SCHEDULES

FIRST SCHEDULE Rights of Landlord where Tenant convicted of

Section 35.

permitting use of premises as Brothel

1

Upon the conviction of the tenant or occupier (in this Schedule referred to as “the tenant”), the lessor or landlord may require the tenant to assign the lease or other contract under which the premises are held by him to some person approved by the lessor or landlord.

2

If the tenant fails to do so within three months, the lessor or landlord may determine the lease or contract (but without prejudice to the rights or remedies of any party thereto accrued before the date of the determination).

3

Where the lease or contract is determined under this Schedule, the court by which the tenant was convicted may make a summary order for delivery of possession of the premises to the lessor or landlord.

4

The approval of the lessor or landlord for the purposes of paragraph 1 of this Schedule shall not be unreasonably withheld.

5

This Schedule shall have effect subject to the Rent and Mortgage Interest Restrictions Acts 1920 to 1939, the M1Furnished Houses (Rent Control) Act 1946, Part II of the M2Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951, and Part I of the M3Landlord and Tenant Act 1954 F1Part I of the Housing Act 1988 and Schedule 10 to the Local Government and Housing Act 1989.

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

Section 37.

Part IFelonies and attempts of felonies

Annotations:
Amendments (Textual)
F7

Word "or" and paras (iv)-(ix) repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt.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

F10

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

F11

Words substituted by Sexual Offences Act 1967 (c. 60), s. 3(4)

Offence

Mode of Prosecution

Punishment

Provisions as to alternative verdicts etc.

1. (a) Rape (section one)

On indictment, F6 . . .

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) F7 . . .

(b)An attempt to commit this offence.

On indictment

F8L ife

2. (a) Intercourse with girl under thirteen (section five).

On indictment, F6 . . .

Life

F9 . . .

(b)An attempt to commit this offence

On indictment, F6 . . .

F10Seven years

3.(a) Buggery (section twelve).

On indictment, F6 . . .

F11if with a boy under the age of sixteen or with a woman or an animal, life; otherwise the relevant punishment prescribed by section 3 of the Sexual Offences Act 1967.

(b) An attempt to commit this offence.

On indictment

F11If with a boy under the age of sixteen or with a woman or an animal, ten years.

4.Abduction of woman by force or for the sake of her property (section seventeen).

On indictment, F6 . . .

Fourteen years

5. F12 . . .

6.Permitting girl under thirteen to use premises for intercourse (section twenty-five).

On indictment, F6 . . .

Life

Part IIOffences other than felonies and attempts at felonies

Annotations:
Amendments (Textual)
F17

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

F19

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

F20

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

F21

Words substituted by Sexual Offences Act 1967 (c. 60), s. 3(4)

F22

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

F25

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

F28

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

Modifications etc. (not altering text)
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.)

Offence

Mode of Prosecution

Punishment

Provisions as to alternative verdicts etc.

7.(a) Procurement of woman by threats (section two).

On indictment, F13 . . .

Two years

(b) An attempt to commit this offence.

On indictment, F13 . . .

Two years

8.Procurement of woman by false pretences (section three).

On indictment, F13 . . .

Two years

9.Administering drugs to obtain or facilitate intercourse (section four).

On indictment, F13 . . .

Two years

10.(a) Intercourse with girl F14under 16 (section six).

On indictment, F13 . . . ; 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, F13 . . . ; a prosecution may not be commenced more than twelve months after the offence charged.

Two years

11.(a)Intercourse with F15defective (section seven).

On indictment, F13 . . .

Two years

(b)An attempt to commit this offence.

On indictment, F13 . . .

Two years

12. F16 . . .

13.(a)Procurement of defective (section nine).

On indictment, F13 . . .

Two years

(b)An attempt to commit this offence.

On indictment, F13 . . .

Two years

14.(a) Incest by a man (section ten).

On indictment, F13 . . . ; a prosecution may not be commenced F17except by or with the consent of the Director of Public Prosecutions F18 . . .

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) F19 . . .

(b)An attempt to commit this offence.

On indictment, F13 . . . ; a prosecution may not be commenced F17except by or with the consent of the Director of Public Prosecutions F18 . . .

F20If 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, F13 . . . ; a prosecution may not be commenced F17except by or with the consent of the Director of Public Prosecutions F18 . . .

Seven years

(b)An attempt to commit this offence.

On indictment, F13 . . . ; 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 F13 . . . ;

F21If by a man of or over the age of twenty-one with a man under that age, 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, F13 . . .

