order or sent to him 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).
113Offence: breach of SOPO or interim SOPO F424etc
1
A person commits an offence if, without reasonable excuse, he does anything which he is prohibited from doing by—
a
a sexual offences prevention order;
b
an interim sexual offences prevention order;
c
an order under section 5A of the Sex Offenders Act 1997 (c. 51)
(restraining orders);
d
e
an order under 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).
F4501ZA
A person commits an offence if, without reasonable excuse, he contravenes a prohibition imposed by—
a
a sexual harm prevention order, or
b
an interim sexual harm prevention order,
other than a prohibition on foreign travel.
F4191A
A person commits an offence if, without reasonable excuse, he fails to do anything which he is required to do by a sexual offences prevention order or an interim sexual offences prevention order.
2
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
3
Where a person is convicted of an offence under this section, it is not open to the court by or before which he is convicted to make, in respect of the offence, an order for conditional discharge or, in Scotland, a F165community payback order.
Foreign travel orders F425(Scotland and Northern Ireland)
Words in s. 114 cross-heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 64 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)
114Foreign travel orders: applications and grounds
1
A chief officer of police may by complaint to a magistrates' court apply for an order under this section (a “foreign travel order”) in respect of a person (“the defendant”) who resides in his police area or who the chief officer believes is in or is intending to come to his police area if it appears to the chief officer that—
a
the defendant is a qualifying offender, and
b
the defendant has since the appropriate date acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.
2
An application under subsection (1) may be made to any magistrates' court whose commission area includes any part of the applicant’s police area.
3
On the application, the court may make a foreign travel order if it is satisfied that—
a
the defendant is a qualifying offender, and
b
the defendant’s behaviour since the appropriate date makes it necessary to make such an order, for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom.
115Section 114: interpretation
1
Subsections (2) to (5) apply for the purposes of section 114.
2
“Protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom” means protecting persons F166under 18 generally or any particular person F166under 18 from serious physical or psychological harm caused by the defendant doing, outside the United Kingdom, anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom.
3
Acts and behaviour include those occurring before the commencement of this Part.
4
“Qualifying offender” has the meaning given by section 116.
5
“Appropriate date”, in relation to a qualifying offender, means the date or (as the case may be) the first date on which he was convicted, found or cautioned as mentioned in subsection (1) or (3) of section 116.
6
F167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E7116Section 114: qualifying offenders
1
A person is a qualifying offender for the purposes of section 114 if, whether before or after the commencement of this Part, he—
a
has been convicted of an offence within subsection (2),
b
has been found not guilty of such an offence by reason of insanity,
c
has been found to be under a disability and to have done the act charged against him in respect of such an offence, or
d
in England and Wales or Northern Ireland, has been cautioned in respect of such an offence.
2
The offences are—
a
an offence within any of paragraphs 13 to 15, 44 to 46, 77, 78 and 82 of Schedule 3;
b
c
an offence within paragraph 93 F169or 93A of that Schedule, if—
i
the corresponding civil offence is an offence within any of paragraphs 13 to 15 of that Schedule;
ii
the corresponding civil offence is an offence within paragraph 31 of that Schedule, and the intended offence was an offence against a person F168under 18; or
iii
the corresponding civil offence is an offence within any of paragraphs 1 to 12, 16 to 30 and 32 to 35 of that Schedule, and the victim of the offence was F168under 18 at the time of the offence.
d
an offence within any other paragraph of that Schedule, if the victim of the offence was F168under 18 at the time of the offence.
F1702A
In subsection (2)(c) references to the corresponding civil offence are to be read, in relation to an offence within paragraph 93A of Schedule 3, as references to the corresponding offence under the law of England and Wales.
3
A person is also a qualifying offender for the purposes of section 114 if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—
a
he has been convicted of a relevant offence (whether or not he has been punished for it),
b
a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that he is not guilty by reason of insanity,
c
such a court has made in respect of a relevant offence a finding equivalent to a finding that he is under a disability and did the act charged against him in respect of the offence, or
d
he has been cautioned in respect of a relevant offence.
4
In subsection (3), “relevant offence” means an act which—
a
constituted an offence under the law in force in the country concerned, and
b
would have constituted an offence within subsection (2) if it had been done in any part of the United Kingdom.
5
An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (4), however it is described in that law.
6
Subject to subsection (7), on an application under section 114 the condition in subsection (4)(b) above (where relevant) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—
a
stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,
b
showing his grounds for that opinion, and
c
requiring the applicant to prove that the condition is met.
7
The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is met without service of a notice under subsection (6).
E8116Section 114: qualifying offenders
1
A person is a qualifying offender for the purposes of section 114 if, whether before or after the commencement of this Part, he—
a
has been convicted of an offence within subsection (2),
b
has been found not guilty of such an offence by reason of insanity,
c
has been found to be under a disability and to have done the act charged against him in respect of such an offence, or
d
in England and Wales or Northern Ireland, has been cautioned in respect of such an offence.
2
The offences are—
a
an offence within any of paragraphs 13 to 15, 44 to 46, 77, 78 and 82 of Schedule 3;
b
an offence within paragraph 31 of that Schedule, if the intended offence was an offence against a person under 16;
c
an offence within paragraph 93 F169or 93A of that Schedule, if—
i
the corresponding civil offence is an offence within any of paragraphs 13 to 15 of that Schedule;
ii
the corresponding civil offence is an offence within paragraph 31 of that Schedule, and the intended offence was an offence against a person under 16; or
iii
the corresponding civil offence is an offence within any of paragraphs 1 to 12, 16 to 30 and 32 to 35 of that Schedule, and the victim of the offence was under 16 at the time of the offence.
d
an offence within any other paragraph of that Schedule, if the victim of the offence was under F17118 at the time of the offence.
F1702A
In subsection (2)(c) references to the corresponding civil offence are to be read, in relation to an offence within paragraph 93A of Schedule 3, as references to the corresponding offence under the law of England and Wales.
3
A person is also a qualifying offender for the purposes of section 114 if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—
a
he has been convicted of a relevant offence (whether or not he has been punished for it),
b
a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that he is not guilty by reason of insanity,
c
such a court has made in respect of a relevant offence a finding equivalent to a finding that he is under a disability and did the act charged against him in respect of the offence, or
d
he has been cautioned in respect of a relevant offence.
4
In subsection (3), “relevant offence” means an act which—
a
constituted an offence under the law in force in the country concerned, and
b
would have constituted an offence within subsection (2) if it had been done in any part of the United Kingdom.
5
An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (4), however it is described in that law.
6
Subject to subsection (7), on an application under section 114 the condition in subsection (4)(b) above (where relevant) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—
a
stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,
b
showing his grounds for that opinion, and
c
requiring the applicant to prove that the condition is met.
7
The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is met without service of a notice under subsection (6).
117Foreign travel orders: effect
1
A foreign travel order has effect for a fixed period of not more than F1725 years, specified in the order.
2
The order prohibits the defendant from doing whichever of the following is specified in the order—
a
travelling to any country outside the United Kingdom named or described in the order,
b
travelling to any country outside the United Kingdom other than a country named or described in the order, or
c
travelling to any country outside the United Kingdom.
3
The only prohibitions that may be included in the order are those necessary for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom.
4
If at any time while an order (as renewed from time to time) has effect a defendant is not a relevant offender, the order causes him to be subject to the requirements imposed by regulations made under section 86(1)
(and for these purposes the defendant is to be treated as if he were a relevant offender).
5
Where a court makes a foreign travel order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.
6
Section 115(2) applies for the purposes of this section and section 118.
117AF176F426Surrender of passports: Northern Ireland
1
This section applies in relation to a foreign travel order which contains a prohibition within section 117(2)(c).
2
The order must require the defendant to surrender all of the defendant's passports, at a police station F451in Northern Ireland specified in the order—
a
on or before the date when the prohibition takes effect, or
b
within a period specified in the order.
3
Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a foreign travel order containing a prohibition within section 117(2)(c) F452(unless the person is subject to an equivalent prohibition under another order).
4
Subsection (3) does not apply in relation to—
a
a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;
b
a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.
5
In this section “passport” means—
a
a United Kingdom passport within the meaning of the Immigration Act 1971;
b
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;
c
a document that can be used (in some or all circumstances) instead of a passport.
117BF177Surrender of passports: Scotland
1
This section applies in relation to a foreign travel order which contains a prohibition within section 117(2)(c).
2
The order must require the person in respect of whom the order has effect to surrender all of the person's passports, at a police station in Scotland specified in the order—
a
on or before the date when the prohibition takes effect, or
b
within a period specified in the order.
3
Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a foreign travel order containing a prohibition within section 117(2)(c) F453(unless the person is subject to an equivalent prohibition under another order).
4
Subsection (3) does not apply in relation to—
a
a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;
b
a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.
5
In this section “passport” means—
a
a United Kingdom passport within the meaning of the Immigration Act 1971 (c.77);
b
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;
c
a document that can be used (in some or all circumstances) instead of a passport.
118Foreign travel orders: variations, renewals and discharges
1
A person within subsection (2) may by complaint to the appropriate court apply for an order varying, renewing or discharging a foreign travel order.
2
The persons are—
a
the defendant;
b
the chief officer of police on whose application the foreign travel order was made;
c
the chief officer of police for the area in which the defendant resides;
d
a chief officer of police who believes that the defendant is in, or is intending to come to, his police area.
3
Subject to subsection (4), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the foreign travel order, that the court considers appropriate.
4
An order may be renewed, or varied so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom (and any renewed or varied order may contain only such prohibitions as are necessary for this purpose).
5
In this section “the appropriate court” means—
a
the court which made the foreign travel order;
b
a magistrates' court for the area in which the defendant resides; or
c
where the application is made by a chief officer of police, any magistrates' court whose commission area includes any part of his police area.
119F427Appeals in relation to foreign travel orders: Northern Ireland
1
A defendant may appeal to F454a county court—
a
against the making of a foreign travel order;
b
against the making of an order under section 118, or the refusal to make such an order.
2
On any such appeal, F455the county court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.
F4563
Any order made by a county court on an appeal under subsection (1)(a) (other than an order directing that an application be re-heard by a court of summary jurisdiction) is for the purposes of section 118(5) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the county court).
120Appeals in relation to foreign travel orders: Scotland
In Scotland—
a
an interlocutor granting, refusing, varying, renewing or discharging a foreign travel order is an appealable interlocutor; and
b
where an appeal is taken against an interlocutor so granting, varying or renewing such an order the order shall, without prejudice to any power of the court to vary or recall it, continue to have effect pending the disposal of the appeal.
121Sections 114 to 118: Scotland
1
Sections 114 to 118 apply to Scotland with the following modifications—
a
references to a chief officer of police and to his police area are to be read, respectively, as references to F389the chief constable of the Police Service of Scotland and to Scotland;
b
references to the defendant are to be read as references to the person in respect of whom the order is sought or has effect;
c
an application for a foreign travel order is made by summary application to any sheriff within whose sheriffdom lies any part of the area of the applicant’s police force (references to “the court” being construed accordingly);
d
for paragraphs (a) to (c) of section 118(5) there is substituted—
a
the sheriff who made the foreign travel order; or
b
where the application is made by a chief constable, a sheriff whose sheriffdom includes any part of the area of the applicant’s police force.
2
A record of evidence shall be kept on any summary application made by virtue of subsection (1)(c) above.
3
The clerk of the court by which, by virtue of that subsection, a foreign travel order is made, varied, renewed or discharged shall cause a copy of, as the case may be—
a
the order as so made, varied or renewed; or
b
the interlocutor by which discharge is effected,
to be given to the person named in the order or sent to him 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).
122Offence: breach of foreign travel order F428etc
1
A person commits an offence if, without reasonable F457excuse—
a
he does anything which he is prohibited from doing by a foreign travel orderF458, or
b
he contravenes a prohibition on foreign travel imposed by a sexual harm prevention order.
F1731A
A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement under section 117A(2).
F1741B
A person commits an offence if, without reasonable excuse, the person fails to comply with—
a
a requirement under section 117A(2)
(surrender of passports: F459... Northern Ireland), or
C11b
a requirement under section 117B(2)
(surrender of passports: Scotland).
1C
A person may be prosecuted, tried and punished for any offence under subsection (1B)—
a
in any sheriff court district in which the person is apprehended or is in custody, or
b
in such sheriff court district as the Lord Advocate may determine,
as if the offence had been committed in that district (and the offence is, for all purposes incidental to or consequential on the trial or punishment, to be deemed to have been committed in that district).
2
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
3
Where a person is convicted of an offence under this section, it is not open to the court by or before which he is convicted to make, in respect of the offence, an order for conditional discharge (or, in Scotland, a F175community payback order).
F434Sexual risk orders (England and Wales)
Ss. 122A-122K and cross-heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 4 (with ss. 21, 33, 42, 58, 75, 93, 114(1)(3)-(6)); S.I. 2015/373, art. 2(e)
122ASexual risk orders: applications, grounds and effect
1
A chief officer of police or the Director General of the National Crime Agency (“the Director General”) may by complaint to a magistrates' court apply for an order under this section (a “sexual risk order”) in respect of a person (“the defendant”) if it appears to the chief officer or the Director General that the following condition is met.
2
The condition is that the defendant has, whether before or after the commencement of this Part, done an act of a sexual nature as a result of which there is reasonable cause to believe that it is necessary for a sexual risk order to be made.
3
A chief officer of police may make an application under subsection (1) only in respect of a person—
a
who resides in the chief officer's police area, or
b
who the chief officer believes is in that area or is intending to come to it.
4
An application under subsection (1) may be made to any magistrates' court acting for a local justice area that includes—
a
any part of a relevant police area, or
b
any place where it is alleged that the person acted in a way mentioned in subsection (2).
5
The Director General must as soon as practicable notify the chief officer of police for a relevant police area of any application that the Director has made under subsection (1).
6
On an application under subsection (1), the court may make a sexual risk order if it is satisfied that the defendant has, whether before or after the commencement of this Part, done an act of a sexual nature as a result of which it is necessary to make such an order for the purpose of—
a
protecting the public or any particular members of the public from harm from the defendant, or
b
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
7
Such an order—
a
prohibits the defendant from doing anything described in the order;
b
has effect for a fixed period (not less than 2 years) specified in the order or until further order.
8
A sexual risk order may specify different periods for different prohibitions.
9
The only prohibitions that may be imposed are those necessary for the purpose of—
a
protecting the public or any particular members of the public from harm from the defendant, or
b
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
10
Where a court makes a sexual risk order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.
122BSection 122A: interpretation
1
In section 122A—
“child” means a person under 18;
“harm” from the defendant means physical or psychological harm caused by the defendant doing an act of a sexual nature;
“the public” means the public in the United Kingdom;
“vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from physical or psychological harm is significantly impaired through physical or mental disability or illness, through old age or otherwise.
2
Where the defendant is a child, a reference in that section to a magistrates' court is to be taken as referring to a youth court (subject to any rules of court made under section 122K(1)).
3
In that section “relevant police area” means—
a
where the applicant is a chief officer of police, the officer's police area;
b
where the applicant is the Director General of the National Crime Agency—
i
the police area where the person in question resides, or
ii
a police area which the Director General believes the person is in or is intending to come to.
122CSexual risk orders: prohibitions on foreign travel
1
A prohibition on foreign travel contained in a sexual risk order must not be for a period of more than 5 years.
2
A “prohibition on foreign travel” means—
a
a prohibition on travelling to any country outside the United Kingdom named or described in the order,
b
a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or
c
a prohibition on travelling to any country outside the United Kingdom.
3
Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 122D.
4
A sexual risk order that contains a prohibition within subsection (2)(c) must require the defendant to surrender all of the defendant's passports at a police station specified in the order—
a
on or before the date when the prohibition takes effect, or
b
within a period specified in the order.
5
Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a sexual risk order containing such a prohibition (unless the person is subject to an equivalent prohibition under another order).
6
Subsection (5) does not apply in relation to—
a
a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;
b
a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.
7
In this section “passport” means—
a
a United Kingdom passport within the meaning of the Immigration Act 1971;
b
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;
c
a document that can be used (in some or all circumstances) instead of a passport.
122DSexual risk order: variations, renewals and discharges
1
A person within subsection (2) may by complaint to the appropriate court apply for an order varying, renewing or discharging a sexual risk order.
2
The persons are—
a
the defendant;
b
the chief officer of police for the area in which the defendant resides;
c
a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;
d
where the order was made on an application by a chief officer of police, that officer.
3
Subject to subsections (4) and (5), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the sexual risk order, that the court considers appropriate.
4
An order may be renewed, or varied so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of—
a
protecting the public or any particular members of the public from harm from the defendant, or
b
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
Any renewed or varied order may contain only such prohibitions as are necessary for this purpose.
5
The court must not discharge an order before the end of 2 years beginning with the day on which the order was made, without the consent of the defendant and—
a
where the application is made by a chief officer of police, that chief officer, or
b
in any other case, the chief officer of police for the area in which the defendant resides.
6
Section 122B(1) applies for the purposes of this section.
7
In this section “the appropriate court” means—
a
where an adult magistrates' court made the sexual risk order, that court, any adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;
b
where a youth court made the order and the defendant is under the age of 18, that court, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer's police area;
c
where a youth court made the order and the defendant is aged 18 or over, an adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area.
In this subsection “adult magistrates' court” means a magistrates' court that is not a youth court.
122EInterim sexual risk orders
1
This section applies where an application for a sexual risk order (“the main application”) has not been determined.
2
An application for an order under this section (“an interim sexual risk order”)—
a
may be made by the complaint by which the main application is made, or
b
if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.
3
The court may, if it considers it just to do so, make an interim sexual risk order, prohibiting the defendant from doing anything described in the order.
4
Such an order—
a
has effect only for a fixed period, specified in the order;
b
ceases to have effect, if it has not already done so, on the determination of the main application.
5
The applicant or the defendant may by complaint apply to the court that made the interim sexual risk order for the order to be varied, renewed or discharged.
122FSexual risk orders and interim sexual risk orders: notification requirements
1
A person in respect of whom a court makes—
a
a sexual risk order (other than one that replaces an interim sexual risk order), or
b
an interim sexual risk order,
must, within the period of 3 days beginning with the date of service of the order, notify to the police the information set out in subsection (2) (unless the person is subject to the notification requirements of this Part on that date).
2
The information is—
a
the person's name and, where the person uses one or more other names, each of those names;
b
the person's home address.
3
A person who—
a
is subject to a sexual risk order or an interim sexual risk order (but is not subject to the notification requirements of this Part), and
b
uses a name which has not been notified under this section (or under any other provision of this Part), or changes home address,
must, within the period of 3 days beginning with the date on which that happens, notify to the police that name or (as the case may be) the new home address.
4
Sections 87 (method of notification and related matters) and 91 (offences relating to notification) apply for the purposes of this section—
a
with references to section 83(1) being read as references to subsection (1) above,
b
with references to section 84(1) being read as references to subsection (3) above, and
c
with the omission of section 87(2)(b).
122GSexual risk orders and interim sexual risk orders: appeals
1
A defendant may appeal to the Crown Court—
a
against the making of a sexual risk order;
b
against the making of an interim sexual risk order; or
c
against the making of an order under section 122D, or the refusal to make such an order.
2
On any such appeal, the Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.
3
Any order made by the Crown Court on an appeal under subsection (1)(a) or (b) (other than an order directing that an application be re-heard by a magistrates' court) is for the purposes of section 122D(7) or 122E(5) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the Crown Court).
122HOffence: breach of sexual risk order or interim sexual risk order etc
1
A person who, without reasonable excuse, does anything that the person is prohibited from doing by—
a
a sexual risk order,
b
an interim sexual risk order,
c
a risk of sexual harm order,
d
an interim risk of sexual harm order,
e
an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (risk of sexual harm orders in Scotland), or
f
an order under section 5 of that Act (interim risk of sexual harm orders in Scotland),
commits an offence.
2
A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed under section 122C(4).
3
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
4
Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.
122IEffect of conviction etc of an offence under section 122H etc
1
This section applies to a person (“the defendant”) who—
a
is convicted of an offence mentioned in subsection (2);
b
is found not guilty of such an offence by reason of insanity;
c
is found to be under a disability and to have done the act charged against him in respect of such an offence; or
d
is cautioned in respect of such an offence.
