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Sexual Offences Bill [HL]
Schedule 1 — Extension of gender-specific prostitution offences | 75 |
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Schedules | |
Schedule 1 | |
Section 57 | |
Extension of gender-specific prostitution offences | |
Sexual Offences Act 1956 (c. 69) | |
1 In section 36 of the Sexual Offences Act 1956 (permitting premises to be used | 5 |
for prostitution), at the end insert “(whether any prostitute involved is male | |
or female)”. | |
Street Offences Act 1959 (c. 57) | |
2 In section 1(1) of the Street Offences Act 1959 (loitering or soliciting for | |
purposes of prostitution), after “prostitute” insert “(whether male or | 10 |
female)”. | |
3 (1) Section 2 of that Act (application to court by woman cautioned for loitering | |
or soliciting) is amended as follows. | |
(2) In the heading of the section, for “woman” substitute “person”. | |
(3) In subsection (1)— | 15 |
(a) for “woman” substitute “person”, | |
(b) for “her” in each place substitute “his”, and | |
(c) for “she” in each place substitute “he”. | |
(4) In subsection (2)— | |
(a) for “woman” in the first place substitute “person”, | 20 |
(b) for “he” substitute “the chief officer”, and | |
(c) for “woman” in the second place substitute “person cautioned”. | |
(5) In subsection (3), for “woman” substitute “person cautioned”. | |
Sexual Offences Act 1985 (c. 44) | |
4 (1) The Sexual Offences Act 1985 is amended as follows. | 25 |
(2) For the heading “Soliciting of women by men” substitute “Soliciting for the | |
purpose of prostitution”. | |
(3) In section 1 (kerb-crawling)— | |
(a) for “man” substitute “person”, | |
(b) for “a woman” substitute “another person”, | 30 |
(c) for “women” in each place substitute “persons”, and | |
(d) for “the woman” substitute “the person”. | |
(4) In section 2 (persistent soliciting of women for the purpose of prostitution)— | |
(a) for the heading of the section substitute “Persistent soliciting”, | |
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(b) for “man” substitute “person”, | |
(c) for “a woman” substitute “another person”, and | |
(d) for “women” substitute “persons”. | |
(5) In section 4 (interpretation)— | |
(a) omit subsections (2) and (3), | 5 |
(b) for “man” substitute “person”, | |
(c) for “a woman” substitute “another person”, | |
(d) for “her” in the first place substitute “that person”, and | |
(e) for “her” in the second place substitute “that person’s”. | |
Schedule 2 | 10 |
Section 73(7) | |
Sexual offences to which section 73 applies | |
England and Wales | |
1 In relation to England and Wales, the following are sexual offences to which | |
section 73 applies— | |
(a) an offence under any of sections 6 to 15 and 17 (offences against | 15 |
children under 13 or under 16); | |
(b) an offence under any of sections 1 to 5, 18 to 43, 49 to 52 and 62 where | |
the victim of the offence was under 16 at the time of the offence; | |
(c) an offence under section 63 or 64 where the intended offence was an | |
offence against a person under 16; | 20 |
(d) an offence under— | |
(i) section 1 of the Protection of Children Act 1978 (c. 37) | |
(indecent photographs of children), or | |
(ii) section 160 of the Criminal Justice Act 1988 (c. 33) (possession | |
of indecent photograph of child), | 25 |
in relation to a photograph or pseudo-photograph showing a child | |
under 16. | |
Northern Ireland | |
2 (1) In relation to Northern Ireland, the following are sexual offences to which | |
section 73 applies— | 30 |
(a) an offence of rape; | |
(b) an offence of indecent assault upon a female; | |
(c) an offence under— | |
(i) section 52 of the Offences against the Person Act 1861 | |
(indecent assault upon a female person), or | 35 |
(ii) section 53 or 54 of that Act (abduction of woman); | |
(d) an offence under— | |
(i) section 2 of the Criminal Law Amendment Act 1885 (c. 69) | |
(procuration of girl under 21), | |
(ii) section 3 of that Act (procuring defilement of woman using | 40 |
threats, etc.), | |
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(iii) section 4 of that Act of unlawful carnal knowledge of a girl | |
