Sexual Offences Act 1956

SCHEDULES

Section 35.

FIRST SCHEDULE Rights of Landlord where Tenant convicted of 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 Furnished Houses (Rent Control) Act, 1946, Part II of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act, 1951, and Part I of the Landlord and Tenant Act, 1954.

Section 37.

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

PART I

Felonies and attempts at felonies

Offence	Mode of prosecution	Punishment	Provisions as to alternative verdicts etc.
1. (a) Rape (section one)	On indictment, not triable at quarter sessions.	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); or (iv) of intercourse with a girl under thirteen (section five); or (v) of intercourse with a girl between thirteen and sixteen (section six); or (vi) of intercourse with an idiot or imbecile (section seven); or (vii) of intercourse with a defective (section eight); or (viii) of incest (section ten); or (ix) of indecent assault on a woman (section fourteen).
(b) An attempt to commit this offence.	On indictment	Seven years	—
2. (a) Intercourse with girl under thirteen (section five).	On indictment, not triable at quarter sessions.	Life	The jury may find the accused guilty of any of the offences mentioned in paragraphs (i), (ii), (iii), (v), (vi), and (ix) of the foregoing entry in this column.
(b) An attempt to commit this offence.	On indictment, not triable at quarter sessions.	Two years	—
3. (a) Buggery (section twelve)	On indictment, not triable at quarter sessions.	Life	—
(b) An attempt to commit this offence.	On indictment	Ten years	—
4. Abduction of woman by force or for the sake of her property (section seventeen).	On indictment, not triable at quarter sessions.	Fourteen years	—
5. Fraudulent abduction of heiress from parent or guardian (section eighteen).	On indictment, not triable at quarter sessions.	Fourteen year	—
6. Permitting girl under thirteen to use premises for intercourse (section twenty-five).	On indictment, not triable at quarter sessions.	Life	The jury may find the accused guilty of an offence under section three of the Children and Young Persons Act, 1933.

PART II

Offences other than felonies and attempts at felonies

7. (a) Procurement of woman by threats (section two).	On indictment, not triable at quarter sessions.	Two years	—
(b) An attempt to commit this offence.	On indictment, not triable at quarter sessions.	Two years	—
8. Procurement ot woman by false pretences (section three).	On indictment, not triable at quarter sessions.	Two years	—
9. Administering drugs to obtain or facilitate intercourse (section four).	On indictment, not triable at quarter sessions.	Two years	—
10. (a) Intercourse with girl between thirteen and sixteen (section six).	On indictment, not triable at quarter sessions; 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, not triable at quarter sessions; a prosecution may not be commenced more than twelve months after the offence charged.	Two years	—
11. (a) Intercourse with idiot or imbecile (section seven).	On indictment, not triable at quarter sessions.	Two years	—
(b) An attempt to commit this offence.	On indictment, not triable at quarter sessions.	Two years	—
12. (a) Intercourse with defective (section eight).	On indictment, not triable at quarter sessions.	Two years	—
(b) An attempt to commit this offence.	On indictment, not triable at quarter sessions.	Two years	—
13. (a) Procurement of defective (section nine).	On indictment, not triable at quarter sessions.	Two years	—
(b) An attempt to commit this offence.	On indictment, not triable at quarter sessions.	Two years	—
14. (a) Incest by a man (section ten).	On indictment, not triable at quarter sessions; a prosecution may not be commenced without the sanction of the Attorney General, except by or on behalf of the Director of Public Prosecutions (subject however to sections thirteen and forty of the Children and Young Persons Act, 1933).	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); or (iii) of intercourse with an idiot or imbecile (section seven).
(b) An attempt to commit this offence.	On indictment, not triable at quarter sessions; a prosecution may not be commenced without the sanction of the Attorney General, except by or on behalf of the Director of Public Prosecutions (subject however to sections thirteen and forty of the Children and Young Persons Act. 1933).	Two years	—
15. (a) Incest by a woman (section eleven).	On indictment, not triable at quarter sessions; a prosecution may not be commenced without the sanction of the Attorney General, except by or on behalf of the Director of Public Prosecutions (subject however to sections thirteen and forty of the Children and Young Persons Act, 1933).	Seven years	—
(b) An attempt to commit this offence.	On indictment, not triable at quarter sessions; a prosecution may not be commenced without the sanction of the Attorney General, except by or on behalf of the Director of Public Prosecutions (subject however to sections thirteen and forty of the Children and Young Persons Act, 1933).	Two years	—
16. (a) Indecency between men (section thirteen).	On indictment, triable at quarter sessions under section two of the Administration of Justice (Miscellaneous Provisions) Act, 1938 (which relates to courts with a legally qualified chairman), but not otherwise.	Two years	—
(b) An attempt to procure the commission by a man of an act of gross indecency with another man.	On indictment triable at quarter sessions under section two of the Administration of Justice (Miscellaneous Provisions) Act, 1938 (which relates to courts with a legally qualified chairman), but not otherwise.	Two years	—
17. Indecent assault on a woman (section fourteen).	(i) On indictment	Two years	—
	(ii) Where section nineteen of the Magistrates' Courts Act, 1952, applies, summarily under that section.	As provided by that section (that is to say, six months, or one hundred pounds, or both).	—
18. Indecent assault on a man (section fifteen).	(i) On indictment	Ten years	—
	(ii) Where section nineteen of the Magistrates' Courts Act, 1952, applies, summarily under that section.	As provided by that section (that is to say, six months or one hundred pounds, 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, not triable at quarter sessions.	Two years	—
21. Abduction of girl under sixteen from parent or guardian (section twenty).	On indictment, not triable at quarter sessions.	Two years	—
22. Abduction of defective from parent or guardian (section twenty-one).	On indictment, not triable at quarter sessions.	Two years	—
23. (a) Causing prostitution of a woman (section twenty-two).	On indictment, not triable at quarter sessions.	Two years	—
(b) An attempt to commit this offence.	On indictment, not triable at quarter sessions.	Two years	—
24. (a) Procuration of girl under twenty-one (section twenty-three).	On indictment, not triable at quarter sessions.	Two years	—
(b) An attempt to commit this offence.	On indictment, not triable at quarter sessions.	Two years	—
25. Detention of woman in brothel (section twenty-four).	On indictment, not triable at quarter sessions.	Two years	—
26. Permitting girl between thirteen and sixteen to use premises for intercourse (section twenty-six).	On indictment, not triable at quarter sessions.	Two years	The jury may find the accused guilty of an offence under section three of the Children and Young Persons Act, 1933.
27. Permitting defective to use premises for intercourse (section twenty-seven).	On indictment, not triable at quarter sessions.	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, not triable at quarter sessions.	Two years	—
30. Living on earnings of prostitution (section thirty).	(i) On indictment	Two years	—
	(ii) Summarily	Six months	The accused cannot claim to be tried on indictment under section twenty-five of the Magistrates' Courts Act, 1952.
31. Controlling a prostitute (section thirty-one).	(i) On indictment	Two years	—
	(ii) Summarily	Six months	The accused cannot claim to be tried on indictment under section twenty-five of the Magistrates' Courts Act, 1952.
32. Solicitation by a man (section thirty-two).	(i) On indictment	Two years	—
	(ii) Summarily	Six months	The accused cannot claim to be tried on indictment under section twenty-five of the Magistrates' Courts Act, 1952.
33. Keeping a brothel (section thirty-three).	Summarily (but subject to the right of the accused, if he has been previously convicted, to claim under section twenty-five of the Magistrates' Courts Act, 1952, to be tried on indictment).	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 (but subject to the right of the accused, if he has been previously convicted, to claim under section twenty-five of the Magistrates' Courts Act, 1952, to be tried on indictment).	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 (but subject to the right of the accused, if he has been previously convicted, to claim under section twenty-five of the Magistrates' Courts Act, 1952, to be tried on indictment).	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-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 (but subject to the right of the accused, if he has been previously convicted, to claim under section twenty-five of the Magistrates' Courts Act, 1952, to be tried on indictment).	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.