2
Those offences are—
a
an offence under section 122H or 128 of this Act;
b
an offence under section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (contravention of risk of sexual harm order or interim risk of sexual harm order in Scotland).
3
Where—
a
a defendant was a relevant offender immediately before this section applied to the defendant, and
b
the defendant would (apart from this subsection) cease to be subject to the notification requirements of this Part while the relevant order (as renewed from time to time) has effect,
the defendant remains subject to the notification requirements.
4
Where the defendant was not a relevant offender immediately before this section applied to the defendant—
a
this section causes the defendant to become subject to the notification requirements of this Part from the time the section first applies to the defendant until the relevant order (as renewed from time to time) ceases to have effect, and
b
this Part applies to the defendant, subject to the modification set out in subsection (5).
5
The “relevant date” is the date on which this section first applies to the defendant.
6
In this section “relevant order” means—
a
where the conviction, finding or caution within subsection (1) is in respect of a breach of a sexual risk order or a risk of sexual harm order, that order;
b
where the conviction, finding or caution within subsection (1) is in respect of a breach of an interim sexual risk order or an interim risk of sexual harm order, any sexual risk order or risk of sexual harm order made on the hearing of the application to which the interim order relates or, if no such order is made, the interim order.
7
In subsection (6) “risk of sexual harm order” and “interim risk of sexual harm order” include orders under sections 2 and 5 (respectively) of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005.
122JSexual risk orders and interim sexual risk orders: guidance
1
The Secretary of State must issue guidance to chief officers of police and to the Director General of the National Crime Agency in relation to the exercise by them of their powers with regard to sexual risk orders and interim sexual risk orders.
2
The Secretary of State may, from time to time, revise the guidance issued under subsection (1).
3
The Secretary of State must arrange for any guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate.
122KSexual risk orders and interim sexual risk orders: supplementary
1
Rules of court—
a
may provide for a youth court to give permission for an application under section 122A against a person aged 18 or over to be made to the youth court if—
i
an application to the youth court has been made, or is to be made, under that section against a person aged under 18, and
ii
the youth court thinks that it would be in the interests of justice for the applications to be heard together;
b
may, in relation to a person attaining the age of 18 after proceedings against that person by virtue of section 122A, 122D or 122E have begun—
i
prescribe circumstances in which the proceedings may or must remain in the youth court;
ii
make provision for the transfer of the proceedings from the youth court to a magistrates' court that is not a youth court (including provision applying section 122E with modifications).
2
A person's age is treated for the purposes of sections 122A to 122J and this section as being that which it appears to the court to be after considering any available evidence.
F435Risk of sexual harm orders F429(Northern Ireland)
Ss. 123-129 repealed (E.W.) (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 5 para. 5(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(e)
Words in s. 123 cross-heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 69 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)
123Risk of sexual harm orders: applications, grounds and effect
1
F460The Chief Constable of the Police Service of Northern Ireland may by complaint to F461a court of summary jurisdiction apply for an order under this section (a “risk of sexual harm order”) in respect of a person aged 18 or over (“the defendant”) who resides in F462Northern Ireland or who F463the Chief Constable believes is in, or is intending to come to, F462Northern Ireland if it appears to F463the Chief Constable that—
a
the defendant has on at least two occasions, whether before or after the commencement of this Part, done an act within subsection (3), and
b
as a result of those acts, there is reasonable cause to believe that it is necessary for such an order to be made.
F4642
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The acts are—
a
engaging in sexual activity involving a child or in the presence of a child;
b
causing or inciting a child to watch a person engaging in sexual activity or to look at a moving or still image that is sexual;
c
giving a child anything that relates to sexual activity or contains a reference to such activity;
d
communicating with a child, where any part of the communication is sexual.
4
On the application, the court may make a risk of sexual harm order if it is satisfied that—
a
the defendant has on at least two occasions, whether before or after the commencement of this section, done an act within subsection (3); and
b
it is necessary to make such an order, for the purpose of protecting children generally or any child from harm from the defendant.
5
Such an order—
a
prohibits the defendant from doing anything described in the order;
b
has effect for a fixed period (not less than 2 years) specified in the order or until further order.
6
The only prohibitions that may be imposed are those necessary for the purpose of protecting children generally or any child from harm from the defendant.
7
Where a court makes a risk of sexual harm order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.
124Section 123: interpretation
1
Subsections (2) to (7) apply for the purposes of section 123.
2
“Protecting children generally or any child from harm from the defendant” means protecting children generally or any child from physical or psychological harm, caused by the defendant doing acts within section 123(3).
3
“Child” means a person under 16.
4
“Image” means an image produced by any means, whether of a real or imaginary subject.
5
“Sexual activity” means an activity that a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider to be sexual.
6
A communication is sexual if—
a
any part of it relates to sexual activity, or
b
a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider that any part of the communication is sexual.
7
An image is sexual if—
a
any part of it relates to sexual activity, or
b
a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider that any part of the image is sexual.
F3488
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
125RSHOs: variations, renewals and discharges
1
2
The persons are—
a
the defendant;
F465b
the Chief Constable of the Police Service of Northern Ireland.
3
Subject to subsections (4) and (5), on the application the court, after hearing the person making the applicationF466, and the other person mentioned in subsection (2) (if that person wishes to be heard), may make any order, varying, renewing or discharging the risk of sexual harm order, that the court considers appropriate.
4
An order may be renewed, or varied so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of protecting children generally or any child from harm from the defendant (and any renewed or varied order may contain only such prohibitions as are necessary for this purpose).
5
The court must not discharge an order before the end of 2 years beginning with the day on which the order was made, without the consent of the defendant and F467the Chief Constable of the Police Service of Northern Ireland.
6
Section 124(2) applies for the purposes of this section.
F5467
In this section “the appropriate court” means—
a
the court which made the risk of sexual harm order;
F468b
a court of summary jurisdiction for the petty sessions district which includes the area where the defendant resides;
c
where the application is made by the Chief Constable of the Police Service of Northern Ireland, any court of summary jurisdiction.
126Interim RSHOs
1
This section applies where an application for a risk of sexual harm order (“the main application”) has not been determined.
2
An application for an order under this section (“an interim risk of sexual harm order”)—
a
may be made by the complaint by which the main application is made, or
b
if the main application has been made, may be made by F469the Chief Constable of the Police Service of Northern Ireland, by complaint to the court to which that application has been made.
3
The court may, if it considers it just to do so, make an interim risk of sexual harm order, prohibiting the defendant from doing anything described in the order.
4
Such an order—
a
has effect only for a fixed period, specified in the order;
b
ceases to have effect, if it has not already done so, on the determination of the main application.
5
The applicant or the defendant may by complaint apply to the court that made the interim risk of sexual harm order for the order to be varied, renewed or discharged.
127RSHOs and interim RSHOs: appeals
1
A defendant may appeal to F470a county court—
a
against the making of a risk of sexual harm order;
b
against the making of an interim risk of sexual harm order; or
c
against the making of an order under section 125, or the refusal to make such an order.
2
On any such appeal, F471the county court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.
F4723
Any order made by a county court on an appeal under subsection (1)(a) or (b) (other than an order directing that an application be re-heard by a court of summary jurisdiction) is for the purposes of section 125(7) or 126(5) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the county court).
128Offence: breach of RSHO or interim RSHOF430etc
F4731
A person who, without reasonable excuse, does anything that the person is prohibited from doing by—
a
a risk of sexual harm order,
b
an interim risk of sexual harm order,
c
a sexual risk order,
d
an interim sexual risk order,
e
an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (risk of sexual harm orders in Scotland), or
f
an order under section 5 of that Act (interim risk of sexual harm orders in Scotland),
commits an offence.
2
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
3
Where a person is convicted of an offence under this section, it is not open to the court by or before which he is convicted to make, in respect of the offence, an order for conditional discharge.
129Effect of conviction etc. of an offence under section 128 F431etc
1
This section applies to a person (“the defendant”) who—
a
is convicted of an offence F178mentioned in subsection (1A) ;
b
is found not guilty of such an offence by reason of insanity;
c
is found to be under a disability and to have done the act charged against him in respect of such an offence; or
d
is cautioned in respect of such an offence.
F1791A
Those offences are—
a
an offence under section F474122H or 128 of this Act;
b
an offence under section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (contravention of RSHO or interim RSHO in Scotland).
2
Where —
a
a defendant was a relevant offender immediately before this section applied to him, and
b
the defendant would (apart from this subsection) cease to be subject to the notification requirements of this Part while the relevant order (as renewed from time to time) has effect,
the defendant remains subject to the notification requirements.
3
Where the defendant was not a relevant offender immediately before this section applied to him—
a
this section causes the defendant to become subject to the notification requirements of this Part from the time the section first applies to him until the relevant order (as renewed from time to time) ceases to have effect, and
b
this Part applies to the defendant, subject to the modification set out in subsection (4).
4
The “relevant date” is the date on which this section first applies to the defendant.
F4755
In this section “relevant order” means—
a
where the conviction, finding or caution within subsection (1) is in respect of a breach of a risk of sexual harm order or a sexual risk order, that order;
b
where the conviction, finding or caution within subsection (1) is in respect of a breach of an interim risk of sexual harm order or an interim sexual risk order, any risk of sexual harm order or sexual risk order made on the hearing of the application to which the interim order relates or, if no such order is made, the interim order.
6
In subsection (5)—
“risk of sexual harm order” includes an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005;“interim risk of sexual harm order” includes an order under section 5 of that Act.
Power to amend Schedules 3 and 5
130Power to amend Schedules 3 and 5
1
The Secretary of State may by order amend Schedule 3 or 5.
2
Subject to subsection (3), an amendment within subsection (4) does not apply to convictions, findings and cautions before the amendment takes effect.
3
For the purposes of sections 106 and 116, an amendment within subsection (4) applies to convictions, findings and cautions before as well as after the amendment takes effect.
4
An amendment is within this subsection if it—
a
adds an offence,
b
removes a threshold relating to an offence, or
c
changes a threshold in such a way as to cause an offence committed by or against a person of a particular age or in certain circumstances, or resulting in a particular disposal, to be within a Schedule when it would not otherwise be.
General
131Young offenders: application
This Part applies to—
a
a period of detention which a person is liable to serve under a detention and training order F180(including an order under section 211 of the Armed Forces Act 2006), or a secure training order,
b
a period for which a person is ordered to be detained in residential accommodation under section 44(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46),
c
a period of training in a training school, or of custody in a remand centre, which a person is liable to undergo or serve by virtue of an order under section 74(1)(a) or (e) of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)),
d
a period for which a person is ordered to be detained in a juvenile justice centre under Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)),
e
a period for which a person is ordered to be kept in secure accommodation under Article 44A of the Order referred to in paragraph (d),
f
a sentence of detention in a young offender institution, a young offenders institution or a young offenders centre,
g
a sentence under a custodial order within the meaning of section 71AA of, or paragraph 10(1) of Schedule 5A to, the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 43AA of, or paragraph 10(1) of Schedule 4A to, the Naval Discipline Act 1957 (c. 53),
h
a sentence of detention under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), F181section 209 or 218 of the Armed Forces Act 2006, section 208 of the Criminal Procedure (Scotland) Act 1995 or Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998,
i
a sentence of custody for life under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6),
j
a sentence of detention, or custody for life, under section 71A of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 43A of the Naval Discipline Act 1957 (c. 53),
F182k
a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 F183(including one passed as a result of section 221 of the Armed Forces Act 2006),
l
F185m
a sentence of detention under Article 13(4)(b) or 14(5) of the Criminal Justice (Northern Ireland) Order 2008,
as it applies to an equivalent sentence of imprisonment; and references in this Part to prison or imprisonment are to be interpreted accordingly.
132Offences with thresholds
1
This section applies to an offence which in Schedule 3 is listed subject to a condition relating to the way in which the defendant is dealt with in respect of the offence or (where a relevant finding has been made in respect of him) in respect of the finding (a “sentencing condition”).
2
Where an offence is listed if either a sentencing condition or a condition of another description is met, this section applies only to the offence as listed subject to the sentencing condition.
3
For the purposes of this Part (including in particular section 82(6))—
a
a person is to be regarded as convicted of an offence to which this section applies, or
b
(as the case may be) a relevant finding in relation to such an offence is to be regarded as made,
at the time when the sentencing condition is met.
4
In the following subsections, references to a foreign offence are references to an act which—
a
constituted an offence under the law in force in a country outside the United Kingdom (“the relevant foreign law”), and
b
would have constituted an offence to which this section applies (but not an offence, listed in Schedule 3, to which this section does not apply) if it had been done in any part of the United Kingdom.
5
In relation to a foreign offence, references to the corresponding UK offence are references to the offence (or any offence) to which subsection (4)(b) applies in the case of that foreign offence.
6
For the purposes of this Part, a person is to be regarded as convicted under the relevant foreign law of a foreign offence at the time when he is, in respect of the offence, dealt with under that law in a way equivalent to that mentioned in Schedule 3 as it applies to the corresponding UK offence.
7
Where in the case of any person a court exercising jurisdiction under the relevant foreign law makes in respect of a foreign offence a finding equivalent to a relevant finding, the court’s finding is, for the purposes of this Part, to be regarded as made at the time when the person is, in respect of the finding, dealt with under that law in a way equivalent to that mentioned in Schedule 3 as it applies to the corresponding UK offence.
8
Where (by virtue of an order under section 130 or otherwise) an offence is listed in Schedule 5 subject to a sentencing condition, this section applies to that offence as if references to Schedule 3 were references to Schedule 5.
9
In this section, “relevant finding”, in relation to an offence, means—
a
a finding that a person is not guilty of the offence by reason of insanity, or
b
a finding that a person is under a disability and did the act charged against him in respect of the offence.
132AF224Disapplication of time limit for complaints
Section 127 of the Magistrates' Courts Act 1980 (time limits) does not apply to a complaint under any provision of this Part.
133Part 2: general interpretation
C31
In this Part—
“admitted to a hospital” means admitted to a hospital under—
- a
section 37 of the Mental Health Act 1983 (c. 20), section 57(2)(a) or F18657A(2) of the Criminal Procedure (Scotland) Act 1995 (c. 46) or Article 44 or 50A(2) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));
- b
Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25); or
- c
F187section 46 of the Mental Health Act 1983,
F188section 69 of the Mental Health (Scotland) Act 1984or Article 52 of the Mental Health (Northern Ireland) Order 1986;
- a
F190F189“applicable date” has the meaning given by section 88D(5)
“cautioned” means—
- a
cautioned F191(or, in Northern Ireland, cautioned by a police officer) after the person concerned has admitted the offence, F392...
- b
F392...
and “caution” is to be interpreted accordingly;
- a
“community order” means—
- a
a community order within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) F192(as that Act had effect before the passing of the Criminal Justice Act 2003);
- b
F193a community payback order made under the Criminal Procedure (Scotland) Act 1995 (c.46);
- c
a community order within the meaning of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)), a probation order under section 1 of the Probation Act (Northern Ireland) 1950 (c. 7 (N.I.)) or a community service order under Article 7 of the Treatment of Offenders (Northern Ireland) Order 1976 (S.I. 1976/226 (N.I. 40)); or
- d
a community supervision order;
- a
“community supervision order” means an order under paragraph 4 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957;
“country” includes territory;
F195F194“date of discharge” has the meaning given by section 88B(1)
“detained in a hospital” means detained in a hospital under—
- a
Part 3 of the Mental Health Act 1983, F196section 136 of the Mental Health (Care and Treatment)(Scotland) Act 2003 (asp 13), Part 6 of the Criminal Procedure (Scotland) Act 1995 or Part III of the Mental Health (Northern Ireland) Order 1986;
- b
Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991; or
- c
F197section 46 of the Mental Health Act 1983,
F198section 69 of the Mental Health (Scotland) Act 1984or Article 52 of the Mental Health (Northern Ireland) Order 1986;
- a
F200F199“further date of discharge” has the meaning given by section 88B(3)
“guardianship order” means a guardianship order under section 37 of the Mental Health Act 1983 (c. 20), section 58 of the Criminal Procedure (Scotland) Act 1995 (c. 46) or Article 44 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));
“home address” has the meaning given by section 83(7);
“interim notification order” has the meaning given by section 100(2);
“interim risk of sexual harm order” has the meaning given by section 126(2);
F476“interim sexual harm prevention order” has the meaning given by section 103F(2);
“interim sexual offences prevention order” has the meaning given by section 109(2);
F476“interim sexual risk order” has the meaning given by section 122E(2);
F201“kept in service custody” means kept in service custody by virtue of an order under section 105(2) of the Armed Forces Act 2006 (but see also subsection (3));
“local police area” has the meaning given by section 88(3);
“local probation board” has the same meaning as in the Criminal Justice and Court Services Act 2000 (c. 43);
F203F202“notification continuation order” has the meaning given by section 88C(2)
“notification order” has the meaning given by section 97(1);
“notification period” has the meaning given by section 80(1);
F204“order for conditional discharge” means an order under any of the following provisions discharging the offender conditionally—
- a
section 12 of the Powers of Criminal Courts (Sentencing) Act 2000;
- b
Article 4 of the Criminal Justice (Northern Ireland) Order 1996;
- c
section 185 of the Armed Forces Act 2006;
- d
paragraph 3 of Schedule 5A to the Army Act 1955 or Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957;
- a
“parental responsibility” has the same meaning as in the Children Act 1989 (c. 41) or the Children (Northern Ireland) Order 1995 (S.I. 1995/ 755 (N.I. 2)), and “parental responsibilities” has the same meaning as in Part 1 of the Children (Scotland) Act 1995 (c. 36);
“the period of conditional discharge” has the meaning given by each of the following—
- a
section 12(3) of the Powers of Criminal Courts (Sentencing) Act 2000;
- b
Article 2(2) of the Criminal Justice (Northern Ireland) Order 1996;
- c
F205section 185(2) of the Armed Forces Act 2006;
- a
F206. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F206. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F476“prohibition on foreign travel” has the meaning given by section 103D(2) or 122C(2);
“relevant date” has the meaning given by section 82(6) (save in the circumstances mentioned in sections F208F20788B,
F42098F42096A(6) , 100, 107, 109 and 129);“relevant offender” has the meaning given by section 80(2);
“restriction order” means—
- a
an order under section 41 of the Mental Health Act 1983, section 57(2)(b) or 59 of the Criminal Procedure (Scotland) Act 1995 or Article 47(1) of the Mental Health (Northern Ireland) Order 1986;
- b
a direction under paragraph 2(1)(b) of Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25) or Article 50A(3)(b) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)); or
- c
F209a direction under section 46 of the Mental Health Act 1983,
F210section 69 of the Mental Health (Scotland) Act 1984or Article 52 of the Mental Health (Northern Ireland) Order 1986;
- a
“risk of sexual harm order” has the meaning given by section 123(1);
F211“service detention” has the meaning given by section 374 of the Armed Forces Act 2006;
F476“sexual harm prevention order” has the meaning given by section 103A(1);
“sexual offences prevention order” has the meaning given by section 106(1);
F476“sexual risk order” has the meaning given by section 122A(1);
F212“specified”, in relation to an offender supervision requirement, means specified in the requirement.
“supervision” means supervision in pursuance of an order made for the purpose or, in the case of a person released from prison on licence, in pursuance of a condition contained in his licence;
F213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2141A
A reference to a provision specified in paragraph (a) of the definition of “admitted to a hospital”, “detained in a hospital” or “restriction order” includes a reference to the provision as it applies by virtue of—
a
section 5 of the Criminal Procedure (Insanity) Act 1964,
b
section 6 or 14 of the Criminal Appeal Act 1968,
F215ba
Schedule 4 to the Armed Forces Act 2006 (including as applied by section 16(2) of the Court Martial Appeals Act 1968),
c
section 116A of the Army Act 1955 or the Air Force Act 1955 or section 63A of the Naval Discipline Act 1957, or
d
section 16 or 23 of the Courts-Martial (Appeals) Act 1968.
2
Where under section 141 different days are appointed for the commencement of different provisions of this Part, a reference in any such provision to the commencement of this Part is to be read (subject to section 98(4)) as a reference to the commencement of that provision.