F21If the attempt is by a man of or over the age of twenty-one to procure a man under that age 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

F22(ii)summarily (by virtue of F23section 17(1) of the Magistrates’ Courts Act 1980)

F24Ten years

F25As provided by F26section 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

F22(ii) summarily (by virtue of F23section 17(1) of the Magistrates’ Courts Act 1980

Ten years

F25As provided by F26section 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, F13 . . .

Two years

21.Abduction of girl under sixteen from parent or guardian (section twenty).

On indictment, F13 . . .

Two years

22.Abduction of defective from parent or guardian (section twenty-one).

On indictment, F13 . . .

Two years

23. (a) Causing prostitution of a woman (section twenty-two)

On indictment, F13 . . .

Two years

(b)An attempt to commit this offence

On indictment, F13 . . .

Two years

24. (a)Procuration of girl under twenty-one (section twenty-three).

On indictment, F13 . . .

Two years

(b)An attempt to commit this offence.

Two years

25.Detention of woman in brothel (section twenty-four).

On indictment, F13 . . .

Two years

26.Permitting girl F14 under 16 to use premises for intercourse (section twenty-six).

On indictment, F13 . . .

Two years

F27 . . .

27.Permitting defective to use premises for intercourse (section twenty-seven).

On indictment, F13 . . .

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, F13 . . .

Two years

30.Living on earnings of prostitution (section thirty).

(i) On indictment

(ii) Summarily

F28Seven years

Six months

F29 . . .

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

(i)On indictment

(ii) Summarily

F28Seven years

Six months

F29 . . .

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

(i) On indictment

(ii) Summarily

Two years

Six months

F29 . . .

C233. Keeping a brothel (section thirty-three).

Summarily F29 . . .

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.

C234. Letting premises for use as brothel (section thirty-four).

Summarily F29 . . .

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.

C235. Tenant permitting premises to be used as brothel (section thirty-five).

Summarily F29 . . .

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.

C236. Tenant permitting premises to be used for prostitution (section thirty-six).

Summarily F29 . . .

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.

C1Third Schedule Consequential Amendments of Enactments not Consolidated.

Section 48.

Annotations:
Amendments (Textual)
F2

Sch. 3 entry relating to Extradition Act 1873 repealed by Extradition Act 1989 (c. 33, SIF 48), s. 37, Sch. 2

F3

Sch. 3 entry relating to s. 15 of the Children and Young Persons Act 1933 repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(2), Sch. 7 Pt. V and expressed to be repealed (5.11.1993) by Statute Law (Repeals) Act 1993 c. 50, s. 1(1), Sch. 1 Pt. I Gp.1

Modifications etc. (not altering text)
C1

The text of Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Enactment and Subject matter

Amendment

. . . F2

. . . F2

The Children and Young Persons Act, 1933.

. . . F3

. . . F3

Subsection (2) of section ninety-nine (Presumption as to the truth of allegations about a person’s age in a charge or indictment).

for the words “except an offence under the Criminal Law Amendment Act, 1885” there shall be substituted the words “except as provided in that Schedule”.

First Schedule (Offences to which special provisions of the Act apply).

Immediately before the last entry there shall be inserted the following entry:— “Any offence against a child or young person under any of the following sections of the Sexual Offences Act, 1956, that is to say sections two to seven, ten to sixteen, nineteen, twenty, twenty-two to twenty-six and twenty-eight, and any attempt to commit against a child or young person an offence under section two, five, six, seven, ten, eleven, twelve, twenty-two or twenty-three of that Act: Provided that for the purposes of subsection (2) of section ninety-nine of this Act this entry shall apply so far only as it relates to offences under sections ten, eleven, twelve, fourteen, fifteen, sixteen, twenty and twenty-eight of the Sexual Offences Act, 1956 and attempts to commit offences under sections ten, eleven and twelve of that Act.”

The Magistrates’ Courts Act, 1952.

For the words “under section one of the Vagrancy Act, 1898” there shall be substituted the words “under section thirty, thirty-one or thirty-two of the Sexual Offences Act, 1956”.

The Visiting Forces Act, 1952.

Paragraph 1 of the Schedule (Offences not triable by United kingdom courts in the cases provided for by section three of the Act).

At the end of sub-paragraph (b) there shall be added as a new paragraph (viii):— “(viii) sections two to twenty-eight of the Sexual Offences Act 1956.”

. . . F4

F5F5SCHEDULE 4

Annotations:
Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5