Section 48.

THIRD SCHEDULE Consequential Amendments of Enactments not Consolidated

Enactment and subject matter	Amendment
THE EXTRADITION ACT, 1873
First Schedule (List of extradition crimes).	At the end of the Schedule there shall be added the entry— Any indictable offence under the Sexual Offences Act, 1956, or any Act amending or substituted for the same, which is not included in the first schedule to the principal Act, and in the case of sections two, five to twelve twenty-two and twenty-three of the Sexual Offences Act, 1956, any attempt to commit the offence.
THE CHILDREN AND YOUNG PERSONS ACT, 1933
Section fifteen (Evidence of accused's husband or wife).	After the words " the offences mentioned in the First Schedule to this Act" there shall be inserted the words " otherwise than in the entry relating to the Sexual Offences Act, 1956 ".
Subsection (1) of section sixty-one (Meaning of "in need of care and protection ").	In sub-paragraph (iv) of paragraph (b) for the words " has committed an offence under the Punishment of Incest Act, 1908 " there shall be substituted the words " has committed or attempted to commit an offence under section ten of the Sexual Offences Act, 1956 ".
Subsection (2) of section ninety-nine (Presumption as to 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 FIREARMS ACT, 1937
Third Schedule (Offences in connection with which the carrying of firearms is penalised by sub section (2) of section twenty three of the Act).	After the entry relating to the Road Traffic Act, 1930, there shall be inserted the following entry:— Offences under the following provisions of the Sexual Offences Act, 1956, that is to say, section one, section seventeen, section eighteen and section twenty.
THE ADMINISTRATION OF JUSTICE (MISCELLANEOUS PROVISIONS) ACT, 1938.
First Schedule (Offences to which the provisions of section two as to the jurisdiction of quarter sessions apply).	For paragraph 5 there shall be substituted the following paragraph:— 5 Offences under section thirteen of the Sexual Offences Act, 1956.
THE MAGISTRATES' COURTS ACT, 1952.
Subsection (1) of section twenty five (Right to claim trial by jury).	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

Section 51.