F2163
In relation to any time before the commencement of section 105(2) of the Armed Forces Act 2006, “kept in service custody” means being kept in military, air-force or naval custody by virtue of an order made under section 75A(2) of the Army Act 1955 or of the Air Force Act 1955 or section 47G(2) of the Naval Discipline Act 1957 (as the case may be).
134Conditional discharges and probation orders
1
The following provisions do not apply for the purposes of this Part to a conviction for an offence in respect of which an order for conditional discharge F217. . . is made—
a
section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (conviction with absolute or conditional discharge deemed not to be a conviction);
b
Article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (conviction with absolute or conditional discharge deemed not to be a conviction);
c
section 247(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (conviction with F218. . . absolute discharge deemed not to be a conviction);
F219ca
section 187(1) of the Armed Forces Act 2006 (conviction with absolute or conditional discharge deemed not to be a conviction);
d
paragraph 5(1) of Schedule 5A to the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Schedule 4A to the Naval Discipline Act 1957 (c. 53) (conviction with absolute or conditional discharge or community supervision order deemed not to be a conviction).
2
Subsection (1) applies only to convictions after the commencement of this Part.
3
The provisions listed in subsection (1)(d) do not apply for the purposes of this Part to a conviction for an offence in respect of which a community supervision order is or has (before or after the commencement of this Part) been made.
135Interpretation: mentally disordered offenders
C41
In this Part, a reference to a conviction includes a reference to a finding of a court in summary proceedings, where the court makes an order under an enactment within subsection (2), that the accused did the act charged; and similar references are to be interpreted accordingly.
2
The enactments are—
C5a
section 37(3) of the Mental Health Act 1983 (c. 20);
b
section 58(3) of the Criminal Procedure (Scotland) Act 1995 (c. 46);
C6c
Article 44(4) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).
F3542A
In the application of this Part in relation to Scotland, a reference to a person being found not guilty of an offence by reason of insanity is to be read as a reference to a person being acquitted of an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995.
C73
In this Part, a reference to a person being or having been found to be under a disability and to have done the act charged against him in respect of an offence includes a reference to his being or having been found—
a
unfit to be tried for the offence;
b
to be insane so that his trial for the offence cannot or could not proceed; or
c
unfit to be tried and to have done the act charged against him in respect of the offence.
4
In section 133—
a
a reference to admission or detention under Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), and the reference to a direction under paragraph 2(1)(b) of that Schedule, include respectively—
i
a reference to admission or detention under Schedule 1 to the Criminal Procedure (Insanity) Act 1964 (c. 84); and
ii
a reference to a restriction order treated as made by paragraph 2(1) of that Schedule;
b
a reference to admission or detention under any provision of Part 6 of the Criminal Procedure (Scotland) Act 1995, and the reference to an order under section 57(2)(b) or 59 of that Act, include respectively—
i
a reference to admission or detention under section 174(3) or 376(2) of the Criminal Procedure (Scotland) Act 1975 (c. 21); and
ii
a reference to a restriction order made under section 178(1) or 379(1) of that Act;
c
F220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
136Part 2: Northern Ireland
1
This Part applies to Northern Ireland with the following modifications.
2
References to a chief officer of police are to be read as references to the Chief Constable of the Police Service of Northern Ireland.
3
References to police areas are to be read as references to Northern Ireland.
4
References to a complaint are to be read as references to a complaint under Part VIII of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) to a court of summary jurisdiction.
F2214A
In section 132A the reference to section 127 of the Magistrates' Courts Act 1980 is to be read as a reference to Article 78 of the Magistrates' Courts (Northern Ireland) Order 1981.
5
F5486
References to a magistrates' court for the area in which the defendant resides are to be read as references to a court of summary jurisdiction for the petty sessions district which includes the area where the defendant resides.
F5487
References to a youth court for the area in which the defendant resides are to be read as references to a youth court for the petty sessions district which includes the area where the defendant resides.
F2227A
References to a justice of the peace are to be read as references to a lay magistrate.
F4778
The reference in section 101 to the Crown Court is to be read as a reference to a county court.
9
Any direction of the county court made under section 89(1) on an appeal under Article 143 of the Magistrates' Courts (Northern Ireland) Order 1981 (appeals in other cases) (other than one directing that an application be re-heard by a court of summary jurisdiction) is, for the purposes of section 90, to be treated as if it were made by the court from which the appeal was brought and not by the county court.
10
Any order of the county court made on an appeal under Article 143 of the Magistrates' Courts (Northern Ireland) Order 1981 (other than one directing that an application be re-heard by a court of summary jurisdiction) is, for the purposes of section 108, to be treated as if it were an order of the court from which the appeal was brought and not an order of the county court.
F22311
References to the Secretary of State, except in sections 94 and 95, are to be read as references to the Department of Justice in Northern Ireland.
136ZAF436Application of orders throughout the United Kingdom
1
In this section “relevant order” means—
a
a sexual harm prevention order;
b
an interim sexual harm prevention order;
c
a sexual offences prevention order;
d
an interim sexual offences prevention order;
e
a foreign travel order;
f
a sexual risk order;
g
an interim sexual risk order;
h
a risk of sexual harm order;
i
an interim risk of sexual harm order;
j
an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (risk of sexual harm orders in Scotland);
k
an order under section 5 of that Act (interim risk of sexual harm orders in Scotland).
2
For the purposes of sections 103I, 113, 122, 122H and 128, prohibitions imposed by a relevant order made in one part of the United Kingdom apply (unless expressly confined to particular localities) throughout that and every other part of the United Kingdom.
136ZBOrder ceases to have effect when new order made
1
Where a court in England and Wales makes an order listed in the first column of the following Table in relation to a person who is already subject to an order listed opposite it in the second column, the earlier order ceases to have effect (whichever part of the United Kingdom it was made in) unless the court orders otherwise.
New order | Earlier order |
|---|---|
Sexual harm prevention order | — sexual offences prevention order; — foreign travel order. |
Sexual risk order | — risk of sexual harm order; — foreign travel order. |
2
Where a court in Northern Ireland or Scotland makes an order listed in the first column of the following Table in relation to a person who is already subject to an order or prohibition listed opposite it in the second column, the earlier order or prohibition ceases to have effect (even though it was made or imposed by a court in England and Wales) unless the court orders otherwise.
New order | Earlier order or prohibition |
|---|---|
Sexual offences prevention order | — sexual harm prevention order not containing a prohibition on foreign travel; — in the case of a sexual harm prevention order containing a prohibition on foreign travel, each of its other prohibitions. |
Foreign travel order | — prohibition on foreign travel contained in a sexual harm prevention order. |
Risk of sexual harm order | — sexual risk order not containing a prohibition on foreign travel; — in the case of a sexual risk order containing a prohibition on foreign travel, each of its other prohibitions. |
3
In this section—
a
“court”, in Scotland, includes sheriff;
b
“risk of sexual harm order” includes an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005.
136ZCVariation of sexual harm prevention order by court in Northern Ireland
1
This section applies where a sexual harm prevention order has been made in respect of a person who now—
a
is residing in Northern Ireland, or
b
is in or is intending to come to Northern Ireland.
2
An application may be made to the appropriate court in Northern Ireland—
a
by the defendant, or
b
by the Chief Constable,
for an order varying the sexual harm prevention order.
3
An application under subsection (2) may be made—
a
where the appropriate court is the Crown Court, in accordance with rules of court;
b
in any other case, by complaint.
4
Subject to subsections (5) and (6), on the application the court, after hearing the person making the application and the other person mentioned in subsection (2) (if that person wishes to be heard), may make any order varying the sexual harm prevention order that the court considers appropriate.
5
An order may be varied so as to impose additional prohibitions on the defendant only if it is necessary to do so for the purpose of—
a
protecting the public in Northern Ireland, or any particular members of the public in Northern Ireland, from sexual harm from the defendant, or
b
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
6
An order as varied under this section may contain only such prohibitions as are necessary for the purpose of—
a
protecting the public or any particular members of the public from sexual harm from the defendant, or
b
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
7
The defendant may appeal against the making of an order under this section, or the refusal to make such an order—
a
where the application for such an order was made to the Crown Court, to the Court of Appeal in Northern Ireland;
b
in any other case, to a county court in Northern Ireland.
8
On an appeal under subsection (7)(b), the county court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.
9
In this section—
“the appropriate court” means—
- a
where the sexual harm prevention order was made by—
- i
the Crown Court, otherwise than on appeal from a magistrates' court, or
- ii
the Court of Appeal,
the Crown Court (in Northern Ireland);
- i
- b
where—
- i
the sexual harm prevention order was made by a magistrates' court, or by the Crown Court on appeal from a magistrates' court, and
- ii
the defendant is aged 18 or over,
any court of summary jurisdiction in Northern Ireland;
- i
- c
where—
- i
the defendant is aged under 18, and
- ii
paragraph (a) does not apply,
any youth court in Northern Ireland;
- i
- a
“the Chief Constable” means the Chief Constable of the Police Service of Northern Ireland;
“sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).
136ZDVariation of sexual risk order by court in Northern Ireland
1
This section applies where a sexual risk order has been made in respect of a person who now—
a
is residing in Northern Ireland, or
b
is in or is intending to come to Northern Ireland.
2
An application may be made to the appropriate court in Northern Ireland—
a
by the defendant, or
b
by the Chief Constable,
for an order varying the sexual risk order.
3
Subject to subsections (4) and (5), on the application the court, after hearing the person making the application and the other person mentioned in subsection (2) (if that person wishes to be heard), may make any order varying the sexual risk order that the court considers appropriate.
4
An order may be varied so as to impose additional prohibitions on the defendant only if it is necessary to do so for the purpose of—
a
protecting the public in Northern Ireland, or any particular members of the public in Northern Ireland, from harm from the defendant, or
b
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
5
An order as varied under this section may contain only such prohibitions as are necessary for the purpose of—
a
protecting the public or any particular members of the public from harm from the defendant, or
b
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
6
The defendant may appeal against the making of an order under this section, or the refusal to make such an order, to a county court in Northern Ireland.
7
On an appeal under subsection (6), the county court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.
8
In this section—
“the appropriate court” means—
- a
where the defendant is aged 18 or over, any court of summary jurisdiction in Northern Ireland;
- b
where the defendant is aged under 18, any youth court in Northern Ireland;
- a
“the Chief Constable” means the Chief Constable of the Police Service of Northern Ireland;
“harm”, “child” and “vulnerable adult” each has the meaning given in section 122B(1).
F242Part 2AClosure orders
Pt. 2A inserted (E.W.N.I.) (1.4.2010 for E.W. and otherwise prosp.) by Policing and Crime Act 2009 (c. 26), ss. 21(1), 116(1), Sch. 2 para. 1 (with s. 21(2)); S.I. 2010/507, art. 5(t) (subject to art. 6)
Basic definitions
136AMeaning of specified prostitution offence etc.
1
This section applies for the purposes of this Part.
2
The specified prostitution offences are—
a
an offence under F478... Article 37 of the Sexual Offences (Northern Ireland) Order 2008 (“the Northern Ireland Order”);
F520aa
an offence under section 48 of this Act committed by causing or inciting a child to be sexually exploited within the meaning given by section 51(2)(a);
b
an offence under F523Article 38 of the Northern Ireland Order committed by causing or inciting a child to become a prostitute;
F521ba
an offence under section 49 of this Act committed by controlling the activities of a child in relation to sexual exploitation within the meaning given by section 51(2)(a);
c
an offence under F524Article 39 of the Northern Ireland Order committed by controlling the activities of a child relating to the child's prostitution;
F522ca
an offence under section 50 of this Act committed by arranging or facilitating the sexual exploitation, within the meaning given by section 51(2)(a), of a child;
d
an offence under F525Article 40 of the Northern Ireland Order committed by arranging or facilitating a child's prostitution;
e
an offence under section 52 of this Act or Article 62 of the Northern Ireland Order;
f
an offence under section 53 of this Act or Article 63 of the Northern Ireland Order.
3
The specified pornography offences are—
F526za
an offence under section 48 of this Act committed by causing or inciting a child to be sexually exploited within the meaning given by section 51(2)(b);
a
an offence under F527Article 38 of the Northern Ireland Order committed by causing or inciting a child to be involved in pornography;
F528aa
an offence under section 49 of this Act committed by controlling the activities of a child in relation to sexual exploitation within the meaning given by section 51(2)(b);
b
an offence under F529Article 39 of the Northern Ireland Order committed by controlling the activities of a child relating to the child's involvement in pornography;
F530ba
an offence under section 50 of this Act committed by arranging or facilitating the sexual exploitation, within the meaning given by section 51(2)(b), of a child;
c
an offence under F531Article 40 of the Northern Ireland Order committed by arranging or facilitating a child's involvement in pornography.
F4793A
The specified child sex offences are—
a
an offence under any of the following sections of this Act—
sections 5 to 13;
sections 16 to 19;
sections 25 and 26;
sections 47 to 50;
b
an offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children);
c
an offence under any of the following sections of this Act committed against a person under 18—
sections 1 to 4;
sections 30 to 41;
section 59A;
section 61;
sections 66 and 67.
F538d
an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed against a person under 18 with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).
4
Premises are being used for activities related to a specified prostitution offence—
a
b
in the case of any other specified prostitution offence, at any time when the person in respect of whom the offence is committed is providing sexual services as a prostitute on the premises.
5
Premises are being used for activities related to a specified pornography offence at any time when the person in respect of whom the offence is committed is doing anything on the premises which enables an indecent image of himself or herself to be recorded.
F4825A
Premises are being used for activities related to a specified child sex offence at any time when the premises are used—
a
to commit the offence, or
b
for activities intended to arrange or facilitate the commission of the offence.
6
Any reference to an offence under this Act includes a reference to—
a
an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 of which the corresponding civil offence (within the meaning of the Act in question) is such an offence;
b
an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is such an offence.
Closure notices
136BPower to authorise issue of closure F437notice: prostitution or pornography offences
1
A member of a police force not below the rank of superintendent (“the authorising officer”) may authorise the issue of a closure notice in respect of any premises if three conditions are met.
2
The first condition is that the officer has reasonable grounds for believing that either subsection (3) or (4) (or both) applies.
3
This subsection applies if, during the relevant period, the premises were used for activities related to one or more specified prostitution offences.
But this subsection does not apply if only one person obtained all of the sexual services in question (whether or not on a single occasion).
4
This subsection applies if, during the relevant period, the premises were used for activities related to one or more specified pornography offences.
5
In subsections (3) and (4), “the relevant period” means the period of 3 months ending with the day on which the officer is considering whether to authorise the issue of the notice.
6
The second condition is that the officer has reasonable grounds for believing that the making of a closure order under section 136D is necessary to prevent the premises being used for activities related to one or more specified prostitution or pornography offences.
7
The third condition is that the officer is satisfied—
a
that the local authority for the area in which the premises are situated has been consulted, and
b
that reasonable steps have been taken to establish the identity of any person who resides on the premises or who has control of or responsibility for or an interest in the premises.
8
For the purposes of the second condition, it does not matter whether the officer believes that the offence or offences in question have been committed or that they will be committed (or will be committed unless a closure order is made).
9
An authorisation under subsection (1) may be given orally or in writing, but if it is given orally the authorising officer must confirm it in writing as soon as it is practicable.
10
The issue of a closure notice may be authorised whether or not a person has been convicted of any specified prostitution or pornography offence that the authorising officer believes has been committed.
11
The Secretary of State may by regulations specify premises or descriptions of premises to which this section does not apply.
136BAF438Power to authorise issue of closure notice: child sex offences in England and Wales
1
A member of a police force not below the rank of superintendent (“the authorising officer”) may authorise the issue of a closure notice in respect of any premises in England and Wales if three conditions are met.
2
The first condition is that the officer has reasonable grounds for believing that—
a
during the relevant period, the premises were used for activities related to one or more specified child sex offences, or
b
the premises are likely to be used (unless a closure order is made) for activities related to one or more specified child sex offences.
3
In subsection (2)(a), “the relevant period” means the period of 3 months ending with the day on which the officer is considering whether to authorise the issue of the notice.
4
The second condition is that the officer has reasonable grounds for believing that the making of a closure order under section 136D is necessary to prevent the premises being used for activities related to one or more specified child sex offences.
5
For the purposes of the second condition, it does not matter whether the officer believes that the offence or offences in question have been committed or that they will be committed (or will be committed unless a closure order is made).
6
The third condition is that the officer is satisfied that reasonable efforts have been made—
a
to consult the local authority for the area in which the premises are situated, and
b
to establish the identity of any person who resides on the premises or who has control of or responsibility for or an interest in the premises.
7
If the local authority has not been consulted when the notice is issued, it must be consulted as soon as possible afterwards.
8
An authorisation under subsection (1) may be given orally or in writing, but if it is given orally the authorising officer must confirm it in writing as soon as it is practicable.
9
The issue of a closure notice may be authorised whether or not a person has been convicted of any specified child sex offence that the authorising officer believes has been committed.
10
The Secretary of State may by regulations specify premises or descriptions of premises to which this section does not apply.
136CContents and service of closure notice
1
A closure notice must—
a
state that no-one other than a person who regularly resides on, or owns, the premises may enter or remain on them,
b
state that failure to comply with the notice amounts to an offence,
c
specify the offence or offences in respect of which the authorising officer considers that the first and second conditions in section 136B F483or 136BA are met,
d
state that an application will be made under section 136D for the closure of the premises,
e
specify the date and time when, and the place at which, that application will be heard, and
f
explain the effects of an order under section 136D.
2
A closure notice must be served by a constable.
3
Service is effected by—
a
fixing a copy of the notice to at least one prominent place on the premises,
b
fixing a copy of the notice to each normal means of access to the premises,
c
fixing a copy of the notice to any outbuildings which appear to the constable to be used with or as part of the premises, and
d
giving a copy of the notice to the persons identified in pursuance of section 136B(7)(b) F484or 136BA(6)(b) and to any other person appearing to the constable to be a person of a description mentioned in that provision.
4
A constable must also serve a copy of the notice on any person who occupies any other part of a building or other structure in which the premises are situated if, at the time of acting under subsection (3), the constable reasonably believes that the person's access to the other part of the building or structure will be impeded if a closure order is made.
5
Subsection (3)(d) or (4) does not require a constable to serve a copy of the notice on a person if it is not reasonably practicable to do so.
6
A constable acting under subsection (3) may enter any premises, using reasonable force if necessary, for the purpose of complying with subsection (3)(a) to (c).
7
A closure notice has effect until an application for a closure order is determined under section 136D.
8
But, if the hearing of an application for a closure order is adjourned, the closure notice ceases to have effect unless the court makes an order under section 136E(2).
Closure orders
136DPower to make a closure order
1
If a closure notice has been issued, a constable must apply under this section to a magistrates' court for a closure order.
2
A closure order is an order that the premises in respect of which the order is made are closed to all persons for such period not exceeding 3 months as is specified in the order.
3
The application must be heard by the magistrates' court not later than 48 hours after the notice was served in pursuance of section 136C(3)(a).
4
The magistrates' court may make a closure order if three conditions are met.
5
The first condition is that the court is satisfied that F485at least one of subsections (6), (7) and (7A) applies.
6
This subsection applies if, during the relevant period, the premises were used for activities related to one or more specified prostitution offences.
But this subsection does not apply if only one person obtained all of the sexual services in question (whether or not on a single occasion).
7
This subsection applies if, during the relevant period, the premises were used for activities related to one or more specified pornography offences.
F4867A
This subsection applies if—
a
during the relevant period, the premises were used for activities related to one or more specified child sex offences, or
b
the premises are likely to be used (unless a closure order is made) for activities related to one or more specified child sex offences.
8
In F487subsections (6), (7) and (7A)(a), “the relevant period” means the period of 3 months ending with the day on which the issue of the closure notice was authorised.
9
The second condition is that the court is satisfied that the making of the closure order is necessary to prevent the premises being used for activities related to one or more specified F488prostitution, pornography or child sex offences during the period to be specified in the order.
10
The third condition is that the court is satisfied that—
a
before the issue of the closure notice was authorised, reasonable steps were taken to establish the identity of any person of a description mentioned in section 136B(7)(b) F489or 136BA(6)(b), and
b
a constable complied with section 136C(3)(d) in relation to the persons so identified.