under 14, | |
(iv) section 5 of that Act of unlawful carnal knowledge of a girl | |
under 17, or | |
(v) section 7 of that Act (abduction of girl under 18); | 5 |
(e) an offence under— | |
(i) section 1 of the Punishment of Incest Act 1908 (c. 45) (incest | |
by males), or | |
(ii) section 2 of that Act (incest by females); | |
(f) an offence under— | 10 |
(i) section 21 of the Children and Young Persons Act (Northern | |
Ireland) 1968 (c. 34 (N.I.)) (causing or encouraging seduction, | |
etc. of girl under 17), or | |
(ii) section 22 of that Act (indecent conduct towards a child); | |
(g) an offence under Article 3 of the Protection of Children (Northern | 15 |
Ireland) Order 1978 (indecent photographs of children); | |
(h) an offence under Article 9 of the Criminal Justice (Northern Ireland) | |
Order 1980 (S.I. 1980/704 (N.I. 6)) (inciting girl under 16 to have | |
incestuous sexual intercourse); | |
(i) an offence under Article 15 of the Criminal Justice (Evidence, Etc.) | 20 |
(Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (indecent | |
photographs of children); | |
(j) an offence under— | |
(i) Article 19 of the Criminal Justice (Northern Ireland) Order | |
2003 (S.I. 2003/1247 (N.I. 13)) (buggery), | 25 |
(ii) Article 20 of that Order (assault with intent to commit | |
buggery), or | |
(iii) Article 21 of that Order (indecent assault on a male); | |
(k) an offence under— | |
(i) section 17 of this Act (meeting a child following sexual | 30 |
grooming etc.), or | |
(ii) any of sections 18 to 21 or 49 to 52 of this Act (abuse of trust, | |
prostitution, child pornography). | |
(2) Sub-paragraph (1), apart from paragraphs (h) and (i), does not apply where | |
the victim of the offence was 17 or over at the time of the offence. | 35 |
General | |
3 A reference in paragraph 1 or 2(1) to an offence includes— | |
(a) a reference to an attempt, conspiracy or incitement to commit that | |
offence; and | |
(b) a reference to aiding and abetting, counselling or procuring the | 40 |
commission of that offence. | |
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Schedule 3 | |
Section 81 | |
Sexual offences for purposes of Part 2 | |
England and Wales | |
1 An offence under section 1 of the Sexual Offences Act 1956 (c. 69) (rape). | |
2 An offence under section 5 of that Act (intercourse with girl under 13). | 5 |
3 An offence under section 6 of that Act (intercourse with girl under 16), if the | |
offender was 20 or over. | |
4 An offence under section 10 of that Act (incest by a man), if the victim or (as | |
the case may be) other party was under 18. | |
5 An offence under section 12 of that Act (buggery) if— | 10 |
(a) the offender was 20 or over, and | |
(b) the victim or (as the case may be) other party was under 18. | |
6 An offence under section 13 of that Act (indecency between men) if— | |
(a) the offender was 20 or over, and | |
(b) the victim or (as the case may be) other party was under 18. | 15 |
7 An offence under section 14 of that Act (indecent assault on a woman) if— | |
(a) the victim or (as the case may be) other party was under 18, or | |
(b) the offender, in respect of the offence or finding, is or has been— | |
(i) sentenced to imprisonment for a term of at least 30 months; or | |
(ii) admitted to a hospital subject to a restriction order. | 20 |
8 An offence under section 15 of that Act (indecent assault on a man) if— | |
(a) the victim or (as the case may be) other party was under 18, or | |
(b) the offender, in respect of the offence or finding, is or has been— | |
(i) sentenced to imprisonment for a term of at least 30 months; or | |
(ii) admitted to a hospital subject to a restriction order. | 25 |
9 An offence under section 16 of that Act (assault with intent to commit | |
buggery), if the victim or (as the case may be) other party was under 18. | |
10 An offence under section 28 of that Act (causing or encouraging the | |
prostitution of, intercourse with or indecent assault on girl under 16). | |
11 An offence under section 1 of the Indecency with Children Act 1960 (c. 33) | 30 |
(indecent conduct towards young child). | |
