Sexual Offences Act 1956 (c. 69)

SCHEDULES

Section 37.

SECOND SCHEDULE E+W Table of offences, with mode of prosecution, punishments, etc.

Part I E+W Felonies and attempts of felonies

Offence	Mode of Prosecution	Punishment	Provisions as to alternative verdicts etc.
1. (a) Rape (section one)	On indictment, F1 . . .	Life	The jury may find the accused guilty— (i) of procurement of a woman by threats (section two); or (ii) of procurement of a woman by false pretences (section three); or (iii) of administering drugs to obtain or facilitate intercourse (section four); (iv)—(ix) F2 . . .
(b)An attempt to commit this offence.	On indictment	[F3 L ife]
2. (a) Intercourse with girl under thirteen (section five).	On indictment, F1 . . .	Life	F4 . . .
(b)An attempt to commit this offence	On indictment, F1 . . .	[F5 Seven years]
3.(a) Buggery (section twelve).	On indictment, F1 . . .	[F6 If with a person under the age of sixteen or with an animal, life; if the accused is of or over the age of twenty-one and the other person is under the age of eighteen, five years, but otherwise two years.]
(b) An attempt to commit this offence.	On indictment	[F6 If with a person under the age of sixteen or with an animal, life; if the accused is of or over the age of twenty-one and the other person is under the age of eighteen, five years, but otherwise two years.]
4.Abduction of woman by force or for the sake of her property (section seventeen).	On indictment, F1 . . .	Fourteen years
5. F7 . . .
6.Permitting girl under thirteen to use premises for intercourse (section twenty-five).	On indictment, F1 . . .	Life

Textual Amendments

F1 Words repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

F2 Word "or" and paras (iv)-(ix) repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III

F3 Word substituted by Sexual Offences Act 1985 (c. 44, SIF 39:5), s. 3(2)

F4 Words in Sch. 2 Pt. I para. 2 repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III

F5 Words substituted by Indecency with Children Act 1960 (c. 33), s. 2(3)

F6 Entries in Sch. 2 Pt. I para. 3 substituted (3.11.1994) by 1994 c. 33, ss. 144(2)(a)(b), 172(4)