11
For the purposes of the second condition, it does not matter whether the court is satisfied that the offence or offences in question have been committed or that they will be committed (or will be committed unless a closure order is made).
12
A closure order may be made whether or not a person has been convicted of any specified F490prostitution, pornography or child sex offences that the court is satisfied has been committed.
136EMaking of closure orders: supplementary provision
1
The magistrates' court may adjourn the hearing of an application for a closure order for a period of not more than 14 days to enable any of the following to show why a closure order should not be made—
a
an occupier of the premises;
b
a person who has control of or responsibility for the premises;
c
any other person with an interest in the premises.
2
If the court adjourns the hearing, it may order that the closure notice continues in effect until the end of the period of the adjournment.
3
A closure order may include such provision as the court thinks appropriate relating to access to any other part of a building or other structure in which the premises are situated.
4
A closure order may be made in respect of the whole or any part of the premises in respect of which the closure notice was issued.
Enforcement
136FClosure order: enforcement
1
This section applies if a closure order is made.
2
A constable or an authorised person may—
a
enter the premises in respect of which the order is made;
b
do anything reasonably necessary to secure the premises against entry by any person.
3
A constable or an authorised person seeking to enter premises for the purposes of subsection (2) must, if required to do so by or on behalf of the owner, occupier or other person in charge of the premises, produce evidence of the constable's or (as the case may be) the authorised person's identity and authority before entering the premises.
4
A constable or an authorised person may also enter the premises at any time while the order has effect for the purpose of carrying out essential maintenance of, or repairs to, the premises.
5
A constable or an authorised person acting under subsection (2) or (4) may use reasonable force.
6
In this section “authorised person”—
a
in the application of this section to England and Wales, means a person authorised by the chief officer of police for the area in which the premises are situated;
b
in the application of this section to Northern Ireland, means a person authorised by the Chief Constable of the Police Service of Northern Ireland.
136GClosure of premises: offences
1
A person who remains on or enters premises in contravention of a closure notice commits an offence.
2
A person who remains on or enters premises in contravention of a closure order commits an offence.
3
A person does not commit an offence under subsection (1) or (2) if the person has a reasonable excuse for remaining on or entering the premises.
4
A person who obstructs a constable or an authorised person acting under section 136C(3) or (4) or 136F(2) or (4) commits an offence.
5
A person guilty of an offence under this section is liable on summary conviction—
a
to imprisonment for a period not exceeding 51 weeks, or
b
to a fine not exceeding level 5 on the standard scale,
or to both.
6
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection
7
In the application of this section to Northern Ireland—
a
the reference in subsection (5)(a) to 51 weeks is to be read as a reference to 6 months, and
b
subsection (6) is omitted.
8
In this section “authorised person” has the same meaning as in section 136F.
Extension and discharge of closure orders
136HApplications for extension of closure order
1
At any time before the end of the period for which a closure order is made or extended a constable may make a complaint to the appropriate judicial officer for an extension or further extension of the period for which it has effect.
2
A complaint may not be made under subsection (1) unless it is authorised by a member of a police force not below the rank of superintendent.
3
Authorisation may be given under subsection (2) if two conditions are met.
4
The first condition is that the officer has reasonable grounds for believing that it is necessary to extend the period for which the order has effect to prevent the premises being used for activities related to any of the specified F491prostitution, pornography or child sex offences in respect of which section 136D(9) applied.
5
The second condition is that the officer is satisfied that the local authority has been consulted about the intention to make a complaint.
6
If a complaint is made under subsection (1) the appropriate judicial officer may issue a summons directed to—
a
any person on whom the closure notice relating to the closed premises was served under section 136C(3)(d) or (4), or
b
any other person who appears to the judicial officer to have an interest in the closed premises but on whom the closure notice was not served,
requiring such person to appear before the magistrates' court to answer to the complaint.
7
If a summons is issued in accordance with subsection (6), a notice stating the date and time when, and the place at which, the complaint will be heard must be served on—
a
the persons to whom the summons is directed,
b
such constable as the judicial officer thinks appropriate (unless the complainant is a constable), and
c
the local authority.
8
In this section “the appropriate judicial officer” means—
a
in the application of this section to England and Wales, a justice of the peace;
b
in the application of this section to Northern Ireland, a lay magistrate.
136IOrders extending closure orders
1
This section applies where a complaint is made under section 136H.
2
The court may make an order extending the period for which the closure order has effect by a period specified in the order if the court is satisfied that the extension is necessary to prevent the premises being used for activities related to any of the specified F492prostitution, pornography or child sex offences in respect of which section 136D(9) applied.
3
The period specified in the order may not exceed 3 months.
4
The total period for which a closure order has effect may not exceed 6 months.
5
An order under this section may include such provision as the court thinks appropriate relating to access to any other part of a building or other structure in which the premises are situated.
136JDischarge of closure order
1
Any of the following persons may make a complaint to an appropriate judicial officer for an order that a closure order be discharged—
a
a constable;
b
the local authority;
c
a person on whom the closure notice relating to the closed premises was served under section 136C(3)(d) or (4);
d
any other person who has an interest in the closed premises but on whom the closure notice was not served.
2
If a complaint is made under subsection (1) by a person other than a constable the judicial officer may issue a summons directed to such constable as the judicial officer thinks appropriate requiring the constable to appear before the magistrates' court to answer to the complaint.
3
The court may not make an order discharging a closure order unless it is satisfied that the order is no longer necessary to prevent the premises being used for activities related to any of the specified F493prostitution, pornography or child sex offences in respect of which section 136D(9) applied.
4
If a complaint is made under subsection (1), a notice stating the date and time when, and the place at which, the complaint will be heard must be served on—
a
the persons mentioned in subsection (1)(c) and (d) (other than the complainant),
b
a constable (unless a constable is the complainant), and
c
the local authority (unless it is the complainant).
5
In this section “appropriate judicial authority” has the same meaning as in section 136H.
Appeals against closure orders etc.
136KAppeals
1
An appeal against an order under section 136D or 136I, or an appeal against a decision not to be make an order under section 136J, may be made to the appropriate appeal court by—
a
a person on whom the closure notice relating to the closed premises was served under section 136C(3)(d), or
b
any other person who has an interest in the closed premises but on whom the closure notice was not served.
2
An appeal against a decision of a court not to make an order under section 136D or 136I, or an appeal against an order under section 136J, may be made to the appropriate appeal court by—
a
a constable, or
b
the local authority.
3
An appeal under subsection (1) or (2) must be made before the end of the period of 21 days beginning with the day on which the order or decision is made.
4
On an appeal under this section the court may make such order as it thinks appropriate.
5
In this section “the appropriate appeal court” means—
a
in the application of this section to England and Wales, the Crown Court;
b
in the application of this section to Northern Ireland, a county court.
Access to other premises
136LAccess to other premises
1
This section applies to any person who occupies or has an interest in any part of a building or other structure—
a
in which closed premises are situated, and
b
in respect of which the closure order does not have effect.
2
A person to whom this section applies may at any time while a closure order has effect apply to—
a
the magistrates' court in respect of an order made under section 136D or 136I, or
b
the appropriate appeal court in respect of an order made by that court under section 136K.
3
If an application is made under this section notice of the date and time when, and the place at which, the hearing to consider the application will take place must be given to—
a
a constable,
b
the local authority.
c
each person on whom the closure notice relating to the closed premises was served under section 136C(3)(d) or (4), and
d
any other person who appears to the court to have an interest in the closed premises but on whom the closure notice was not served.
4
On an application under this section the court may make such order as it thinks appropriate in relation to access to any other part of a building or other structure in which the closed premises are situated.
5
It is immaterial whether any provision has been made as mentioned in section 136E(3) or 136I(5).
6
In this section “appropriate appeal court” has the same meaning as in section 136K.
Reimbursement of costs, compensation etc.
136MReimbursement of costs
1
A F353local policing body or a local authority which incurs expenditure for the purpose of clearing, securing, repairing or maintaining closed premises may apply to the court which made the closure order for an order under this section.
2
On an application under this section, the court may make such order as it thinks appropriate in the circumstances for the reimbursement (in full or in part) by the owner of the premises of the expenditure mentioned in subsection (1).
3
An application under this section must not be entertained unless it is made before the end of the period of three months beginning with the day the closure order ceases to have effect.
4
An application under this section must be served on—
a
the F353local policing body for the area in which the premises are situated, if the application is made by the local authority,
b
the local authority, if the application is made by a F353local policing body , and
c
the owner of the premises.
5
In the application of this section to Northern Ireland references to the F353local policing body are to be read as references to the Northern Ireland Policing Board.
136NExemption from liability for certain damages
1
A constable is not liable for relevant damages in respect of anything done or omitted to be done by the constable in the performance or purported performance of the constable's functions under this Part.
2
A chief officer of police who has direction or control of a constable is not liable for relevant damages in respect of anything done or omitted to be done by the constable in the performance or purported performance of the constable's functions under this Part.
3
An authorised person is not liable for relevant damages in respect of anything done or omitted to be done by the authorised person in the performance or purported performance of the authorised person's functions under this Part.
4
No person is vicariously liable for anything done or omitted to be done by an authorised person as mentioned in subsection (3).
5
Subsections (1) to (4) do not apply—
a
if the act or omission is shown to have been in bad faith;
b
so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998.
6
This section does not affect any other exemption from liability for damages (whether at common law or otherwise).
7
In this section—
a
“authorised person” has the same meaning as in section 136F;
b
“relevant damages” means damages in proceedings for judicial review or for the tort of negligence or misfeasance in public office.
8
In the application of this section to Northern Ireland, the reference in subsection (2) to the chief officer of police is to be read as a reference to the Chief Constable of the Police Service of Northern Ireland.
136OCompensation
1
A person who claims to have incurred financial loss in consequence of a closure notice or closure order may apply for compensation.
2
The application must be made—
a
to the appropriate appeal court, if the closure order was made or extended by an order of that court on an appeal under section 136K;
b
in any other case, to the magistrates' court which considered the application for a closure order.
3
In a case where a closure notice is issued but a closure order is not made, the application must not be entertained unless it is made before the end of the period of three months beginning with—
a
the day the magistrates' court decides not to make a closure order, or
b
if there is an appeal against that decision, the day the appropriate appeal court dismisses that appeal.
4
In a case where a closure order is made, the application must not be entertained unless it is made before the end of the period of three months beginning with the day the closure order ceases to have effect.
5
The court which hears the application may order the payment of compensation out of central funds if it is satisfied—
a
that the person was not associated with the use of the premises for the activities in relation to which the first condition in section 136B F494or 136BA was met,
b
if the person is the owner or occupier of the premises, that the person took reasonable steps to prevent that use,
c
that the person has incurred financial loss as mentioned in subsection (1), and
d
having regard to all the circumstances it is appropriate to order payment of compensation in respect of that loss.
6
In this section—
a
“appropriate appeal court” has the same meaning as in section 136K;
b
“central funds” has the same meaning as in enactments providing for the payment of costs.
7
In the application of this section to Northern Ireland—
a
the reference in subsection (5) to “central funds” is to be read as a reference to monies provided by Parliament, and
b
subsection (6)(b) is omitted.
General
136PGuidance
1
The Secretary of State may issue guidance relating to the discharge of any functions under or for the purposes of this Part by a constable or by an authorised person (within the meaning of section 136F).
2
A person discharging a function to which guidance under this section relates must have regard to the guidance in discharging the function.
136QIssue of closure notices by persons other than police officers
1
The Secretary of State may by order amend this Part so as to extend the power to authorise the issue of a closure notice to persons other than members of police forces.
2
An order under subsection (1) may make such further amendments of this Part as the Secretary of State thinks appropriate in consequence of the extension of that power to persons other than members of police forces.
136RInterpretation
1
This section applies for the purposes of this Part.
2
“A closure notice” means a notice issued under section 136B F495or 136BA.
3
“A closure order” means—
a
an order made under section 136D;
b
an order extended under section 136I;
c
an order made or extended under section 136K which has the like effect as an order made or extended under section 136D or 136I (as the case may be).
4
“Closed premises” means premises in respect of which a closure order has effect.
5
“Local authority”, in relation to England, means—
a
a district council;
b
a London borough council;
c
a county council for an area for which there is no district council;
d
the Common Council of the City of London in its capacity as a local authority;
e
the Council of the Isles of Scilly.
6
“Local authority”, in relation to Wales, means—
a
a county council;
b
a county borough council.
7
“Local authority”, in relation to Northern Ireland, means a district council.
8
In the application of this Part to England and Wales, references to the local authority in relation to—
a
any premises,
b
a closure notice relating to any premises, or
c
a closure order relating to any premises,
are references to the local authority for the area in which the premises are situated.
F2268A
In the application of this Part to Northern Ireland, references to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland.
9
In the application of this Part to Northern Ireland, references to the local authority in relation to—
a
any premises,
b
a closure notice relating to any premises, or
c
a closure order relating to any premises,
are references to the council for the district in which the premises are situated.
10
In the application of this Part to Northern Ireland, the reference in section 136B(7)(a) to the area is to be read as a reference to the district.
11
“The owner”, in relation to premises, means—
a
a person who, whether alone or jointly with another person, is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion (apart from a mortgagee not in possession);
b
a person who, whether alone or jointly with another person, holds or is entitled to the rents and profits of the premises under a lease which (when granted) was for a term of not less than 3 years.
12
“Premises” includes—
a
any land or other place (whether enclosed or not);
b
any outbuildings which are, or are used as, part of the premises.
13
“Specified prostitution offence” means an offence listed in section 136A(2).
14
“Specified pornography offence” means an offence listed in section 136A(3).
F49615
In the application of this Part to England and Wales, references to specified pornography offences are to be ignored.
16
“Specified child sex offence” means an offence listed in section 136A(3A).
17
In the application of this Part to Northern Ireland, references to specified child sex offences and to section 136BA are to be ignored.
Part 3General
C8137Service courts
1
In this Act—
a
a reference to a court order or a conviction or finding includes a reference to an order of or a conviction or finding by a service court,
b
a reference to an offence includes a reference to an offence triable by a service court,
c
“proceedings” includes proceedings before a service court, and
d
a reference to proceedings for an offence under this Act includes a reference to proceedings for F227an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is that offence.
2
In sections 92 and F497103A(1), “court” includes a service court.
F4983
Where the court making a sexual harm prevention order is a service court—
a
sections 103A(3) to (9), 103F and 103J do not apply;
b
sections 103A(1) and (2), 103B to 103E and 103G to 103I apply—
i
subject to paragraphs (c) and (d), and
ii
as if they extended to the whole of the United Kingdom;
c
in relation to an application under section 103E in respect of a defendant who at the time of the application is a person subject to service law or a civilian subject to service discipline—
i
the application may be made only by the defendant or a Provost Martial, and must be made to the Court Martial;
ii
consent under section 103E(7) must be the consent of the defendant and a Provost Martial;
iii
an appeal against the making of an order under section 103E, or the refusal to make such an order, must be made to the Court Martial Appeal Court;
d
in relation to an application under section 103E in respect of a defendant who at the time of the application is neither a person subject to service law nor a civilian subject to service discipline—
i
the application must be made to the Crown Court in England and Wales;
ii
an appeal against the making of an order under section 103E, or the refusal to make such an order, must be made to the Court of Appeal in England and Wales.
4
In this F499section—
“civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006 (see section 370 of that Act);
“service court” meansF228the Court Martial or the Service Civilian Court;
F500“subject to service law” has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act).
F2295
In subsection (1)(a) the reference to a service court includes a reference to the following—
a
the Court Martial Appeal Court;
b
the Supreme Court on an appeal brought from the Court Martial Appeal Court;
c
a court-martial;
d
a Standing Civilian Court.
F5016
Paragraphs (c)(i) and (d)(i) of subsection (3) have effect, in relation to a sexual harm prevention order made by the Court Martial Appeal Court, as if the reference to a service court in that subsection included a reference to that court.
E9138Orders and regulations
1
Any power to make orders or regulations conferred by this Act on the Secretary of State is exercisable by statutory instrument.
2
3
Any other statutory instrument, except one containing an order under section 141, is to be subject to annulment in pursuance of a resolution of either House of Parliament.
F2324
Orders or regulations made by the Secretary of State under this Act may—
a
make different provision for different purposes;
b
include supplementary, incidental, consequential, transitional, transitory or saving provisions.
F2335
Any power of the Department of Justice in Northern Ireland to make orders or regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
6
An order or regulations under any of sections 83 to 86 or section 130 may not be made by the Department of Justice unless a draft of the order or regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
7
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
8
Any other order or regulations made by the Department of Justice are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
9
Orders or regulations made by the Department of Justice may—
a
make different provision for different purposes;
b
include supplementary, incidental, consequential, transitional, transitory or saving provisions.
E10138Orders and regulations
1
Any power to make orders or regulations conferred by this Act on the Secretary of State is exercisable by statutory instrument.
2
3
Any other statutory instrument, except one containing an order under section 141, is to be subject to annulment in pursuance of a resolution of either House of Parliament.
F2384
Orders or regulations made by the Scottish Ministers under this Act may—
a
make different provision for different purposes,
b
include supplementary, incidental, consequential, transitional, transitory or saving provisions.
139Minor and consequential amendments
Schedule 6 contains minor and consequential amendments.
140Repeals and revocations
The provisions listed in Schedule 7 are repealed or revoked to the extent specified.
P1141Commencement
1
This Act, except this section and sections 138, 142 and 143, comes into force in accordance with provision made by the Secretary of State by order.
2
An order under subsection (1) may—
a
make different provision for different purposes;
b
include supplementary, incidental, saving or transitional provisions.
142Extent, saving etc.
1
Subject to section 137 and to subsections (2) to (4), this Act extends to England and Wales only.
2
The following provisions also extend to Northern Ireland—
b
F240Schedule 2,
F502c
sections 80 to 85, 86 to 88, 89 to 91, 92 to 96, 96B to 103, 122F and 130 to 136ZD;
ca
Part 2A;
d
sections 138, 141, 143 and this section.
F5032A
Sections 85A, 96A, 96AA, 110, 117A, 119 and 123 to 129 and Schedule 3A extend only to Northern Ireland.
3
The following provisions also extend to Scotland—
F504a
sections 80 to 85, 86 to 88, 89 to 91, 92, 94 to 96, 97 to 103, 122F, 130 to 132 and 133 to 136ZB;
b
sections 138, 141, 143 and this section.
F5053A
Sections 88A to 88I, 96A, 111A, 117B, 120 and 121 extend only to Scotland.
3B
Sections 104 to 109, 111, 112 to 117, 118 and 122 extend to Northern Ireland and Scotland but not to England and Wales.
3C
The references to section 96A in subsections (2A) and (3A) are references respectively to—
a
the section 96A inserted by the Criminal Justice Act (Northern Ireland) 2013, and
b
the section 96A inserted by the Police, Public Order and Criminal Justice (Scotland) Act 2006.
4
Unless otherwise provided, any amendment, repeal or revocation made by this Act has the same extent as the provision to which it relates.
5
F241Section 16B of the Criminal Law (Consolidation)
(Scotland) Act 1995 (c. 39) continues to have effect despite the repeal by this Act of section 8 of the Sex Offenders Act 1997 (c. 51).
6
For the purposes of the Scotland Act 1998 (c. 46), this Act is to be taken to be a pre-commencement enactment.
143Short title
This Act may be cited as the Sexual Offences Act 2003.
SCHEDULES
SCHEDULE 1Extension of gender-specific prostitution offences
Sexual Offences Act 1956 (c. 69)
1
In section 36 of the Sexual Offences Act 1956 (permitting premises to be used for prostitution), at the end insert “
(whether any prostitute involved is male or female)
”
.
Street Offences Act 1959 (c. 57)
2
In section 1(1) of the Street Offences Act 1959 (loitering or soliciting for purposes of prostitution), after “prostitute” insert “
(whether male or female)
”
.
