Sexual Offences Act 2003 (c. 42)

SCHEDULES

Section 72(7)

SCHEDULE 2 E+W+N.I. Sexual offences to which section 72 applies

England and Wales E+W+N.I.

1 E+W+N.I. In relation to England and Wales, the following are sexual offences to which section 72 applies—

[F1 (a) 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 [F2 18];

(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).

F3 . . .

Textual Amendments

F1 Sch. 2 para. 1(a)(b) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 72(3)(a), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 34 (subject to Sch. 2)

F2 Word in Sch. 2 para. 1(c) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 72(3)(b), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 34 (subject to Sch. 2)

F3 Words in Sch. 2 para. 1(d) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 72(3)(c), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 34 (subject to Sch. 2)

Northern Ireland E+W+N.I.

2 (1) In relation to Northern Ireland, the following are sexual offences to which section 72 applies—

(a) rape;

(b) an offence under—

(i) section 52 of the Offences against the Person Act 1861 (c. 100) (indecent assault upon a female person), or

(ii) section 53 or 54 of that Act (abduction of woman);

(c) an offence under—

(i) section 2 of the Criminal Law Amendment Act 1885 (c. 69) (procuration of girl under 21),

(ii) section 3 of that Act (procuring defilement of woman using threats, etc.),

(iii) section 4 of that Act of unlawful carnal knowledge of a girl under 14,

(iv) section 5 of that Act of unlawful carnal knowledge of a girl under [F4 18], or

(v) section 7 of that Act (abduction of girl under 18);

(d) an offence under—

(i) section 1 of the Punishment of Incest Act 1908 (c. 45) (incest by males), or

(ii) section 2 of that Act (incest by females);

(e) an offence under—

(i) section 21 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)) (causing or encouraging seduction, etc. of girl under 17), or

(ii) section 22 of that Act (indecent conduct towards a child);

(f) 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);

(g) 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);

(h) an offence under Article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (indecent photographs of children);

(i) an offence under—

(i) Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (buggery),

(ii) Article 20 of that Order (assault with intent to commit buggery), or

(iii) Article 21 of that Order (indecent assault on a male);

(j) an offence under—

(i) section 15 of this Act (meeting a child following sexual grooming etc.), or

(ii) any of sections 16 to 19 or 47 to 50 of this Act (abuse of trust, prostitution, child pornography).

(2) Sub-paragraph (1), apart from paragraphs (f) and (h), does not apply where the victim of the offence was [F5 18] or over at the time of the offence.

Textual Amendments

F4 Word in Sch. 2 para. 2(1)(c)(iv) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 72(4)(a), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 34 (subject to Sch. 2)

F5 Word in Sch. 2 para. 2(2) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 72(4)(b), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 34 (subject to Sch. 2)

General E+W+N.I.

3 A reference in paragraph 1 or 2(1) to an offence includes—

(a) 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.

Modifications etc. (not altering text)

C1 Sch. 2 para. 3(a) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1), 94, Sch. 6 para. 47 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)