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Sexual Offences Act 1956

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Changes over time for: Part II

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Version Superseded: 08/01/2001

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Part IIE+WOffences other than felonies and attempts at felonies

OffenceMode of ProsecutionPunishmentProvisions as to alternative verdicts etc.
7.(a) Procurement of woman by threats (section two).On indictment, F1 . . .Two years
(b) An attempt to commit this offence.On indictment, F1 . . .Two years
8.Procurement of woman by false pretences (section three).On indictment, F1 . . .Two years
9.Administering drugs to obtain or facilitate intercourse (section four). On indictment, F1 . . .Two years
10.(a) Intercourse with girl [F2under 16] (section six).On indictment, F1 . . . ; 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, F1 . . . ; a prosecution may not be commenced more than twelve months after the offence charged.Two years
11.(a)Intercourse with [F3defective] (section seven). On indictment, F1 . . .Two years
(b)An attempt to commit this offence.On indictment, F1 . . .Two years
12. F4 . . .
13.(a)Procurement of defective (section nine).On indictment, F1 . . .Two years
(b)An attempt to commit this offence.On indictment, F1 . . .Two years
14.(a) Incest by a man (section ten).On indictment, F1 . . . ; a prosecution may not be commenced [F5except by or with the consent] of the Director of Public Prosecutions F6 . . .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) F7 . . .

(b)An attempt to commit this offence.On indictment, F1 . . . ; a prosecution may not be commenced [F5except by or with the consent] of the Director of Public Prosecutions F6 . . .[F8If 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, F1 . . . ; a prosecution may not be commenced [F5except by or with the consent] of the Director of Public Prosecutions F6 . . .Seven years
(b)An attempt to commit this offence. On indictment, F1 . . . ; a prosecution may not be commenced [except by or with the consent] of the Director of Public ProsecutionsTwo years
16. (a) Indecency between men (section thirteen).On indictment F1 . . . ;[F9If 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, F1 . . .[F9If 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

[F10(ii)summarily (by virtue of [F11section 17(1) of the Magistrates’ Courts Act 1980])]

[F12Ten years]

[F13As provided by [F14section 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

[F10(ii) summarily (by virtue of [F11section 17(1) of the Magistrates’ Courts Act 1980]]

Ten years

[F13As provided by [F14section 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 indictmentTen years
20.Abduction of girl under eighteen from parent or guardian (section nineteen).On indictment, F1 . . .Two years
21.Abduction of girl under sixteen from parent or guardian (section twenty).On indictment, F1 . . .Two years
22.Abduction of defective from parent or guardian (section twenty-one).On indictment, F1 . . .Two years
23. (a) Causing prostitution of a woman (section twenty-two)On indictment, F1 . . .Two years
(b)An attempt to commit this offenceOn indictment, F1 . . .Two years
24. (a)Procuration of girl under twenty-one (section twenty-three).On indictment, F1 . . .Two years
(b)An attempt to commit this offence.Two years
25.Detention of woman in brothel (section twenty-four).On indictment, F1 . . .Two years
26.Permitting girl [F2 under 16] to use premises for intercourse (section twenty-six).On indictment, F1 . . .Two yearsF15 . . .
27.Permitting defective to use premises for intercourse (section twenty-seven).On indictment, F1 . . .Two years
28.Causing or encouraging prostitution, etc., of girl under sixteen (section twenty-eight).On indictmentTwo years
29.Causing or encouraging prostitution of defective (section twenty-nine).On indictment, F1 . . .Two years
30.Living on earnings of prostitution (section thirty).

(i) On indictment

(ii) Summarily

[F16Seven years]

Six months

F17 . . .
31. Controlling a prostitute (section thirty-one).

(i)On indictment

(ii) Summarily

[F16Seven years]

Six months

F17 . . .
32. Solicitation by a man (section thirty-two).

(i) On indictment

(ii) Summarily

Two years

Six months

F17 . . .
33. Keeping a brothel (section thirty-three).Summarily F17 . . .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 F17 . . .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 F17 . . .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 F17 . . .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

F7Word "or" and para. (iii) repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III

F8Words substituted by Indecency with Children Act 1960 (c. 33), s. 2(3)

F9Entries in Sch. 2 Pt. II para. 16(a)(b) substituted (3.11.1994) by 1994 c. 33, ss. 144(3)(a)(b), 172(4)

F10Words in sub para. (ii) substituted by Criminal Law Act 1977 (c. 45), Sch. 12

Modifications etc. (not altering text)

C1Sch. 2 Pt. II para. 10 amended (4.7.1996) by 1996 c. 25, s.56 (with s. 78(1))

C2Sch. 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.)

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