3
F243. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sexual Offences Act 1985 (c. 44)
4
F244. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 2Sexual offences to which section 72 applies
England and Wales
1
In relation to England and Wales, the following are sexual offences to which section 72 applies—
F245a
an offence under any of sections 5 to 19, 25 and 26 and 47 to 50;
b
an offence under any of sections 1 to 4, 30 to 41 and 61 where the victim of the offence was under 18 at the time of the offence;
c
an offence under section 62 or 63 where the intended offence was an offence against a person under F24618;
d
an offence under—
i
section 1 of the Protection of Children Act 1978 (c. 37) (indecent photographs of children), or
ii
section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of child).
F247. . .
Northern Ireland
2
F248. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General
3
A reference in paragraph 1 F249. . . to an offence includes—
C9a
a reference to an attempt, conspiracy or incitement to commit that offence; and
b
a reference to aiding and abetting, counselling or procuring the commission of that offence.
SCHEDULE 3Sexual offences for purposes of Part 2
England and Wales
1
An offence under section 1 of the Sexual Offences Act 1956 (c. 69) (rape).
2
An offence under section 5 of that Act (intercourse with girl under 13).
3
An offence under section 6 of that Act (intercourse with girl under 16), if the offender was 20 or over.
4
An offence under section 10 of that Act (incest by a man), if the victim or (as the case may be) other party was under 18.
5
An offence under section 12 of that Act (buggery) if—
a
the offender was 20 or over, and
b
the victim or (as the case may be) other party was under 18.
6
An offence under section 13 of that Act (indecency between men) if—
a
the offender was 20 or over, and
b
the victim or (as the case may be) other party was under 18.
7
An offence under section 14 of that Act (indecent assault on a woman) if—
a
the victim or (as the case may be) other party was under 18, or
b
the offender, in respect of the offence or finding, is or has been—
i
sentenced to imprisonment for a term of at least 30 months; or
ii
admitted to a hospital subject to a restriction order.
8
An offence under section 15 of that Act (indecent assault on a man) if—
a
the victim or (as the case may be) other party was under 18, or
b
the offender, in respect of the offence or finding, is or has been—
i
sentenced to imprisonment for a term of at least 30 months; or
ii
admitted to a hospital subject to a restriction order.
9
An offence under section 16 of that Act (assault with intent to commit buggery), if the victim or (as the case may be) other party was under 18.
10
An offence under section 28 of that Act (causing or encouraging the prostitution of, intercourse with or indecent assault on girl under 16).
11
An offence under section 1 of the Indecency with Children Act 1960 (c. 33) (indecent conduct towards young child).
12
An offence under section 54 of the Criminal Law Act 1977 (c. 45) (inciting girl under 16 to have incestuous sexual intercourse).
13
An offence under section 1 of the Protection of Children Act 1978 (c. 37) (indecent photographs of children), if the indecent photographs or pseudo-photographs showed persons under 16 and—
a
the conviction, finding or caution was before the commencement of this Part, or
b
the offender—
i
was 18 or over, or
ii
is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
14
An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles), if the prohibited goods included indecent photographs of persons under 16 and—
a
the conviction, finding or caution was before the commencement of this Part, or
b
the offender—
i
was 18 or over, or
ii
is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
15
An offence under section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of a child), if the indecent photographs or pseudo-photographs showed persons under 16 and—
a
the conviction, finding or caution was before the commencement of this Part, or
b
the offender—
i
was 18 or over, or
ii
is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
16
An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust), if the offender was 20 or over.
17
An offence under section 1 or 2 of this Act (rape, assault by penetration).
18
An offence under section 3 of this Act (sexual assault) if—
a
where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
b
in any other case—
i
the victim was under 18, or
ii
the offender, in respect of the offence or finding, is or has been—
a
sentenced to a term of imprisonment,
b
detained in a hospital, or
c
made the subject of a community sentence of at least 12 months.
19
An offence under any of sections 4 to 6 of this Act (causing sexual activity without consent, rape of a child under 13, assault of a child under 13 by penetration).
20
An offence under section 7 of this Act (sexual assault of a child under 13) if the offender—
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
21
An offence under any of sections 8 to 12 of this Act (causing or inciting a child under 13 to engage in sexual activity, child sex offences committed by adults).
22
An offence under section 13 of this Act (child sex offences committed by children or young persons), if the offender is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months.
23
An offence under section 14 of this Act (arranging or facilitating the commission of a child sex offence) if the offender—
a
was 18 or over, or
b
is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months.
24
An offence under section 15 of this Act (meeting a child following sexual grooming etc).
25
An offence under any of sections 16 to 19 of this Act (abuse of a position of trust) if the offender, in respect of the offence, is or has been—
a
sentenced to a term of imprisonment,
b
detained in a hospital, or
c
made the subject of a community sentence of at least 12 months.
26
An offence under section 25 or 26 of this Act (familial child sex offences) if the offender—
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
27
An offence under any of sections 30 to 37 of this Act (offences against persons with a mental disorder impeding choice, inducements etc. to persons with mental disorder).
28
An offence under any of sections 38 to 41 of this Act (care workers for persons with mental disorder) if —
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case, the offender, in respect of the offence or finding, is or has been—
i
sentenced to a term of imprisonment,
ii
detained in a hospital, or
iii
made the subject of a community sentence of at least 12 months.
29
An offence under section 47 of this Act (paying for sexual services of a child) if the victim or (as the case may be) other party was under 16, and the offender—
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
F25029A
An offence under section 48 of this Act (causing or inciting child prostitution or pornography) if the offender –
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
29B
An offence under section 49 of this Act (controlling a child prostitute or a child involved in pornography) if the offender –
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
29C
An offence under section 50 of this Act (arranging or facilitating child prostitution or pornography) if the offender –
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
30
An offence under section 61 of this Act (administering a substance with intent).
31
An offence under section 62 or 63 of this Act (committing an offence or trespassing, with intent to commit a sexual offence) if—
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case—
i
the intended offence was an offence against a person under 18, or
ii
the offender, in respect of the offence or finding, is or has been—
a
sentenced to a term of imprisonment,
b
detained in a hospital, or
c
made the subject of a community sentence of at least 12 months.
32
An offence under section 64 or 65 of this Act (sex with an adult relative) if —
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case, the offender, in respect of the offence or finding, is or has been—
i
sentenced to a term of imprisonment, or
ii
detained in a hospital.
33
An offence under section 66 of this Act (exposure) if—
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case—
i
the victim was under 18, or
ii
the offender, in respect of the offence or finding, is or has been—
a
sentenced to a term of imprisonment,
b
detained in a hospital, or
c
made the subject of a community sentence of at least 12 months.
34
An offence under section 67 of this Act (voyeurism) if—
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case—
i
the victim was under 18, or
ii
the offender, in respect of the offence or finding, is or has been—
a
sentenced to a term of imprisonment,
b
detained in a hospital, or
c
made the subject of a community sentence of at least 12 months.
35
An offence under section 69 or 70 of this Act (intercourse with an animal, sexual penetration of a corpse) if —
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case, the offender, in respect of the offence or finding, is or has been—
i
sentenced to a term of imprisonment, or
ii
detained in a hospital.
F25135A
An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—
a
was 18 or over, and
b
is sentenced in respect of the offence to imprisonment for a term of at least 2 years.
F25235B
An offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited images of children) if the offender—
a
was 18 or over, and
b
is sentenced in respect of the offence to imprisonment for a term of at least 2 years.
F51235C
An offence under section 69 of the Serious Crime Act 2015 (possession of paedophile manual) if the offender—
a
was 18 or over, or
b
is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
Scotland
36
Rape F253at common law.
37
Clandestine injury to women.
38
Abduction of woman or girl with intent to rape.
F25938A
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.
39
Assault with intent to rape or ravish.
F26039A
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.
40
Indecent assault.
41
Lewd, indecent or libidinous behaviour or practices.
F26141A
Public indecency if—
a
a person (other than the offender) involved in the offence was under 18, and
b
the court determines that there was a significant sexual aspect to the offender's behaviour in committing the offence.
42
F254Shameless indecency, if a person (other than the offender) involved in the offence was under 18.
43
Sodomy, unless every person involved in the offence was 16 or over and was a willing participant.
E1244
An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles), if the prohibited goods included indecent photographs of persons under 16.
E1144
An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles), if
F255a
the prohibited goods included indecent photographs or pseudo-photographs of persons under 16 and the offender—
i
was 18 or over, or
ii
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or
b
in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph.
C12F26244A
An offence under section 51A of the Civic Government (Scotland) Act 1982 (c.45) (possession of extreme pornography) if—
a
the offender—
i
was 18 or over, and
ii
is or has been sentenced in respect of the offence to imprisonment for a term of more than 12 months, and
b
in imposing sentence, the court determines that it is appropriate that Part 2 of this Act should apply in relation to the offender.
45
An offence under section 52 of the Civic Government (Scotland) Act 1982 (c. 45) (taking and distribution of indecent images of children) F256 if—
a
the child was under 16 and the offender—
i
was 18 or over, or
ii
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or
b
in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph
.
46
An offence under section 52A of that Act (possession of indecent images of children) F257 if—
a
the child was under 16 and the offender—
i
was 18 or over, or
ii
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or
b
in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph
.
47
An offence under section 106 of the Mental Health (Scotland) Act 1984 (c. 36) (protection of mentally handicapped females).
48
An offence under section 107 of that Act (protection of patients).
49
An offence under section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (incest), if a person (other than the offender) involved in the offence was under 18.
50
An offence under section 2 of that Act (intercourse with a stepchild), if a person (other than the offender) involved in the offence was under 18.
51
An offence under section 3 of that Act (intercourse with child under 16 by person in position of trust).
52
An offence under section 5 of that Act (unlawful intercourse with girl under 16), save in the case of an offence in contravention of subsection (3) of that section where the offender was under 20.
53
An offence under section 6 of that Act (indecent behaviour towards girl between 12 and 16).
54
An offence under section 8 of that Act (abduction of girl under 18 for purposes of unlawful intercourse).
55
An offence under section 10 of that Act (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16).
56
An offence under section 13(5) of that Act (homosexual offences) unless every person involved (whether in the offence or in the homosexual act) was 16 or over and was a willing participant.
57
An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust), where the offender was 20 or over.
58
An offence under section 311(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (non-consensual sexual acts).
59
An offence under section 313(1) of that Act (persons providing care services: sexual offences).
F26359A
An offence under section 1 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)(meeting a child following certain preliminary contact) if—
a
the offender—
i
was 18 or over, or
ii
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or
b
in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph.
59B
An offence under section 9 of that Act (paying for sexual services of a child), if—
a
the victim or (as the case may be) other party was under 16 and the offender—
i
was 18 or over, or
ii
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or
b
in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph.
59C
An offence under any of sections 10 to 12 of that Act, if—
a
the provider of sexual services or (as the case may be) person involved in pornography was under 16 and the offender—
i
was 18 or over, or
ii
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or
b
in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph.
F26459D
An offence under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9) (rape).
59E
An offence under section 2 of that Act (sexual assault by penetration).
59F
An offence under section 3 of that Act (sexual assault).
59G
An offence under section 4 of that Act (sexual coercion).
59H
An offence under section 5 of that Act (coercing a person into being present during a sexual activity).
59I
An offence under section 6 of that Act (coercing a person into looking at a sexual image).
59J
An offence under section 7(1) of that Act (communicating indecently).
59K
An offence under section 7(2) of that Act (causing a person to see or hear an indecent communication).
59L
An offence under section 8 of that Act (sexual exposure) if—
a
the offender, in respect of the offence, is or has been—
i
sentenced to a term of imprisonment, or
ii
admitted to a hospital, or
b
the offender was 18 or over and the victim was under 18.
59M
An offence under section 9 of that Act (voyeurism).
59N
An offence under section 11 of that Act (administering a substance for sexual purposes).
59O
An offence under section 18 of that Act (rape of a young child).
59P
An offence under section 19 of that Act (sexual assault on a young child by penetration).
59Q
An offence under section 20 of that Act (sexual assault on a young child).
59R
An offence under section 21 of that Act (causing a young child to participate in a sexual activity).
59S
An offence under section 22 of that Act (causing a young child to be present during a sexual activity).
59T
An offence under section 23 of that Act (causing a young child to look at a sexual image).
59U
An offence under section 24(1) of that Act (communicating indecently with a young child).
59V
An offence under section 24(2) of that Act (causing a young child to see or hear an indecent communication).
59W
An offence under section 25 of that Act (sexual exposure to a young child).
59X
An offence under section 26 of that Act (voyeurism towards a young child).
59Y
An offence under section 28 of that Act (having intercourse with an older child) if the offender—
a
was 18 or over, or
b
in respect of the offence, is or has been—
i
sentenced to a term of imprisonment, or
ii
admitted to a hospital.
59Z
An offence under section 29 of that Act (engaging in penetrative sexual activity with or towards an older child) if the offender—
a
was 18 or over, or
b
in respect of the offence, is or has been—
i
sentenced to a term of imprisonment, or
ii
admitted to a hospital.
59ZA
An offence under section 30 of that Act (engaging in sexual activity with or towards an older child) if the offender—
a
was 18 or over, or
b
in respect of the offence, is or has been—
i
sentenced to a term of imprisonment, or
ii
admitted to a hospital.
59ZB
An offence under section 31 of that Act (causing an older child to participate in a sexual activity) if the offender—
a
was 18 or over, or
b
in respect of the offence, is or has been—
i
sentenced to a term of imprisonment, or
ii
admitted to a hospital.
59ZC
An offence under section 32 of that Act (causing an older child to be present during a sexual activity) if the offender—
a
was 18 or over, or
b
in respect of the offence, is or has been—
i
sentenced to a term of imprisonment, or
ii
admitted to a hospital.
59ZD
An offence under section 33 of that Act (causing an older child to look at a sexual image) if the offender—
a
was 18 or over, or
b
in respect of the offence, is or has been—
i
sentenced to a term of imprisonment, or
ii
admitted to a hospital.
59ZE
An offence under section 34(1) of that Act (communicating indecently with an older child) if the offender—
a
was 18 or over, or
b
in respect of the offence, is or has been—
i
sentenced to a term of imprisonment, or
ii
admitted to a hospital.
59ZF
An offence under section 34(2) of that Act (causing an older child to see or hear an indecent communication) if the offender—
a
was 18 or over, or
b
in respect of the offence, is or has been—
i
sentenced to a term of imprisonment, or
ii
admitted to a hospital.
59ZG
An offence under section 35 of that Act (sexual exposure to an older child) if the offender—
a
was 18 or over, or
b
in respect of the offence, is or has been—
i
sentenced to a term of imprisonment, or
ii
admitted to a hospital.
59ZH
An offence under section 36 of that Act (voyeurism towards an older child) if the offender—
a
was 18 or over, or
b
in respect of the offence, is or has been—
i
sentenced to a term of imprisonment, or
ii
admitted to a hospital.
59ZI
An offence under section 37(1) of that Act (engaging while an older child in sexual conduct with or towards another older child) if, in respect of the offence, the offender is or has been—
a
sentenced to a term of imprisonment, or
b
admitted to a hospital.
59ZJ
An offence under section 37(4) of that Act (engaging while an older child in consensual sexual conduct with another older child) if, in respect of the offence, the offender is or has been—
a
sentenced to a term of imprisonment, or
b
admitted to a hospital.
59ZK
An offence under section 42 of that Act (sexual abuse of trust) where (either or both)—
a
the offender is 20 or over,
b
the condition set out in section 43(6) of that Act is fulfilled.
59ZL
An offence under section 46 of that Act (sexual abuse of trust of a mentally disordered person).
60
An offence in Scotland other than is mentioned in paragraphs 36 to F25859ZL if the court, in imposing sentence or otherwise disposing of the case, determines for the purposes of this paragraph that there was a significant sexual aspect to the offender’s behaviour in committing the offence.
Northern Ireland
61
Rape.
62
An offence under section 52 of the Offences against the Person Act 1861 (c. 100) (indecent assault upon a female) if—
a
where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
b
in any other case—
i
the victim was under 18, or
ii
the offender, in respect of the offence or finding, is or has been—
a
sentenced to a term of imprisonment,
b
detained in a hospital, or
c
made the subject of a community sentence of at least 12 months.
63
An offence under section 53 or 54 of that Act (abduction of woman by force for unlawful sexual intercourse) if the offender—
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
64
An offence under section 61 of that Act (buggery) if—
a
the offender was 20 or over, and
b
the victim or (as the case may be) other party was under 18.
65
An offence under section 62 of that Act of assault with intent to commit buggery if the victim or (as the case may be) other party was under 18, and the offender —
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
66
An offence under section 62 of that Act of indecent assault upon a male person if—
a
where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
b
in any other case—
i
the victim was under 18, or
ii
the offender, in respect of the offence or finding, is or has been—
a
sentenced to a term of imprisonment,
b
detained in a hospital, or
c
made the subject of a community sentence of at least 12 months.
67
An offence under section 2 of the Criminal Law Amendment Act 1885 (c. 69) (procuration) if the offender—
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
68
An offence under section 3 of that Act (procuring defilement of woman by threats or fraud, etc.) if the offender—
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
69
An offence under section 4 of that Act of unlawful carnal knowledge of a girl under 14 if the offender—
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
70
An offence under section 5 of that Act of unlawful carnal knowledge of a girl under 17, if the offender was 20 or over.
71
An offence under section 7 of that Act (abduction of girl under 18) if the offender—
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
72
An offence under section 11 of that Act (homosexual offences) if—
a
the offender was 20 or over, and
b
the victim or (as the case may be) other party was under 18.
73
An offence under section 1 of the Punishment of Incest Act 1908 (c. 45) (incest by males), if —
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case—
i
the victim or (as the case may be) other party was under 18, or
ii
the offender, in respect of the offence or finding, is or has been—
a
sentenced to a term of imprisonment, or
b
detained in a hospital.
74
An offence under section 2 of that Act (incest by females), if—
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case—
i
the victim or (as the case may be) other party was under 18, or
ii
the offender, in respect of the offence or finding, is or has been—
a
sentenced to a term of imprisonment, or
b
detained in a hospital.
75
An offence under section 21 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34) (causing or encouraging seduction or prostitution of a girl under 17) if the offender—
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
76
An offence under section 22 of that Act (indecent conduct towards a child) if the offender—
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
77
An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children) if the offender—
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
78
An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles), if the prohibited goods included indecent photographs of persons under 16, and the offender—
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
79
An offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)) (inciting girl under 16 to have incestuous sexual intercourse) if the offender—
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
80
An offence under Article 122 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (offences against women suffering from severe mental handicap).
81
An offence under Article 123 of that Order (offences against patients) if—
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case, the offender, in respect of the offence or finding, is or has been—
i
sentenced to a term of imprisonment,
ii
detained in a hospital, or
iii
made the subject of a community sentence of at least 12 months.
82
An offence under Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17) (possession of indecent photographs of children) if the offender—
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
83
An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust), if the offender, in respect of the offence or finding, is or has been—
a
sentenced to a term of imprisonment,
b
detained in a hospital, or
c
made the subject of a community sentence of at least 12 months.
84
An offence under Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (buggery) if—
a
the offender was 20 or over, and
b
the victim or (as the case may be) other party was under 17.
85
An offence under Article 20 of that Order (assault with intent to commit buggery) if the victim was under 18 and the offender—
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
86
An offence under Article 21 of that Order (indecent assault upon a male) if—
a
where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
b
in any other case—
i
the victim was under 18, or
ii
the offender, in respect of the offence or finding, is or has been—
a
sentenced to a term of imprisonment,
b
detained in a hospital, or
c
made the subject of a community sentence of at least 12 months.
87
An offence under section 15 of this Act (meeting a child following sexual grooming etc.).
88
An offence under any of sections 16 to 19 of this Act (abuse of trust) if the offender, in respect of the offence or finding, is or has been—
a
sentenced to a term of imprisonment,
b
detained in a hospital, or
c
made the subject of a community sentence of at least 12 months.
89
An offence under section 47 of this Act (paying for sexual services of a child) if the victim or (as the case may be) other party was under 17 and the offender—
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to a term of imprisonment of at least 12 months.
