SCHEDULE 2Offences specified for the purposes of regulation 7(9) and (10)
PART 1
Offences in England and Wales1
Any of the following offences against an adult—
a
an offence of rape under section 1 of the Sexual Offences Act 200318,
b
an offence of assault by penetration under section 2 of that Act,
c
an offence of causing a person to engage in sexual activity without consent under section 4 of that Act, if the activity fell within subsection (4) of that section,
d
an offence of sexual activity with a person with a mental disorder impeding choice under section 30 of that Act, if the touching fell within subsection (3) of that section,
e
an offence of causing or inciting a person with a mental disorder impeding choice to engage in sexual activity under section 31 of that Act, if the activity caused or incited fell within subsection (3) of that section,
f
an offence of inducement, threat or deception to procure sexual activity with a person with a mental disorder under section 34 of that Act, if the touching involved fell within subsection (2) of that section, and
g
an offence of causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception under section 35 of that Act, if the activity fell within subsection (2) of that section.
Offences in Scotland
2
An offence under section 1 (rape) and 18 (rape of a young child) of the Sexual Offences (Scotland) Act 200919.
3
An offence specified in Schedule 1 to the Criminal Procedure (Scotland) Act 199520, except in a case where the offender was under the age of 20 at the time the offence was committed.
4
An offence of plagium (theft of a child below the age of puberty).
5
An offence under section 52 or 52A of the Civic Government (Scotland) Act 198221 (indecent photographs of children).
6
An offence under section 3 of the Sexual Offences (Amendment) Act 200022 (abuse of trust).
Offences in Northern Ireland
7
An offence under Article 5 (rape) and Article 12 (rape of a child under 13) of the Sexual Offences (Northern Ireland) Order 200823.
8
An offence specified in Schedule 1 to the Children and Young Persons Act (Northern Ireland) 196824, except in the case where the offender was under the age of 20 at the time the offence was committed.
9
An offence under Article 3 of the Protection of Children (Northern Ireland) Order 197825 (indecent photographs).
10
An offence contrary to Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 198826 (possession of indecent photographs of children).
PART 2
11
1
An offence under any of the following sections of the Sexual Offences Act 195627—
a
section 1 (rape),
b
section 5 (intercourse with girl under 13),
c
subject to paragraph 14, section 6 (intercourse with girl between 13 and 16),
d
section 19 or 20 (abduction of girl under 18 or 16),
e
section 25 or 26 (permitting girl under 13, or between 13 and 16, to use premises for intercourse), and
f
section 28 (causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under 16).
2
An offence under section 1 of the Indecency with Children Act 196028 (indecent conduct towards young child).
3
An offence under section 54 of the Criminal Law Act 197729 (inciting girl under 16 to incest).
4
An offence under section 3 of the Sexual Offences (Amendment) Act 200030 (abuse of trust).
12
A person falls within this paragraph if the person has been convicted of any of the following offences against a child committed at the age of 18 or over or has been cautioned by a constable in respect of any such offence—
a
an offence under section 2 or 3 of the Sexual Offences Act 1956 (procurement of woman by threats or false pretences),
b
an offence under section 4 of that Act (administering drugs to obtain or facilitate intercourse),
c
an offence under section 14 or 15 of that Act (indecent assault),
d
an offence under section 16 of that Act (assault with intent to commit buggery),
e
an offence under section 17 of that Act (abduction of woman by force or for the sake of her property), and
f
an offence under section 24 of that Act (detention of woman in brothel or other premises).
13
A person falls within this paragraph if the person has been convicted of any of the following offences committed at the age of 18 or over or has been cautioned by a constable in respect of any such offence—
a
an offence under section 7 of the Sexual Offences Act 1956 (intercourse with defective) by having sexual intercourse with a child,
b
an offence under section 9 of that Act (procurement of defective) by procuring a child to have sexual intercourse,
c
an offence under section 10 of that Act (incest by a man) by having sexual intercourse with a child,
d
an offence under section 11 of that Act (incest by a woman) by allowing a child to have sexual intercourse with her,
e
subject to paragraph 14, an offence under section 12 of that Act by committing buggery with a child under the age of 16,
f
subject to paragraph 14, an offence under section 13 of that Act by committing an act of gross indecency with a child,
g
an offence under section 21 of that Act (abduction of defective from parent or guardian) by taking a child out of the possession of her parent or guardian,
h
an offence under section 22 of that Act (causing prostitution of women) in relation to a child,
i
an offence under section 23 of that Act (procuration of girl under 21) by procuring a child to have sexual intercourse with a third person,
j
an offence under section 27 of that Act (permitting defective to use premises for intercourse) by inducing or suffering a child to resort to or be on premises for the purpose of having sexual intercourse,
k
an offence under section 29 of that Act (causing or encouraging prostitution of defective) by causing or encouraging the prostitution of a child,
l
an offence under section 30 of that Act (man living on earnings of prostitution) in a case where the prostitute is a child,
m
an offence under section 31 of that Act (woman exercising control over prostitute) in a case where the prostitute is a child,
n
an offence under section 128 of the Mental Health Act 195931 (sexual intercourse with patients), notwithstanding that the provision has been repealed, by having sexual intercourse with a child,
o
an offence under section 4 of the Sexual Offences Act 196732 (procuring others to commit homosexual acts) (notwithstanding that the provision has been repealed) by—
i
procuring a child to commit an act of buggery with any person, or
ii
procuring any person to commit an act of buggery with a child,
p
an offence under section 5 of that Act (living on earnings of male prostitution) by living wholly or in part on the earnings of prostitution of a child, and
q
an offence under section 9(1)(a) of the Theft Act 196833 (burglary), by entering a building or part of a building with intent to rape a child.
14
Paragraphs 11(1)(c) and 13(e) and (f) do not include offences in a case where the offender was under the age of 20 at the time the offence was committed.