12 An offence under section 54 of the Criminal Law Act 1977 (c. 45) (inciting girl | |
under 16 to have incestuous sexual intercourse). | |
13 An offence under section 1 of the Protection of Children Act 1978 (c. 37) | |
(indecent photographs of children), if the indecent photographs or pseudo- | 35 |
photographs showed persons under 16. | |
14 An offence under section 170 of the Customs and Excise Management Act | |
1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods | |
prohibited to be imported under section 42 of the Customs Consolidation | |
Act 1876 (c. 36) (indecent or obscene articles), if the prohibited goods | 40 |
included indecent photographs of persons under 16. | |
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15 An offence under section 160 of the Criminal Justice Act 1988 (c. 33) | |
(possession of indecent photograph of a child), if the indecent photographs | |
or pseudo-photographs showed persons under 16. | |
16 An offence under section 3 of the Sexual Offences (Amendment) Act 2000 | |
(c. 44) (abuse of position of trust), if the offender was 20 or over. | 5 |
17 An offence under any of sections 1, 3, 6 and 7 of this Act (rape, assault by | |
penetration). | |
18 An offence under section 4 or 8 of this Act (sexual assault) if— | |
(a) where the offender was under 18, he is or has been sentenced, in | |
respect of the offence, to imprisonment for a term of at least 12 | 10 |
months; | |
(b) in any other case— | |
(i) the victim was under 18, or | |
(ii) the offender, in respect of the offence or finding, is or has | |
been— | 15 |
(a) sentenced to a term of imprisonment, | |
(b) detained in a hospital, or | |
(c) made the subject of a community sentence of at least | |
18 months, involving the offender being (for at least | |
some of that period) subject to a community | 20 |
rehabilitation order, community punishment and | |
rehabilitation order, supervision order or an | |
electronic monitoring requirement. | |
19 An offence under any of sections 5 or 9 to 13 of this Act (causing sexual | |
activity without consent, child sex offences committed by adults). | 25 |
20 An offence under section 14 of this Act (child sex offences committed by | |
children or young persons), if the offender is or has been sentenced, in | |
respect of the offence, to imprisonment for a term of at least 12 months. | |
21 An offence under section 15 of this Act (arranging or facilitating the | |
commission of a child sex offence) if, where the offender is under 18, he is or | 30 |
has been sentenced, in respect of the offence, to imprisonment for a term of | |
at least 12 months. | |
22 An offence under section 17 of this Act (meeting a child following sexual | |
grooming etc). | |
23 An offence under any of sections 18 to 21 of this Act (abuse of trust) if the | 35 |
offender, in respect of the offence, is or has been— | |
(a) sentenced to a term of imprisonment, | |
(b) detained in a hospital, or | |
(c) made the subject of a community sentence of at least 12 months. | |
24 An offence under any of sections 27, 28 or 32 to 39 of this Act (familial child | 40 |
sex offences, offences against persons with a mental disorder or learning | |
disability, inducements etc. to persons with mental disorder or learning | |
disability). | |
25 An offence under any of sections 40 to 43 of this Act (care workers for | |
persons with mental disorder or learning disability) if the offender, in | 45 |
respect of the offence or finding, is or has been— | |
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(a) sentenced to a term of imprisonment, | |
(b) detained in a hospital, or | |
(c) made the subject of a community sentence of at least 18 months, | |
involving the offender being (for at least some of that period) subject | |
to a community rehabilitation order, community punishment and | 5 |
rehabilitation order, supervision order or an electronic monitoring | |
requirement. | |
26 An offence under section 49 of this Act (paying for sexual services of a child) | |
if the victim or (as the case may be) other party was under 16. | |
27 An offence under section 62 of this Act (administering a substance with | 10 |