F28789A
An offence under section 48 of this Act (causing or inciting child prostitution or pornography) if the offender –
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
89B
An offence under section 49 of this Act (controlling a child prostitute or a child involved in pornography) if the offender –
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
89C
An offence under section 50 of this Act (arranging or facilitating child prostitution or pornography) if the offender –
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
90
An offence under section 66 of this Act (exposure) if—
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case—
i
the victim was under 18, or
ii
the offender, in respect of the offence or finding, is or has been—
a
sentenced to a term of imprisonment,
b
detained in a hospital, or
c
made the subject of a community sentence of at least 12 months.
91
An offence under section 67 of this Act (voyeurism) if—
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case—
i
the victim was under 18, or
ii
the offender, in respect of the offence or finding, is or has been—
a
sentenced to a term of imprisonment,
b
detained in a hospital, or
c
made the subject of a community sentence of at least 12 months.
92
An offence under section 69 or 70 of this Act (intercourse with an animal, sexual penetration of a corpse) if —
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case, the offender, in respect of the offence or finding, is or has been—
i
sentenced to a term of imprisonment, or
ii
detained in a hospital.
F29092A
An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—
a
was 18 or over, and
b
is sentenced in respect of the offence to imprisonment for a term of at least 2 years.
F288F26592B
An offence under Article 5 or 6 of the Sexual Offences (Northern Ireland) Order 2008 (rape, assault by penetration).
F26692C
An offence under Article 7 of that Order (sexual assault) if—
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case—
i
the victim was under 18, or
ii
the offender, in respect of the offence or finding, is or has been—
aa
sentenced to a term of imprisonment,
bb
detained in a hospital, or
cc
made the subject of a community sentence of at least 12 months.
F26792D
An offence under Article 8, 12 or 13 of that Order (causing sexual activity without consent, rape of a child under 13, assault of a child under 13 by penetration).
F26892E
An offence under Article 14 of that Order (sexual assault of a child under 13) if the offender—
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
F26992F
An offence under any of Articles 15 to 19 of that Order (causing or inciting a child under 13 to engage in sexual activity, sexual offences against children committed by adults).
F27092G
An offence under Article 20 of that Order (sexual offences against children committed by children or young persons), if the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
F27192H
An offence under Article 21 of that Order (arranging or facilitating the commission of a sexual offence against a child) if the offender—
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
F56692HA
An offence under Article 22A of that Order (sexual communication with a child)
F27292I
An offence under Article 22 of that Order (meeting a child following sexual grooming etc).
F27392J
An offence under any of Articles 23 to 26 of that Order (abuse of a position of trust) if the offender, in respect of the offence, is or has been—
a
sentenced to a term of imprisonment,
b
detained in a hospital, or
c
made the subject of a community sentence of at least 12 months.
F27492K
An offence under Article 32 or 33 of that Order (familial sexual offences against children) if the offender—
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
F27592L
An offence under Article 37 (paying for sexual services of a child) if the victim or (as the case may be) other party was under 16, and the offender—
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
F27692M
An offence under Article 38 (causing or inciting child prostitution or pornography) if the offender—
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
F27792N
An offence under Article 39 (controlling a child prostitute or a child involved in pornography) if the offender—
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
F27892O
An offence under Article 40 (arranging or facilitating child prostitution or pornography) if the offender—
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
F27992P
An offence under any of Articles 43 to 50 of that Order (offences against persons with a mental disorder impeding choice, inducements etc. to persons with mental disorder).
F28092Q
An offence under any of Articles 51 to 54 of that Order (care workers for persons with mental disorder) if—
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case, the offender, in respect of the offence or finding, is or has been—
i
sentenced to a term of imprisonment,
ii
detained in a hospital, or
iii
made the subject of a community sentence of at least 12 months.
F28192R
An offence under Article 65 of that Order (administering a substance with intent).
F28292S
An offence under Article 66 or 67 of that Order (committing an offence or trespassing, with intent to commit a sexual offence) if—
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case—
i
the intended offence was an offence against a person under 18, or
ii
the offender, in respect of the offence or finding, is or has been—
aa
sentenced to a term of imprisonment,
bb
detained in a hospital, or
cc
made the subject of a community sentence of at least 12 months.
F28392T
An offence under Article 68 or 69 of that Order (sex with an adult relative) if—
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case, the offender, in respect of the offence or finding, is or has been—
i
sentenced to a term of imprisonment, or
ii
detained in a hospital.
F28492U
An offence under Article 70 of that Order (exposure) if—
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case—
i
the victim was under 18, or
ii
the offender, in respect of the offence or finding, is or has been—
aa
sentenced to a term of imprisonment,
bb
detained in a hospital, or
cc
made the subject of a community sentence of at least 12 months.
F28592V
An offence under Article 71 of that Order (voyeurism) if—
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case—
i
the victim was under 18, or
ii
the offender, in respect of the offence or finding, is or has been—
aa
sentenced to a term of imprisonment,
bb
detained in a hospital, or
cc
made the subject of a community sentence of at least 12 months.
F28692W
An offence under Article 73 or 74 of that Order (intercourse with an animal, penetration of a corpse) if—
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case, the offender, in respect of the offence or finding, is or has been—
i
sentenced to a term of imprisonment, or
ii
detained in a hospital.
F28992X
An offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited images of children) if the offender—
a
was 18 or over, and
b
is sentenced in respect of the offence to imprisonment for a term of at least 2 years.
F51392Y
An offence under section 69 of the Serious Crime Act 2015 (possession of paedophile manual) if the offender—
a
was 18 or over, or
b
is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
Service offences
93
1
An offence under—
a
section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),
b
section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), or
c
section 42 of the Naval Discipline Act 1957 (c. 53),
of which the corresponding civil offence (within the meaning of that Act) is an offence listed in any of paragraphs 1 to F29135B.
2
A reference in any of those paragraphs to being made the subject of a community sentence of at least 12 months is to be read, in relation to an offence under an enactment referred to in sub-paragraph (1), as a reference to being sentenced to a term of F292. . . detention of at least 112 days.
F2933
In sub-paragraph (2), the reference to detention is to detention awarded under section 71(1)(e) of the Army Act 1955 or Air Force Act 1955 or section 43(1)(e) of the Naval Discipline Act 1957.
C10F29693A
1
An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence listed in any of paragraphs 1 to F29435B.
2
A reference in any of those paragraphs to being made the subject of a community sentence of at least 12 months is to be read, in relation to an offence under that section, as a reference to—
a
being made the subject of a service community order or overseas community order under the Armed Forces Act 2006 of at least 12 months; or
b
being sentenced to a term of service detention of at least 112 days.
3
Section 48 of that Act (attempts, conspiracy, F295encouragement and assistance and aiding and abetting outside England and Wales) applies for the purposes of this paragraph as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to this paragraph.
General
94
A reference in a preceding paragraph to an offence includes—
a
a reference to an attempt, conspiracy or incitement to commit that offence, and
b
except in paragraphs 36 to 43, a reference to aiding, abetting, counselling or procuring the commission of that offence.
F29894A
A reference in a preceding paragraph to an offence (“offence A”) includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed.
95
A reference in a preceding paragraph to a person’s age is—
a
in the case of an indecent photograph, a reference to the person’s age when the photograph was taken;
b
in any other case, a reference to his age at the time of the offence.
96
In this Schedule “community sentence” has—
a
in relation to England and Wales, the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), and
b
in relation to Northern Ireland, the same meaning as in the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).
97
For the purposes of paragraphs 14, 44 and 78—
a
a person is to be taken to have been under 16 at any time if it appears from the evidence as a whole that he was under that age at that time;
b
section 7 of the Protection of Children Act 1978 (c. 37) (interpretation), subsections (2) to (2C) F297and (8) to (10) of section 52 of the Civic Government (Scotland) Act 1982 (c. 45), and Article 2(2) and (3) of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (interpretation) (respectively) apply as each provision applies for the purposes of the Act or Order of which it forms part.
98
A determination under paragraph 60 constitutes part of a person’s sentence, within the meaning of the Criminal Procedure (Scotland) Act 1995 (c. 46), for the purposes of any appeal or review.
F404SCHEDULE 3AReview of indefinite notification requirements
Sch. 3A inserted (N.I.) (1.3.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 1(3), 15(2)(a), Sch. 1; S.R. 2014/53, art. 2
Introductory
1
1
This Schedule applies to a person who, on or after the date on which section 1 of the Criminal Justice Act (Northern Ireland) 2013 comes into operation, is subject to the notification requirements for an indefinite period.
2
A person to whom this Schedule applies is referred to in this Schedule as “an offender”.
3
In this Schedule—
“risk of sexual harm” means a risk of physical or psychological harm to the public or any particular members of the public caused by an offender doing anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom;
“the notification requirements” means the notification requirements of Part 2 of this Act;
“relevant event”, in relation to an offender, is a conviction, finding or notification order which made the offender subject to the notification requirements for an indefinite period.
Initial review: applications
2
1
Except as provided by sub-paragraph (2), an offender may, at any time after the end of the initial review period, apply to the Chief Constable to discharge the offender from the notification requirements.
2
Sub-paragraph (1) does not apply at any time when—
a
the offender is also subject to a sexual offences prevention order or an interim sexual offences prevention order; or
b
the offender is also subject to the notification requirements for a fixed period which has not expired.
3
Subject to sub-paragraph (4), the initial review period is—
a
in the case of an offender under the age of 18 at the date of the relevant event, 8 years beginning with the date of initial notification;
b
in the case of any other offender, 15 years beginning with the date of initial notification.
4
In calculating the initial review period—
a
in a case where an offender is subject to the notification requirements for an indefinite period as a result of two or more relevant events, the calculation is to be made by reference to the later or latest of those events;
b
in any case, there is to be disregarded any period during which the offender is, in connection with a relevant event—
i
remanded in, or committed to, custody by an order of a court;
ii
in custody serving a sentence of imprisonment or detention; or
iii
detained in a hospital.
5
The date of initial notification is—
a
in the case of an offender who is subject to the notification requirements for an indefinite period by virtue of section 81, the date by which the offender was required to give notification under section 2(1) of the Sex Offenders Act 1997;
b
in the case of any other offender, the date by which the offender is required to give notification under section 83(1) (or would be so required but for the fact that the offender falls within an exception in section 83(2) or (4)).
6
An application under this paragraph must be in writing and must include—
a
the name, address and date of birth of the offender;
b
the name and address of the offender at the date of each relevant event (if different);
c
the date of each relevant event, and (where a relevant event is a conviction or finding) the court by or before which the conviction or finding occurred;
d
any information which the offender wishes to be taken into account by the Chief Constable in determining the application.
7
The Chief Constable must, within 14 days of the receipt of an application under this paragraph, give an acknowledgement of the receipt of the application to the offender.
8
The Chief Constable may, before determining any application, request information from any body or person which the Chief Constable considers appropriate.
Initial review: determination of application
3
1
On an application under paragraph 2 the Chief Constable shall discharge the notification requirements unless the Chief Constable is satisfied—
a
that the offender poses a risk of sexual harm; and
b
that the risk is such as to justify the notification requirements continuing in the interests of the prevention or investigation of crime or the protection of the public.
2
In deciding whether that is the case, the Chief Constable must take into account—
a
the seriousness of the offence or offences—
i
of which the offender was convicted,
ii
of which the offender was found not guilty by reason of insanity,
iii
in respect of which the offender was found to be under a disability and to have done the act charged, or
iv
in respect of which (being relevant offences within the meaning of section 99) the notification order was made,
and which made the offender subject to the notification requirements for an indefinite period;
b
the period of time which has elapsed since the offender committed the offence or offences;
c
whether the offender has committed any offence under section 3 of the Sex Offenders Act 1997 or under section 91 of this Act;
d
the age of the offender at the time of the decision;
e
the age of the offender at the time any offence referred to in sub-paragraph (a) was committed;
f
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 offender at the time any such offence was committed;
g
any convictions or findings made by a court (including a court in England and Wales or Scotland or a country outside the United Kingdom) in respect of the offender for any other offence listed in Schedule 3;
h
any caution which the offender has received for an offence (including an offence in England and Wales or Scotland or a country outside the United Kingdom) which is listed in Schedule 3;
i
any convictions or findings made by a court (including a court in England and Wales, Scotland or a country outside the United Kingdom) in respect of the offender for any offence listed in Schedule 5 where the behaviour of the offender since the date of the conviction or finding indicates a risk of sexual harm;
j
whether any criminal proceedings for any offences listed in Schedule 3 have been instituted against the offender but have not concluded;
k
any assessment of the risk of sexual harm posed by the offender which has been made by any of the agencies mentioned in Article 49(1) of the Criminal Justice (Northern Ireland) Order 2008 (risk assessment and management);
l
any information presented by or on behalf of the offender;
m
any other information relating to the risk of sexual harm posed by the offender; and
n
any other matter which the Chief Constable considers to be appropriate.
3
In sub-paragraph (2) a reference to a conviction, finding or caution for an offence listed in Schedule 3 or 5 committed in a country outside the United Kingdom is a reference to a conviction, finding or caution in respect of an act which—
a
constituted an offence under the law in force in the country concerned; and
b
would have constituted an offence listed in Schedule 3 or (as the case may be) Schedule 5 if it had been done in any part of the United Kingdom.
4
The functions of the Chief Constable under this paragraph may not be delegated by the Chief Constable except to a police officer not below the rank of superintendent.
Initial review: notice of decision
4
1
The Chief Constable must, within 12 weeks of the date on which an application under paragraph 2 is received, comply with this paragraph.
2
If the Chief Constable discharges the notification requirements—
a
the Chief Constable must serve notice of that fact on the offender, and
b
the offender ceases to be subject to the notification requirements on the date of service of the notice.
3
If the Chief Constable decides not to discharge the notification requirements—
a
the Chief Constable must serve notice of that decision on the offender; and
b
the notice must—
i
state the reasons for the decision; and
ii
state the effect of paragraphs 5 and 6.
Initial review: application to Crown Court
5
1
Where—
a
the Chief Constable fails to comply with paragraph 4 within the period specified in paragraph 4(1), or
b
the Chief Constable serves a notice under paragraph 4(3),
the offender may apply to the Crown Court for an order discharging the offender from the notification requirements.
2
An application under this paragraph must be made within the period of 21 days beginning—
a
in the case of an application under sub-paragraph (1)(a), on the expiry of the period mentioned in paragraph 4(1);
b
in the case of an application under sub-paragraph (1)(b), with the date of service of the notice under paragraph 4(3).
3
Paragraph 3 applies in relation to an application under this paragraph as it applies to an application under paragraph 2, but as if references to the Chief Constable were references to the Crown Court.
4
The Chief Constable and the offender may appear or be represented at any hearing in respect of an application under this paragraph.
5
If on an application under this paragraph the Crown Court makes an order discharging the offender from the notification requirements, the appropriate officer of the Crown Court must send a copy of the order to the offender and the Chief Constable.
6
If on an application under this paragraph the Crown Court refuses to make an order discharging the offender, the appropriate officer of the Crown Court must send notice of that refusal to the offender and the Chief Constable.
Further reviews
6
1
Except as provided by sub-paragraph (2), where a notice is served on an offender under paragraph 4(3) or 5(6), the offender may, at any time after the end of the further review period, apply to the Chief Constable to discharge the offender from the notification requirements.
2
Sub-paragraph (1) does not apply at any time when—
a
the offender is also subject to a sexual offences prevention order or an interim sexual offences prevention order; or
b
the offender is also subject to the notification requirements for a fixed period which has not expired.
3
The further review period is—
a
in the case of an offender under the age of 18 at the date of the relevant event, the period of 4 years beginning with the date of service of the notice (or the last notice) served on the offender under paragraph 4(3) or 5(6);
b
in the case of any other offender, the period of 8 years beginning with that date.
4
Paragraphs 2(6) to (8), 3, 4 and 5 apply with appropriate modifications in relation to an application under this paragraph as they apply in relation to an application under paragraph 2; and a reference in this Schedule to a provision of paragraph 4 or 5 includes a reference to that provision as applied by this sub-paragraph.
Guidance
7
1
The Department of Justice must issue guidance as to—
a
the making of applications under paragraph 2 or 6; and
b
the determination by the Chief Constable of such applications.
2
The Department of Justice may, from time to time, revise the guidance issued under sub-paragraph (1).
3
The Department of Justice must arrange for any guidance issued or revised under this paragraph to be published in such manner as it considers appropriate.
Discharge in Great Britain
8
1
An offender who is, under corresponding legislation, discharged from the notification requirements by a court, person or body in England and Wales or Scotland is, by virtue of the discharge, also discharged from the notification requirements as they apply in Northern Ireland.
2
In sub-paragraph (1) “corresponding legislation” means legislation which makes provision corresponding to that made by this Schedule for an offender who is subject to the notification requirements (as they apply in England and Wales or, as the case may be, Scotland) for an indefinite period to be discharged from those notification requirements.
SCHEDULE 4F396Procedure for ending notification requirements for abolished homosexual offencesF396Procedure for ending notification requirements for acts which are no longer offences
Sch. 4 heading substituted (N.I.) (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 3(3), 15(1)
Scope of Schedule
1
F395This Schedule applies where a relevant offender is subject to the notification requirements of this Part as a result of a conviction, finding or caution in respect of an offence under—
a
section 12 or 13 of the Sexual Offences Act 1956 (c. 69) (buggery or indecency between men), or
b
section 61 of the Offences against the Person Act 1861 (c. 100) or section 11 of the Criminal Law Amendment Act 1885 (c. 69) (corresponding Northern Ireland offences).
F395This Schedule applies where a relevant offender is subject to the notification requirements of this Part as a result of a conviction, finding or caution in respect of an offence under—
a
section 61 of the Offences against the Person Act 1861 or Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (buggery);
b
section 5 of the Criminal Law Amendment Act 1885 (carnal knowledge of girl under 17); or
c
section 11 of that Act (gross indecency between men).
Application for decision
2
1
F398The relevant offender may apply to the Secretary of State for a decision as to whether it appears that, at the time of the offence, the other party to the act of buggery or gross indecency—
a
where paragraph 1(a) applies, was aged 16 or over,
b
where paragraph 1(b) applies, was aged 17 or over,
and consented to the act.
F398The relevant offender may apply to the Department of Justice for a decision as to whether it appears that, at the time of the offence, the other party to the act of buggery, carnal knowledge or gross indecency consented to the act and—
a
that other party was aged 16 or over, or
b
where an offender is subject to the notification requirements of this Part as a result of a conviction, the offender was convicted or sentenced on the basis that the offender honestly believed that other party was aged 16 or over.
2
An application must be in writing and state—
a
the name, address and date of birth of the relevant offender,
b
his name and address at the time of the conviction, finding or caution,
c
so far as known to him, the time when and the place where the conviction or finding was made or the caution given and, for a conviction or finding, the case number,
d
such other information as the Secretary of State may require.
3
An application may include representations by the relevant offender about the matters mentioned in sub-paragraph (1).
Decision by Secretary of State
3
1
In making the decision applied for, the Secretary of State must consider—
a
any representations included in the application, and
b
any available record of the investigation of the offence and of any proceedings relating to it that appears to him to be relevant,
but is not to seek evidence from any witness.
2
On making the decision the Secretary of State must—
a
record it in writing, and
b
give notice in writing to the relevant offender.
Effect of decision
4
1
If the Secretary of State decides that it appears as mentioned in paragraph 2(1), the relevant offender ceases, from the beginning of the day on which the decision is recorded under paragraph 3(2)(a), to be subject to the notification requirements of this Part as a result of the conviction, finding or caution in respect of the offence.
2
Sub-paragraph (1) does not affect the operation of this Part as a result of any other conviction, finding or caution or any court order.
Right of appeal
5
1
If the Secretary of State decides that it does not appear as mentioned in paragraph 2(1), and if the High Court gives permission, the relevant offender may appeal to that court.
2
On an appeal the court may not receive oral evidence.
3
The court—
a
if it decides that it appears as mentioned in paragraph 2(1), must make an order to that effect,
b
otherwise, must dismiss the appeal.
4
An order under sub-paragraph (3)(a) has the same effect as a decision of the Secretary of State recorded under paragraph 3(2)(a) has under paragraph 4.
5
There is no appeal from the decision of the High Court.
Interpretation
6
1
In this Schedule a reference to an offence includes—
a
a reference to an attempt, conspiracy or incitement to commit that offence, and
b
a reference to aiding, abetting, counselling or procuring the commission of that offence.
