SCHEDULES

SCHEDULE 6Minor and consequential amendments

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

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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.