FOURTH SCHEDULE Repeals

Session and Chapter	Short Title	Extent of Repeal
24 & 25 Vict. c. 100.	The Offences against the Person Act, 1861.	Sections forty-eight, fifty-two to fifty-five and sixty-one to sixty-three and, so far as they relate to offences mentioned in those sections, sections sixty-four to sixty-eight and seventy-one.
48 & 49 Vict. c. 69.	The Criminal Law Amendment Act, 1885.	The whole Act.
61 & 62 Vict. c. 36.	The Criminal Evidence Act, 1898.	In the Schedule, the entries relating to the Offences against the Person Act, 1861, to the Criminal Law Amendment Act, 1885, to the Punishment of Incest Act, 1908, and to the Mental Deficiency Act, 1913.
61 & 62 Vict. c. 39.	The Vagrancy Act, 1898	The whole Act.
8 Edw. 7. c. 45.	The Punishment of Incest Act, 1908.	The whole Act.
2 & 3 Geo. 5. c. 20.	The Criminal Law Amendment Act, 1912.	The whole Act.
3 & 4 Geo. 5. c. 28.	The Mental Deficiency Act, 1913.	Section fifty-six; in subsection (1) of section sixty, the words "except where otherwise expressly provided ".
12 & 13 Geo. 5. c. 56.	The Criminal Law Amendment Act, 1922.	The whole Act.
15 & 16 Geo. 5. c. 86.	The Criminal Justice Act, 1925.	Paragraph 3 of the First Schedule.
18 & 19 Geo. 5. c. 42.	The Criminal Law Amendment Act, 1928.	The whole Act.
19 & 20 Geo. 5. c. 36.	The Age of Marriage Act, 1929.	The proviso to subsection (1) of section one.
23 & 24 Geo. 5. c. 12.	The Children and Young Persons Act, 1933.	Section two; subsection (2) of section three; in the First Schedule, the words " fifty-five", the words " fifty-two or sixty-two ", the words " or under the Criminal Law Amendment Act, 1885", the entry relating to the Punishment of Incest Act, 1908, and the word " two " in the next following entry.
1 Edw. 8. and 1 Geo. 6. c. 12.	The Firearms Act, 1937.	In the Third Schedule, in the entry relating to the Offences against the Person Act, 1861, the words "forty-eight, and sections fifty-three to ".
11 & 12 Geo. 6. c. 19.	The Attempted Rape Act, 1948.	The whole Act.
14 & 15 Geo. 6. c. 36.	The Criminal Law Amendment Act, 1951.	The whole Act.
15 & 16 Geo. 6. and 1 Eliz. 2. c. 67.	The Visiting Forces Act, 1952.	In sub-paragraph (b) of paragraph 1 of the Schedule, paragraphs (ii) and (iii) and in paragraph (iv) the words " section fifty-six of the Mental Deficiency Act, 1913, and ".

Table of Statutes referred to in this Act

Short Title	Session and Chapter
Extradition Act, 1873	36 & 37 Vict. c. 60.
Criminal Law Amendment Act, 1885	48 & 49 Vict. c. 69.
Interpretation Act, 1889	52 & 53 Vict. c. 63.
Criminal Evidence Act, 1898	61 & 62 Vict. c. 36.
Punishment of Incest Act, 1908	8 Edw. 7. c. 45.
Criminal Law Amendment Act, 1912	2 & 3 Geo. 5. c. 20.
Mental Deficiency Act, 1913	3 & 4 Geo. 5. c. 28.
Government of Ireland Act, 1920	10 & 11 Geo. 5. c. 67.
Criminal Law Amendment Act, 1922	12 & 13 Geo. 3. c. 56.
Age of Marriage Act, 1929	19 & 20 Geo. 5. c. 36.
Road Traffic Act, 1930	20 & 21 Geo. 5. c. 43.
Children and Young Persons Act, 1933	23 & 24 Geo. 5. c. 12.
Firearms Act, 1937	1 Edw. 8. & I Geo. 6. c. 12.
Administration of Justice (Miscellaneous Provisions) Act, 1938	1 & 2 Geo. 6. c. 63.
Education Act, 1944	7 & 8 Geo. 6. c. 31.
Furnished Houses (Rent Control) Act, 1946	9 & 10 Geo. 6. c. 34.
Consolidation of Enactments (Procedure) Act, 1949	12, 13 & 14 Geo. 6. c. 33.
Marriage Act, 1949	12, 13 & 14 Geo. 6. c. 76.
Adoption Act, 1950	14 Geo. 6. c. 26.
Reserve and Auxiliary Forces (Protection of Civil Interests) Act, 1951	14 & 15 Geo. 6. c. 65.
Magistrates' Courts Act, 1952	15 & 16 Geo. 6. & 1 Eliz. 2. c. 55.
Visiting Forces Act, 1952	15 & 16 Geo. 6. & 1 Eliz. 2. c. 67.
Landlord and Tenant Act, 1954	2 & 3 Eliz. 2. c. 56.