2
In the case of an attempt, conspiracy or incitement, references in paragraph 2 to the act of buggeryF399, carnal knowledge or gross indecency are references to the act of buggeryF399, carnal knowledge or gross indecency to which the attempt, conspiracy or incitement related (whether or not that act occurred).
F4003
Sub-paragraphs (1) and (2) apply, with appropriate modifications, to an offence under Part 2 of the Serious Crime Act 2007 as they apply to the offence of incitement.
Transitional provision
7
Until the coming into force of the repeal by this Act of Part 1 of the Sex Offenders Act 1997 (c. 51), this Schedule has effect as if references to this Part of this Act were references to Part 1 of that Act.
SCHEDULE 5Other offences for purposes of Part 2
England and Wales
1
Murder.
2
Manslaughter.
3
Kidnapping.
4
False imprisonment.
F3034A
Outraging public decency.
5
An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).
6
An offence under section 16 of that Act (threats to kill).
7
An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).
8
An offence under section 20 of that Act (malicious wounding).
9
An offence under section 21 of that Act (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence).
10
An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence).
11
An offence under section 23 of that Act (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm).
12
An offence under section 27 of that Act (abandoning children).
13
An offence under section 28 of that Act (causing bodily injury by explosives).
14
An offence under section 29 of that Act (using explosives etc. with intent to do grievous bodily harm).
15
An offence under section 30 of that Act (placing explosives with intent to do bodily injury).
16
An offence under section 31 of that Act (setting spring guns etc. with intent to do grievous bodily harm).
17
An offence under section 32 of that Act (endangering the safety of railway passengers).
18
An offence under section 35 of that Act (injuring persons by furious driving).
19
An offence under section 37 of that Act (assaulting officer preserving wreck).
20
An offence under section 38 of that Act (assault with intent to resist arrest).
21
An offence under section 47 of that Act (assault occasioning actual bodily harm).
22
An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property).
23
An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).
24
An offence under section 1 of the Infant Life (Preservation) Act 1929 (c. 34) (child destruction).
25
An offence under section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty to children).
26
An offence under section 1 of the Infanticide Act 1938 (c. 36) (infanticide).
27
An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life).
28
An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence).
29
An offence under section 17(1) of that Act (use of firearm to resist arrest).
30
An offence under section 17(2) of that Act (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act).
31
An offence under section 18 of that Act (carrying a firearm with criminal intent).
F30431A
An offence under section 1 of the Theft Act 1968 (c.60) (theft).
32
An offence under section 8 of F299that Act(robbery or assault with intent to rob).
F30033
An offence under section 9(1)(a) of that Act (burglary with intent to steal, inflict grievous bodily harm or do unlawful damage).
34
An offence under section 10 of that Act (aggravated burglary).
35
An offence under section 12A of that Act (aggravated vehicle-taking) involving an accident which caused the death of any person.
36
An offence of arson under section 1 of the Criminal Damage Act 1971 (c. 48).
37
An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.
38
An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).
39
An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).
40
An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).
41
An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).
42
An offence under section 4 of that Act (offences in relation to certain dangerous articles).
43
An offence under section 127 of the Mental Health Act 1983 (c. 20) (ill-treatment of patients).
F30543A
An offence under section 1 of the Child Abduction Act 1984 (c. 37) (offence of abduction of child by parent, etc).
43B
An offence under section 2 of that Act (offence of abduction of child by other persons).
44
An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).
45
An offence under section 1 of the Public Order Act 1986 (c. 64) (riot).
46
An offence under section 2 of that Act (violent disorder).
47
An offence under section 3 of that Act (affray).
48
An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).
49
An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving).
50
An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).
51
An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).
52
An offence under section 9 of that Act (hijacking of ships).
53
An offence under section 10 of that Act (seizing or exercising control of fixed platforms).
54
An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).
55
An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).
56
An offence under section 13 of that Act (offences involving threats).
F30656A
57
58
An offence under section 29 of the Crime and Disorder Act 1998 (c. 37) (racially or religiously aggravated assaults).
59
An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986 (c. 64)).
60
An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).
F30760ZA
An offence under section 53 or 54 of the Regulation of Investigatory Powers Act 2000 (contravention of notice relating to encrypted information or tipping off in connection with such a notice).
F30860A
An offence under section 85(3) or (4) of the Postal Services Act 2000 (c. 26) (prohibition on sending certain articles by post).
61
An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.
F30961A
An offence under section 127(1) of the Communications Act 2003 (c. 21) (improper use of public electronic communications network).
62
An offence under section 47 of this Act, where the victim or (as the case may be) other party was 16 or over.
F30263
F31063A
F53363B
An offence under section 2 of the Modern Slavery Act 2015 (human trafficking).
Scotland
64
Murder.
65
Culpable homicide.
66
Assault.
67
Assault and robbery.
68
Abduction.
69
Plagium.
70
Wrongful imprisonment.
71
Threatening personal violence.
72
Breach of the peace inferring personal violence.
73
Wilful fireraising.
74
Culpable and reckless fireraising.
75
Mobbing and rioting.
76
An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property).
77
An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosives with intent to endanger life or property).
78
An offence under section 12 of the Children and Young Persons (Scotland) Act 1937 (c. 37) (cruelty to persons under 16).
79
An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life).
80
An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence).
81
An offence under section 17(1) of that Act (use of firearm to resist arrest).
82
An offence under section 17(2) of that Act (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act).
83
An offence under section 18 of that Act (carrying a firearm with criminal intent).
84
An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).
85
An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).
86
An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).
87
An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).
88
An offence under section 4 of that Act (offences in relation to certain dangerous articles).
89
An offence under section 105 of the Mental Health (Scotland) Act 1984 (c. 36) (ill-treatment of patients).
90
An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).
91
An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).
92
An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving).
93
An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).
94
An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).
95
An offence under section 9 of that Act (hijacking of ships).
96
An offence under section 10 of that Act (seizing or exercising control of fixed platforms).
97
An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).
98
An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).
99
An offence under section 13 of that Act (offences involving threats).
100
An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).
101
An offence under section 7 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (procuring).
102
An offence under section 9 of that Act (permitting girl to use premises for intercourse).
103
An offence under section 11 of that Act (trading in prostitution and brothel-keeping).
104
An offence under section 12 of that Act (allowing child to be in brothel).
105
An offence under section 13(9) of that Act (living on earnings of male prostitution etc.).
106
An offence under section 50A of that Act (racially-aggravated harassment).
F311106A
An offence under section 53 or 54 of the Regulation of Investigatory Powers Act 2000 (contravention of notice relating to encrypted information or tipping off in connection with such a notice).
107
An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.
108
An offence under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity, war crimes and related offences as specified in Schedule 1 to that Act).
109
An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (asp 7) (traffic in prostitution etc.).
110
An offence to which section 74 of that Act applies (offences aggravated by religious prejudice).
111
An offence under section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (ill-treatment and wilful neglect of mentally disordered person).
Northern Ireland
112
Murder.
113
Manslaughter.
114
Kidnapping.
115
Riot.
116
Affray.
117
False imprisonment.
F322117A
Outraging public decency.
118
An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).
119
An offence under section 16 of that Act (threats to kill).
120
An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).
121
An offence under section 20 of that Act (malicious wounding).
122
An offence under section 21 of that Act (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence).
123
An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence).
124
An offence under section 23 of that Act (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm).
125
An offence under section 27 of that Act (abandoning children).
126
An offence under section 28 of that Act (causing bodily injury by explosives).
127
An offence under section 29 of that Act (using explosives etc. with intent to do grievous bodily harm).
128
An offence under section 30 of that Act (placing explosives with intent to do bodily injury).
129
An offence under section 31 of that Act (setting spring guns etc. with intent to do grievous bodily harm).
130
An offence under section 32 of that Act (endangering the safety of railway passengers).
131
An offence under section 35 of that Act (injuring persons by furious driving).
132
An offence under section 37 of that Act (assaulting officer preserving wreck).
133
An offence under section 47 of that Act of assault occasioning actual bodily harm.
134
An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property).
135
An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).
136
An offence under section 25 of the Criminal Justice (Northern Ireland) Act 1945 (c. 15) (child destruction).
137
An offence under section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5) (infanticide).
138
An offence under section 7(1)(b) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28) (assault with intent to resist arrest).
F323138A
An offence under section 9(1)(a) of that Act (riotous, disorderly and indecent behaviour, etc).
139
An offence under section 20 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34) (cruelty to children).
F324139A
An offence under section 1 of the Theft Act (Northern Ireland) 1969 (c.16) (basic definition of theft).
140
An offence under section 8 of F312that Act (robbery or assault with intent to rob).
F313141
An offence under section 9(1)(a) of that Act (burglary with intent to steal, inflict grievous bodily harm or do unlawful damage).
142
An offence under section 10 of that Act (aggravated burglary).
143
An offence of arson under Article 3 of the Criminal Damage Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)).
144
An offence under Article 3(2) of that Order (destroying or damaging property) other than an offence of arson.
145
146
An offence under F316Article 58(2) of that Order (possession of firearm with intent to cause fear of violence).
147
An offence under F317Article 59(1) of that Order (use of firearm to resist arrest).
148
149
An offence under F320Article 60 of that Order (carrying a firearm with criminal intent).
150
An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).
151
An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).
152
An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).
153
An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).
154
An offence under section 4 of that Act (offences in relation to certain dangerous articles).
F325154A
An offence under Article 3 of the Child Abduction (Northern Ireland) Order 1985 (S.I. 1638 (N.I. 17)) (offence of abduction of child by parent).
154B
An offence under Article 4 of that Order (offence of abduction of child by other person).
155
An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).
156
An offence under Article 121 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4) (ill-treatment of patients).
157
An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).
158
An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).
159
An offence under section 9 of that Act (hijacking of ships).
160
An offence under section 10 of that Act (seizing or exercising control of fixed platforms).
161
An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).
162
An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).
163
An offence under section 13 of that Act (offences involving threats).
164
An offence under Article 9 of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by dangerous driving).
165
An offence under Article 14 of that Order (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs).
F326165A
An offence under Article 4 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180) (N.I. 9)) (offence of harassment).
166
An offence under Article 6 of F321that Order (putting people in fear of violence).
167
An offence under section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assaulting or obstructing a constable etc.).
168
An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).
F327168ZA
An offence under section 53 or 54 of the Regulation of Investigatory Powers Act 2000 (contravention of notice relating to encrypted information or tipping off in connection with such a notice).
F328168A
An offence under section 85(3) or (4) of the Postal Services Act 2000 (c. 26) (prohibition on sending certain articles by post).
169
An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.
F329169A
An offence under section 127(1) of the Communications Act 2003 (c. 21) (improper use of public electronic communications network).
170
An offence under section 47 of this Act, where the victim or (as the case may be) other party was 17 or over.
F562171
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F330171A
An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing F537a child or vulnerable adult to die or suffer serious physical harm).
F331171B
An offence under Article 62 (causing or inciting prostitution for gain) or 63 (controlling prostitution for gain) of the Sexual Offences (Northern Ireland) Order 2008.
F421171C
An offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.
Service offences
172
An offence under—
a
section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),
b
section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), or
c
section 42 of the Naval Discipline Act 1957 (c. 53),
of which the corresponding civil offence (within the meaning of that Act) is an offence under a provision listed in any of paragraphs 1 to F33263A .
F334172A
1
An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence listed in any of paragraphs 1 to 63A.
2
Section 48 of that Act (attempts, conspiracy, F333encouragement and assistance and aiding and abetting outside England and Wales) applies for the purposes of this paragraph as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to this paragraph.
General
173
A reference in a preceding paragraph to an offence includes—
a
a reference to an attempt, conspiracy or incitement to commit that offence, and
b
a reference to aiding, abetting, counselling or procuring the commission of that offence.
F335173A
A reference in a preceding paragraph to an offence (“offence A”) includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed.
174
A reference in a preceding paragraph to a person’s age is a reference to his age at the time of the offence.
SCHEDULE 6Minor and consequential amendments
Vagrancy Act 1824 (c. 83)
1
In section 4 of the Vagrancy Act 1824 (rogues and vagabonds) except so far as extending to Northern Ireland, omit the words from “every person wilfully” to “female”.
2
In section 4 of the Vagrancy Act 1824 as it extends to Northern Ireland, omit the words from “wilfully, openly, lewdly” to “any female; or”.
Town Police Clauses Act 1847 (c. 89)
3
In section 28 of the Town Police Clauses Act 1847 (penalty for committing certain acts), omit “Every person who wilfully and indecently exposes his person:”.
Offences against the Persons Act 1861 (c. 100)
4
In the Offences against the Person Act 1861, omit sections 61 and 62.
Criminal Law Amendment Act 1885 (c. 69)
5
In the Criminal Law Amendment Act 1885, omit—
a
in section 2, subsections (2) to (4), and
b
section 11.
Vagrancy Act 1898 (c. 39)
6
The Vagrancy Act 1898 ceases to have effect.
Children and Young Persons Act 1933 (c. 12)
7
In Schedule 1 to the Children and Young Persons Act 1933 (offences to which special provisions of that Act apply), for the entry relating to offences under the Sexual Offences Act 1956 (c. 69) substitute— “
Any offence against a child or young person under any of sections 1 to 41, 47 to 53, 57 to 61, 66 and 67 of the Sexual Offences Act 2003, or any attempt to commit such an offence.
Any offence under section 62 or 63 of the Sexual Offences Act 2003 where the intended offence was an offence against a child or young person, or any attempt to commit such an offence.
”
Visiting Forces Act 1952 (c. 67)
8
1
Paragraph 1 of the Schedule to the Visiting Forces Act 1952 (offences referred to in section 3 of that Act) is amended as follows.
2
Before sub-paragraph (a) insert—
za
rape and buggery (offences under the law of Northern Ireland);
3
In sub-paragraph (a), omit “rape” and “buggery”.
4
In sub-paragraph (b), after paragraph (xii) insert—
xiii
Part 1 of the Sexual Offences Act 2003.
Army Act 1955 (3 & 4 Eliz. 2 c. 18)
9
F336. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Air Force Act 1955 (3 & 4 Eliz. 2.c. 19)
10
F337. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sexual Offences Act 1956 (c. 37)
11
In the Sexual Offences Act 1956, omit—
a
sections 1 to 7, 9 to 17, 19 to 32 and 41 to 47 (offences), and
b
in Schedule 2 (prosecution, punishment etc.), paragraphs 1 to 32.
Mental Health Act 1959 (c. 72)
13
In the Mental Health Act 1959, omit sections 127 (amendment of Sexual Offences Act 1956) and 128 (sexual intercourse with patients).
Indecency with Children Act 1960 (c. 33)
14
The Indecency with Children Act 1960 ceases to have effect.
Sexual Offences Act 1967 (c. 60)
15
In the Sexual Offences Act 1967, omit the following—
a
section 1 (amendment of law relating to homosexual acts in private),
b
section 4 (procuring others to commit homosexual acts),
c
section 5 (living on earnings of male prostitution),
d
section 7 (time limit on prosecutions),
e
section 8 (restriction on prosecutions), and
f
section 10 (past offences).
Firearms Act 1968 (c. 27)
16
In Schedule 1 to the Firearms Act 1968 (offences to which section 17(2) of that Act applies), for paragraph 6 substitute—
6
Offences under any of the following provisions of the Sexual Offences Act 2003—
a
section 1 (rape);
b
section 2 (assault by penetration);
c
section 4 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;
d
section 5 (rape of a child under 13);
e
section 6 (assault of a child under 13 by penetration);
f
section 8 (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;
g
section 30 (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section;
h
section 31 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.
Theft Act 1968 (c. 60)
17
In section 9 of the Theft Act 1968 (burglary), in subsection (2) omit “or raping any person”.
Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))
18
1
The Children and Young Persons Act (Northern Ireland) 1968 is amended as follows.
2
F339. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In Schedule 1 (offences against children and young persons to which special provisions of that Act apply), at the end insert— “
Any offence against a child or young person under any of sections 15 to 19, 47 to 59, 66 and 67 of the Sexual Offences Act 2003 or any attempt to commit such an offence.
”
Rehabilitation of Offenders Act 1974 (c. 53)
19
In section 7 of the Rehabilitation of Offenders Act 1974 (limitations on rehabilitation under that Act), in subsection (2), for paragraph (bb) substitute—
bb
in any proceedings under Part 2 of the Sexual Offences Act 2003, or on appeal from any such proceedings;
Sexual Offences (Amendment) Act 1976 (c. 82)
20
1
The Sexual Offences (Amendment) Act 1976 is amended as follows.
2
In section 1 (meaning of “rape”), omit subsection (2).
3
In section 7 (citation, interpretation etc.)—
a
for subsection (2) substitute—
2
In this Act—
a
“a rape offence” means any of the following—
i
an offence under section 1 of the Sexual Offences Act 2003 (rape);
ii
an offence under section 2 of that Act (assault by penetration);
iii
an offence under section 4 of that Act (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;
iv
an offence under section 5 of that Act (rape of a child under 13);
v
an offence under section 6 of that Act (assault of a child under 13 by penetration);
vi
an offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;
vii
an offence under section 30 of that Act (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section;
viii
an offence under section 31 of that Act (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;
ix
an attempt, conspiracy or incitement to commit an offence within any of paragraphs (i) to (vii);
x
aiding, abetting, counselling or procuring the commission of such an offence or an attempt to commit such an offence.
b
the use in any provision of the word “man” without the addition of the word “boy” does not prevent the provision applying to any person to whom it would have applied if both words had been used, and similarly with the words “woman” and “girl”.
b
omit subsection (3).
Criminal Law Act 1977 (c. 45)
21
In the Criminal Law Act 1977, omit section 54 (inciting girl under 16 to have incestuous sexual intercourse).
Internationally Protected Persons Act 1978 (c. 17)
22
In section 1 of the Internationally Protected Persons Act 1978 (attacks and threats of attacks on protected persons)—
a
in subsection (1)(a)—
i
omit “rape,”;
ii
after “Explosive Substances Act 1883” insert “
or an offence listed in subsection (1A)
”
;
b
after subsection (1) insert—
1A
The offences mentioned in subsection (1)(a) are—
a
in Scotland or Northern Ireland, rape;
b
an offence under section 1 or 2 of the Sexual Offences Act 2003;
c
an offence under section 4 of that Act, where the activity caused involved penetration within subsection (4)(a) to (d) of that section;
d
an offence under section 5 or 6 of that Act;
e
an offence under section 8 of that Act, where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;
f
an offence under section 30 of that Act, where the touching involved penetration within subsection (3)(a) to (d) of that section;
g
an offence under section 31 of that Act, where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.
Suppression of Terrorism Act 1978 (c. 26)
23
1
Schedule 1 to the Suppression of Terrorism Act 1978 (offences for the purposes of that Act) is amended as follows.
2
In paragraph 3, after “Rape” insert “
under the law of Scotland or Northern Ireland
”
.
3
For paragraph 9 substitute—
9
An offence under any of the following provisions of the Sexual Offences Act 2003—
a
sections 1 or 2 (rape, assault by penetration);
b
section 4 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;
c
section 5 or 6 (rape of a child under 13, assault of a child under 13 by penetration);
d
section 8 (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;
e
section 30 (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section;
f
section 31 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.
Protection of Children Act 1978 (c. 37)
24
In section 1(1) of the Protection of Children Act 1978 (indecent photographs of children), at the beginning insert “
Subject to sections 1A and 1B,
”
.
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
25
In Article 8 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (limitations on rehabilitation under that Order), in paragraph (2), for sub-paragraph (bb) substitute—
bb
in any proceedings under Part 2 of the Sexual Offences Act 2003, or on appeal from any such proceedings;
Magistrates' Courts Act 1980 (c. 43)
26
1
The Magistrates' Courts Act 1980 is amended as follows.
2
In section 103 (evidence of persons under 14 in committal proceedings), in subsection (2)(c), after “the Protection of Children Act 1978” insert “
or Part 1 of the Sexual Offences Act 2003
”
.
3
In Schedule 7 (consequential amendments), omit paragraph 18.