F7 Sch. 2 Pt. I para. 5 repealed by Family Law Reform Act 1969 (c. 46), s. 11

Part II E+W Offences other than felonies and attempts at felonies

Offence	Mode of Prosecution	Punishment	Provisions as to alternative verdicts etc.
7.(a) Procurement of woman by threats (section two).	On indictment, F8 . . .	Two years
(b) An attempt to commit this offence.	On indictment, F8 . . .	Two years
8.Procurement of woman by false pretences (section three).	On indictment, F8 . . .	Two years
9.Administering drugs to obtain or facilitate intercourse (section four).	On indictment, F8 . . .	Two years
10.(a) Intercourse with girl [F9 under 16] (section six).	On indictment, F8 . . . ; a prosecution may not be commenced more than twelve months after the offence charged.	Two years
(b) An attempt to commit this offence.	On indictment, F8 . . . ; a prosecution may not be commenced more than twelve months after the offence charged.	Two years
11.(a)Intercourse with [F10 defective] (section seven).	On indictment, F8 . . .	Two years
(b)An attempt to commit this offence.	On indictment, F8 . . .	Two years
12. F11 . . .
13.(a)Procurement of defective (section nine).	On indictment, F8 . . .	Two years
(b)An attempt to commit this offence.	On indictment, F8 . . .	Two years
14.(a) Incest by a man (section ten).	On indictment, F8 . . . ; a prosecution may not be commenced [F12 except by or with the consent] of the Director of Public Prosecutions F13 . . .	If with a girl under thirteen, and so charged in the indictment, life; otherwise seven years.	The jury may find the accused guilty— (i)of intercourse with a girl under thirteen (section five); or (ii)of intercourse with a girl between thirteen and sixteen (section six); (iii) F14 . . .
(b)An attempt to commit this offence.	On indictment, F8 . . . ; a prosecution may not be commenced [F12 except by or with the consent] of the Director of Public Prosecutions F13 . . .	[F15 If with a girl under thirteen who is stated to have been so in the indictment, seven years; otherwise two years.]
15.(a) Incest by a woman (section eleven)	On indictment, F8 . . . ; a prosecution may not be commenced [F12 except by or with the consent] of the Director of Public Prosecutions F13 . . .	Seven years
(b)An attempt to commit this offence.	On indictment, F8 . . . ; a prosecution may not be commenced [except by or with the consent] of the Director of Public Prosecutions	Two years
16. (a) Indecency between men (section thirteen).	On indictment F8 . . . ;	[F16 If by a man of or over the age of twenty-one with a man under the age of eighteen, five years; otherwise two years.]
(b)An attempt to procure the commission by a man of an act of gross indecency with another man.	On indictment, F8 . . .	[F16 If the attempt is by a man of or over the age of twenty-one to procure a man under the age of eighteen to commit an act of gross indecency with another man, five years; otherwise two years.]
17. Indecent assault on a woman (section fourteen).	(i)On indictment [F17 (ii)summarily (by virtue of [F18 section 17(1) of the Magistrates’ Courts Act 1980])]	[F19 Ten years] [F20 As provided by [F21 section 32(1) of that Act] (that is to say, six months or the prescribed sum within the meaning of that section, or both)]
18. Indecent assault on a man (section fifteen).	(i) On indictment [F17 (ii) summarily (by virtue of [F18 section 17(1) of the Magistrates’ Courts Act 1980]]	Ten years [F20 As provided by [F21 section 32(1) of that Act] (that is to say, six months or the prescribed sum within the meaning of that section, or both)]
19.Assault with intent to commit buggery (section sixteen).	On indictment	Ten years
20.Abduction of girl under eighteen from parent or guardian (section nineteen).	On indictment, F8 . . .	Two years
21.Abduction of girl under sixteen from parent or guardian (section twenty).	On indictment, F8 . . .	Two years
22.Abduction of defective from parent or guardian (section twenty-one).	On indictment, F8 . . .	Two years
23. (a) Causing prostitution of a woman (section twenty-two)	On indictment, F8 . . .	Two years
(b)An attempt to commit this offence	On indictment, F8 . . .	Two years
24. (a)Procuration of girl under twenty-one (section twenty-three).	On indictment, F8 . . .	Two years
(b)An attempt to commit this offence.	Two years
25.Detention of woman in brothel (section twenty-four).	On indictment, F8 . . .	Two years
26.Permitting girl [F9 under 16] to use premises for intercourse (section twenty-six).	On indictment, F8 . . .	Two years	F22 . . .
27.Permitting defective to use premises for intercourse (section twenty-seven).	On indictment, F8 . . .	Two years
28.Causing or encouraging prostitution, etc., of girl under sixteen (section twenty-eight).	On indictment	Two years
29.Causing or encouraging prostitution of defective (section twenty-nine).	On indictment, F8 . . .	Two years
30.Living on earnings of prostitution (section thirty).	(i) On indictment (ii) Summarily	[F23 Seven years] Six months	F24 . . .
31. Controlling a prostitute (section thirty-one).	(i)On indictment (ii) Summarily	[F23 Seven years] Six months	F24 . . .
32. Solicitation by a man (section thirty-two).	(i) On indictment (ii) Summarily	Two years Six months	F24 . . .
33. Keeping a brothel (section thirty-three).	Summarily F24 . . .	For an offence committed after a previous conviction, six months, or two hundred and fifty pounds, or both; otherwise, three months, or one hundred pounds, or both.	A conviction of an offence punishable under section thirty-four, thirty-five or thirty-six of this Act, or under section thirteen of the Criminal Law Amendment Act 1885 (the section replaced for England and Wales by sections thirty-three to thirty-six of this Act), shall be taken into account as a previous conviction in the same way as a conviction of an offence punishable under section thirty-three of this Act.
34. Letting premises for use as brothel (section thirty-four).	Summarily F24 . . .	For an offence committed after a previous conviction, six months, or two hundred and fifty pounds, or both; otherwise, three months, or one hundred pounds, or both.	A conviction of an offence punishable under section thirty-three, thirty-five or thirty-six of this Act, or under section thirteen of the Criminal Law Amendment Act 1885 (the section replaced for England and Wales by sections thirty-three to thirty-six of this Act), shall be taken into account as a previous conviction in the same way as a conviction of an offence punishable under section thirty-four of this Act.
35. Tenant permitting premises to be used as brothel (section thirty-five).	Summarily F24 . . .	For an offence committed after a previous conviction, six months, or two hundred and fifty pounds, or both; otherwise, three months, or one hunderd pounds, or both.	A conviction of an offence punishable under section thirty-three, thirty-four or thirty-six of this Act, or under section thirteen of the Criminal Law Amendment Act 1885 (the section replaced for England and Wales by sections thirty-three to thirty-six of this Act), shall be taken into account as a previous conviction in the same way as a conviction of an offence punishable under section thirty-five of this Act.
36. Tenant permitting premises to be used for prostitution (section thirty-six).	Summarily F24 . . .	For an offence committed after a previous conviction, six months, or two hundred and fifty pounds, or both; otherwise, three months, or one hundred pounds, or both.	A conviction of an offence punishable under section thirty-three, thirty-four or thirty-five of this Act, or under section thirteen of the Criminal Law Amendment Act 1885 (the section replaced for England and Wales by sections thirty-three to thirty-six of this Act), shall be taken into account as a previous conviction in the same way as a conviction of an offence punishable under section thirty-six of this Act.

Textual Amendments

F8 Words repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

F9 Words substituted by Criminal Law Act 1967 (c. 58), Sch. 2 para. 14

F10 Words substituted by Mental Health Act 1959 (c. 72), Sch. 7 Pt. I

F11 Sch. 2 Pt. II para. 12 repealed by Mental Health Act 1959 (c. 72), Sch. 8 Pt. I

F12 Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12

F13 Words repealed by Criminal Jurisdiction Act 1975 (c. 59), Sch. 6 Pt. I

F14 Word "or" and para. (iii) repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III

F15 Words substituted by Indecency with Children Act 1960 (c. 33), s. 2(3)

F16 Entries in Sch. 2 Pt. II para. 16(a)(b) substituted (3.11.1994) by 1994 c. 33, ss. 144(3)(a)(b), 172(4)

F17 Words in sub para. (ii) substituted by Criminal Law Act 1977 (c. 45), Sch. 12

F18 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 18(a)

F19 Words substituted by Sexual Offences Act 1985 (c. 44, SIF 39:5), s. 3(3)

F20 Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12

F21 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 18(b)

F22 Words in Sch. 2 Pt. II para. 26 repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III

F23 Words substituted by Street Offences Act 1959 (c. 57), s. 4

F24 Words repealed by Criminal Law Act 1977 (c. 45), Sch. 13

Modifications etc. (not altering text)

C1 Sch. 2 Pt. II para. 10 amended (4.7.1996) by 1996 c. 25, s.56 (with s. 78(1))

C2 Sch. 2 Pt. II paras 33-36: Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)