intent). | |
28 An offence under section 63 or 64 of this Act (committing an offence or | |
trespassing, with intent to commit a sexual offence) if— | |
(a) the intended offence was an offence against a person under 18, or | |
(b) the offender, in respect of the offence or finding, is or has been— | 15 |
(i) sentenced to a term of imprisonment, | |
(ii) detained in a hospital, or | |
(iii) made the subject of a community sentence of at least 12 | |
months. | |
29 An offence under section 65 or 66 of this Act (sex with an adult relative) if | 20 |
the offender, in respect of the offence or finding, is or has been— | |
(a) sentenced to a term of imprisonment, or | |
(b) detained in a hospital. | |
30 An offence under section 68 of this Act (exposure) if— | |
(a) where the offender was under 18, he is or has been sentenced to | 25 |
imprisonment for a term of at least 12 months; | |
(b) in any other case— | |
(i) the victim was under 18, or | |
(ii) the offender, in respect of the offence or finding, is or has | |
been— | 30 |
(a) sentenced to a term of imprisonment, | |
(b) detained in a hospital, or | |
(c) made the subject of a community sentence of at least | |
18 months, involving the offender being (for at least | |
some of that period) subject to a community | 35 |
rehabilitation order, community punishment and | |
rehabilitation order, supervision order or an | |
electronic monitoring requirement. | |
31 An offence under section 69 of this Act (voyeurism) if— | |
(a) where the offender was under 18, he is or has been sentenced to | 40 |
imprisonment for a term of at least 12 months; | |
(b) in any other case— | |
(i) the victim was under 18, or | |
(ii) the offender, in respect of the offence or finding, is or has | |
been— | 45 |
(a) sentenced to a term of imprisonment, or | |
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(b) detained in a hospital. | |
32 An offence under section 71 or 72 of this Act (intercourse with an animal, | |
sexual penetration of a corpse) if the offender, in respect of the offence or | |
finding, is or has been— | |
(a) sentenced to a term of imprisonment, or | 5 |
(b) detained in a hospital. | |
Scotland | |
33 Rape. | |
34 Clandestine injury to women. | |
35 Abduction of woman or girl with intent to rape. | 10 |
36 Assault with intent to rape or ravish. | |
37 Indecent assault. | |
38 Lewd, indecent or libidinous behaviour or practices. | |
39 Shameless indecency, if a person (other than the offender) involved in the | |
offence was under 18. | 15 |
40 Sodomy, unless— | |
(a) the offender was under 20 and every other person involved in the | |
offence was a willing participant, or | |
(b) every person (other than the offender) involved in the offence was 18 | |
or over and was a willing participant. | 20 |
41 An offence under section 170 of the Customs and Excise Management Act | |
1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods | |
prohibited to be imported under section 42 of the Customs Consolidation | |
Act 1876 (c. 36) (indecent or obscene articles), if the prohibited goods | |
included indecent photographs of persons under 16. | 25 |
42 An offence under section 52 of the Civic Government (Scotland) Act 1982 | |
(c. 45) (taking and distribution of indecent images of children). | |
43 An offence under section 52A of that Act (possession of indecent images of | |
children). | |
44 An offence under section 106 of the Mental Health (Scotland) Act 1984 (c. 36) | 30 |
(protection of mentally handicapped females). | |
45 An offence under section 107 of that Act (protection of patients). | |
46 An offence under section 1 of the Criminal Law (Consolidation) (Scotland) | |
Act 1995 (c. 39) (incest), if a person (other than the offender) involved in the | |
offence was under 18. | 35 |
47 An offence under section 2 of that Act (intercourse with a stepchild), if a | |
person (other than the offender) involved in the offence was under 18. | |
48 An offence under section 3 of that Act (intercourse with child under 16 by | |
person in position of trust). | |
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