Criminal Justice Act 1982 (c. 48)
27
In the Criminal Justice Act 1982, in Part 2 of Schedule 1 (offences excluded from early release provisions), after the entry relating to the Proceeds of Crime Act 2002 (c. 29) insert—
SEXUAL OFFENCES ACT 2003
Sections 1 and 2 (rape, assault by penetration).
Section 4 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section.
Sections 5 and 6 (rape of a child under 13, assault of a child under 13 by penetration).
Section 8 (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.
Section 30 (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section.
Section 31 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.
Police and Criminal Evidence Act 1984 (c. 60)
28
1
The Police and Criminal Evidence Act 1984 is amended as follows.
2
In section 80(7)
(sexual offences for purposes of compellability of spouse), after “the Protection of Children Act 1978” insert “
or Part 1 of the Sexual Offences Act 2003
”
.
3
F340. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F340. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice Act 1988 (c. 33)
29
1
The Criminal Justice Act 1988 is amended as follows.
2
In section 32 (evidence through television links), in subsection (2)(c), after “the Protection of Children Act 1978” insert “
or Part 1 of the Sexual Offences Act 2003
”
.
3
In section 160(1)
(possession of indecent photograph of child), at the beginning insert “
Subject to subsection (1A),
”
.
Criminal Justice Act 1991 (c. 53)
30
In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), in subsection (2)(da), for “Part I of the Sex Offenders Act 1997” substitute “
Part 2 of the Sexual Offences Act 2003
”
.
Sexual Offences (Amendment) Act 1992 (c. 34)
31
1
Section 2 of the Sexual Offences (Amendment) Act 1992 (offences to which that Act applies) is amended as follows.
2
In subsection (1) (England and Wales)—
a
after paragraph (d) insert—
da
any offence under any of the provisions of Part 1 of the Sexual Offences Act 2003 except section 64, 65, 69 or 71;
F534b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In subsection (3) (Northern Ireland)—
a
after paragraph (hh) insert—
ha
any offence under any of sections 15 to 21, 47 to 53, 57 to 59, 66, 67, 70 and 72 of the Sexual Offences Act 2003.
b
in paragraph (i) for “(hh)” substitute “
(ha)
”
.
Criminal Justice and Public Order Act 1994 (c. 33)
32
1
The Criminal Justice and Public Order Act 1994 is amended as follows.
2
In section 25 (no bail if previous conviction for certain offences), for subsection (2)(d) and (e) substitute—
d
rape under the law of Scotland or Northern Ireland;
e
an offence under section 1 of the Sexual Offences Act 1956 (rape);
f
an offence under section 1 of the Sexual Offences Act 2003 (rape);
g
an offence under section 2 of that Act (assault by penetration);
h
an offence under section 4 of that Act (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;
i
an offence under section 5 of that Act (rape of a child under 13);
j
an offence under section 6 of that Act (assault of a child under 13 by penetration);
k
an offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;
l
an offence under section 30 of that Act (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section;
m
an offence under section 31 of that Act (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;
n
an attempt to commit an offence within any of paragraphs (d) to (m).
3
Omit sections 142 to 144.
4
In Schedule 10 (consequential amendments) omit paragraphs 26 and 35(2) and (4).
Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)
33
F341In section 5(6) of the Criminal Law (Consolidation)
(Scotland) Act 1995 (which relates to construing the expression “a like offence”), after paragraph (c) insert
or
cc
any of sections 9 to 14 of the Sexual Offences Act 2003;
Criminal Injuries Compensation Act 1995 (c. 53)
34
In section 11 of the Criminal Injuries Compensation Act 1995 (approval by parliament of certain alterations to the Tariff or provisions of the Scheme)—
a
in subsection (3)(d), after “rape” insert “
or an offence under section 30 of the Sexual Offences Act 2003
”
;
b
after subsection (8) insert—
9
In subsection (3) “rape”, in relation to anything done in England and Wales, means an offence under section 1 or 5 of the Sexual Offences Act 2003.
Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)
35
In the Schedule to the Sexual Offences (Conspiracy and Incitement) Act 1996 (sexual offences for the purposes of that Act), in paragraph 1—
a
for sub-paragraph (1)(b) substitute—
b
an offence under any of sections 1 to 12, 14 and 15 to 26 of the Sexual Offences Act 2003.
b
in sub-paragraph (2), for “In sub-paragraph (1)(a), sub-paragraphs (i), (iv), (v) and (vi) do” substitute “
Sub-paragraph (1)(b) does
”
.
Sexual Offences (Protected Material) Act 1997 (c. 39)
36
In the Schedule to the Sexual Offences (Protected Material) Act 1997 (sexual offences for the purposes of that Act)—
a
after paragraph 5 insert—
5A
Any offence under any provision of Part 1 of the Sexual Offences Act 2003 except section 64, 65, 69 or 71.
b
in paragraph 6, for “1 to 5” substitute “
5 and 5A
”
.
Sex Offenders Act 1997 (c. 51)
37
The Sex Offenders Act 1997 ceases to have effect.
Crime and Disorder Act 1998 (c. 37)
38
1
The Crime and Disorder Act 1998 is amended as follows.
2
Omit sections 2, 2A, 2B and 3 (sex offender orders and interim orders).
F5063
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Omit section 20.
5
In section 21 (procedural provisions with respect to orders)—
a
omit subsection (2);
b
in subsection (4)—
i
omit “or (2)”; and
ii
for “either of those subsections” substitute “
that subsection
”
;
c
in subsection (5), omit “or 20”;
d
in subsection (6), omit “and sex offender orders” and “or 20(4)(a)”;
e
in subsection (7)(b)(i), omit “or, as the case may be, chief constable”;
f
omit subsections (7A) and (7B); and
g
in subsection (10), omit “or 20”.
6
Omit section 21A.
7
In section 22 (offences in connection with breach of orders), omit subsections (6) and (7).
8
In Schedule 8 (minor and consequential amendments), omit paragraph 144.
Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))
39
F342. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20))
40
In the Criminal Justice (Northern Ireland) Order 1998, omit Articles 6, 6A, 6B and 7.
Youth Justice and Criminal Evidence Act 1999 (c. 23)
41
1
The Youth Justice and Criminal Evidence Act 1999 is amended as follows.
2
In section 35 (cross examination of child witnesses), in subsection (3)(a), after sub-paragraph (v) insert
or
vi
Part 1 of the Sexual Offences Act 2003;
3
In section 62 (meaning of “sexual offence” etc.), for subsection (1) substitute—
1
In this Part “sexual offence” means any offence under Part 1 of the Sexual Offences Act 2003.
Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8))
42
1
The Criminal Evidence (Northern Ireland) Order 1999 is amended as follows.
F5642
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In Article 23 (protection of child complainants and other child witnesses)—
F563a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in paragraph (4)(a), after “(3)(a)” insert “
or (cc)
”
.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
43
1
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
2
In section 91 (power to detain offenders under 18 convicted of certain offences), for subsection (1)(b) and (c) substitute—
b
an offence under section 3 of the Sexual Offences Act 2003 (in this section, “the 2003 Act”) (sexual assault); or
c
an offence under section 13 of the 2003 Act (child sex offences committed by children or young persons); or
d
an offence under section 25 of the 2003 Act (sexual activity with a child family member); or
e
an offence under section 26 of the 2003 Act (inciting a child family member to engage in sexual activity).
3
In section 109 (life sentence for second serious offence), in subsection (5), after paragraph (f) insert—
fa
an offence under section 1 or 2 of the Sexual Offences Act 2003 (in this section, “the 2003 Act”) (rape, assault by penetration);
fb
an offence under section 4 of the 2003 Act (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;
fc
an offence under section 5 or 6 of the 2003 Act (rape of a child under 13, assault of a child under 13 by penetration);
fd
an offence under section 8 of the 2003 Act (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;
fe
an offence under section 30 of the 2003 Act (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section;
ff
an offence under section 31 of the 2003 Act (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;
fg
an attempt to commit an offence within any of paragraphs (fa) to (ff);
4
In section 161 (definition of “sexual offence” etc.), in subsection (2)—
a
after paragraph (f) insert—
fa
an offence under any provision of Part 1 of the Sexual Offences Act 2003 except section 52, 53 or 71;
b
in paragraph (g), for “(a) to (f)” substitute “
(f) and (fa)
”
.
5
In Schedule 9 (consequential amendments), omit paragraphs 189, 190 and 193.
Criminal Justice and Courts Services Act 2000 (c. 43)
44
1
The Criminal Justice and Courts Services Act 2000 is amended as follows.
2
Omit sections 39 and 66.
3
In section 68 (sexual and violent offenders for the purposes of risk assessment etc.), in subsection (2), for “Part I of the Sex Offenders Act 1997” substitute “
Part 2 of the Sexual Offences Act 2003
”
.
4
In section 69 (duties of local probation boards in connection with victims of certain offences), in subsection (8)(b), for “Part I of the Sex Offenders Act 1997” substitute “
Part 2 of the Sexual Offences Act 2003
”
.
5
In Schedule 4 (offences against children for the purposes of disqualification orders)—
a
in paragraph 1, for sub-paragraph (m) substitute—
m
an offence under any of sections 5 to 26 and 47 to 50 of the Sexual Offences Act 2003 (offences against children).
b
in paragraph 2, for sub-paragraph (n) substitute—
n
an offence under any of sections 1 to 4, 30 to 41, 52, 53, 57 to 61, 66 and 67 of the Sexual Offences Act 2003.
c
in paragraph 3, after sub-paragraph (s) insert—
sa
he commits an offence under section 62 or 63 of the Sexual Offences Act 2003 (committing an offence or trespassing with intent to commit a sexual offence) in a case where the intended offence was an offence against a child.
6
Omit Schedule 5.
Sexual Offences (Amendment) Act 2000 (c. 44)
45
1
The Sexual Offences (Amendment) Act 2000 is amended as follows.
2
In section 1 (reduction in age at which certain sexual acts are lawful), omit subsections (1) and (2).
3
In section 2 (defences available to persons under age), omit subsections (1) to (3).
4
Omit sections 3 and 4 (abuse of position of trust) except so far as extending to Scotland.
5
Omit section 5 (notification requirements for offenders under section 3).
6
In section 6 (meaning of “sexual offence” for the purposes of certain enactments), omit subsection (1).
Proceeds of Crime Act 2002 (c. 29)
46
1
The Proceeds of Crime Act 2002 is amended as follows.
F5352
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
For paragraph 8 of that Schedule substitute—
Prostitution and child sex
8
1
An offence under section 33 or 34 of the Sexual Offences Act 1956 (keeping or letting premises for use as a brothel).
2
An offence under any of the following provisions of the Sexual Offences Act 2003—
a
section 14 (arranging or facilitating commission of a child sex offence);
b
section 48 (causing or inciting child prostitution or pornography);
c
section 49 (controlling a child prostitute or a child involved in pornography);
d
section 50 (arranging or facilitating child prostitution or pornography);
e
section 52 (causing or inciting prostitution for gain);
f
section 53 (controlling prostitution for gain).
F5654
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
In paragraph 8 of that Schedule—
a
F343. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
omit sub-paragraphs (2) to (5).
Adoption and Children Act 2002 (c. 38)
47
In section 74 of the Adoption and Children Act 2002 (status conferred by adoption not to apply for the purposes of certain enactments), in subsection (1) for paragraphs (b) and (c) substitute
or
b
sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative).
Nationality, Asylum and Immigration Act 2002 (c. 41)
48
In the Nationality, Asylum and Immigration Act 2002, omit sections 145 and 146 (traffic in prostitution).
Criminal Justice (Scotland) Act 2003 (asp 7)
49
In section 21(9) of the Criminal Justice (Scotland) Act 2003 (power of adjournment where person convicted of sexual offence or offence disclosing significant sexual aspects to behaviour in committing it), for the words from “—(a)
“three weeks”” to “each case” substitute “
“four weeks” there were
”
.
Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003(S.I. 2003/417 (N.I. 4))
50
In paragraph 1 of Schedule 1 to the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003, after sub-paragraph (n) insert—
o
any offence under any of sections 15 to 21 and 47 to 50 of the Sexual Offences Act 2003.
Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))
51
In Schedule 2 to the Access to Justice (Northern Ireland) Order 2003, in paragraph 2(d)—
a
omit sub-paragraph (x),
b
omit “or” at the end of sub-paragraph (xi),
c
at the end of sub-paragraph (xii) insert
or
xiii
under section 89, 90, 97, 100, 104, 108, 109, 114, 118, 123, 125 or 126 of the Sexual Offences Act 2003,
Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13))
52
In the Criminal Justice (Northern Ireland) Order 2003, omit—
a
in Article 19(4), sub-paragraph (a) and
b
in Schedule 1, paragraphs 1, 2, 20 and 21.
SCHEDULE 7Repeals and revocations
Reference | Extent of repeal or revocation |
|---|---|
Vagrancy Act 1824 (c. 83) | In section 4 except so far as extending to Northern Ireland, the words from “every person wilfully” to “female”. In section 4 as it extends to Northern Ireland, the words from “wilfully, openly, lewdly” to “any female; or”. |
Town Police Clauses Act 1847 (c. 89) | In section 28 the words “every person who wilfully and indecently exposes his person:”. |
Offences Against the Person Act 1861 (c. 100) | Sections 61 and 62. |
Criminal Law Amendment Act 1885 (c. 69) | Section 2(2) to (4). Section 11. |
Vagrancy Act 1898 (c. 39) | The whole Act. |
Criminal Law Amendment Act 1912 (c. 20) | Section 7. |
Visiting Forces Act 1952 (c. 67) | In the Schedule, in paragraph 1(a) the words “rape, buggery”; paragraph 1(b)(viii). |
Army Act 1955 (3 & 4 Eliz. 2 c. 18) | In section 70(4), the words “or rape”. |
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) | In section 70(4), the words “or rape”. |
Sexual Offences Act 1956 (c. 69) | Sections 1 to 7. Sections 9 to 17. Sections 19 to 32. Sections 41 to 47. In Schedule 2, paragraphs 1 to 32. |
Naval Discipline Act 1957 (c. 53) | In section 48(2), the words “or rape”. |
Mental Health Act 1959 (c. 72) | Sections 127 and 128. |
Indecency with Children Act 1960 (c. 33) | The whole Act. |
Sexual Offences Act 1967 (c. 60) | Section 1. Section 4. Section 5. Sections 7 and 8. Section 10. |
Theft Act 1968 (c. 60) | In section 9(2), the words “or raping any person”. |
Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)) | In section 21, in subsection (1) the words “or the prostitution of,” and in subsection (2) the words “or the prostitution of,” and “or who has become a prostitute,”. |
Criminal Justice Act 1972 (c. 71) | Section 48. |
National Health Service Reorganisation Act 1973 (c. 32) | In Schedule 4, paragraph 92. |
Sexual Offences (Amendment) Act 1976 (c. 82) | Section 1(2). Section 7(3). |
Criminal Law Act 1977 (c. 45) | Section 54. |
National Health Service Act 1977 (c. 49) | In Schedule 15, paragraph 29. |
Internationally Protected Persons Act 1978 (c. 17) | In section 1(1)(a), the word “rape,”. |
Suppression of Terrorism Act 1978 (c. 26) | In section 4(1)(a), the word “11,”. In Schedule 1, paragraph 11. |
Magistrates' Courts Act 1980 (c. 43) | In section 103(2)(c), the words from “the Indecency with Children Act 1960” to “1977 or”. In Schedule 1, paragraphs 23, 27 and 32. In Schedule 7, paragraph 18. |
Criminal Attempts Act 1981 (c. 47) | In section 4(5), paragraph (a) and the word “and” immediately after it. |
Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) | In Article 29(1), the words from “or with an offence under section 1(1)(b) of the Vagrancy Act 1898” to “homosexual act”. In Schedule 2, paragraphs 5(c), 10(c) and 22. |
Criminal Justice Act 1982 (c. 48) | In Schedule 1, in Part 1, paragraph 2, and in Part 2, the cross-heading immediately before paragraph 12, and paragraphs 12 to 14. |
Mental Health (Amendment) Act 1982 (c. 51) | In Schedule 3, paragraphs 29 and 34. |
Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/1536 (N.I. 19)) | In Article 2(2), in the definition of “homosexual act”, the words from “, an act of gross indecency” to the end. Article 3. Article 7. Article 8. Article 10(2)(a) and (b). In Article 11(1), the words “, or gross indecency with,”. Article 12(1). Article 13. In the Schedule, paragraphs 3, 4 and 7. |
Mental Health Act 1983 (c. 20) | In Schedule 4, paragraph 15. |
Police and Criminal Evidence Act 1984 (c. 60) | In section 80(7), the words from “the Sexual Offences Act 1956” to “1977 or”. In Schedule 1A, paragraph 4 and the cross-heading immediately before it. In Part 1 of Schedule 5, paragraphs 4 and 6 to 8. In Part 2 of Schedule 5, paragraph 2 and the cross-heading immediately before it. In Part 1 of Schedule 6, paragraph 9. |
Sexual Offences Act 1985 (c. 44) | Section 3. Section 4(2) and (3). Section 5(2). |
Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) | In Schedule 5, in Part II, the entry relating to the Homosexual Offences (Northern Ireland) Order 1982. |
Criminal Justice Act 1988 (c. 33) | In section 32(2)(c), the words from “the Sexual Offences Act 1956” to “1977 or”. |
Children Act 1989 (c. 41) | In Schedule 12, paragraphs 11 to 14 and 16. |
Criminal Justice and Public Order Act 1994 (c. 33) | Sections 142 to 144. In Schedule 10, paragraphs 26 and 35(2) and (4). |
Criminal Procedure and Investigations Act 1996 (c. 25) | Section 56(2)(a). |
Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29) | In the Schedule, paragraph 1(1)(a). |
Sexual Offences (Protected Material) Act 1997 (c. 39) | In the Schedule, paragraphs 1 to 4. |
Crime (Sentences) Act 1997 (c. 43) | Section 52. |
Sex Offenders Act 1997 (c. 51) | The whole Act. |
Crime and Disorder Act 1998 (c. 37) | Sections 2, 2A, 2B and 3. In section 4, in subsection (1) the words “, a sex offender order or an order under section 2A above” and in subsection (3) the words “or 2(6) above”. Section 20. In Section 21, subsection (2); in subsection (4), the words “or (2)”; in subsection (5), the words “or 20”; in subsection (6), the words “and sex offender orders” and “or 20(4)(a)”; in subsection (7)(b)(i), the words “or, as the case may be, chief constable”; subsections (7A) and (7B); and in subsection (10), the words “or 20”. Section 21A. Section 22(6) and (7). In Schedule 8, paragraphs 36 and 144. |
Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) | In Schedule 1, paragraph 1(c), (e) and (j). |
Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)). | Articles 6, 6A, 6B and 7. |
Youth Justice and Criminal Evidence Act 1999 (c. 23) | In section 35(3)(a), sub-paragraphs (i) to (iv). |
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | Section 161(2)(a) to (e). In Schedule 9, paragraphs 189, 190 and 193. |
Care Standards Act 2000 (c. 14) | In Schedule 4, paragraph 2. |
Criminal Justice and Courts Services Act 2000 (c. 43) | Section 39. Section 66. In Schedule 4, paragraphs 1(c) to (i), 2(g) to (m) and 3(b) to (r). Schedule 5. |
Sexual Offences (Amendment) Act 2000 (c. 44) | Section 1(1), (2) and (4). Section 2(1) to (3) and (5). Sections 3 and 4 except so far as extending to Scotland. Section 5. Section 6(1). |
Armed Forces Act 2001 (c. 19) | In Schedule 6, paragraphs 2 and 59. |
Proceeds of Crime Act 2002 (c. 29) | In Schedule 5, paragraph 8(2) to (5). |
Police Reform Act 2002 (c. 30) | Sections 67 to 74. |
Nationality, Immigration and Asylum Act 2002 (c. 41) | Sections 145 and 146. |
Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) | In Schedule 2, in paragraph 2(d), sub-paragraph (x) and the word “or” at the end of sub-paragraph (xi). |
Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) | In Article 19(4), sub-paragraph (a). In Schedule 1, paragraphs 1, 2, 20 and 21. |
S. 47 cross-heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(2), 88(1); S.I. 2015/820, reg. 2(l)