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Paul Goggins
339
Schedule 5, page 95, line 17, leave out paragraph 23 and insert—
'Criminal Justice Act 1991 (c. 53)
| | 23 | In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), in subsection (2)(da), for "Part I of the Sex Offenders Act 1997" substitute "Part 2 of the Sexual Offences Act 2003".'. |
Paul Goggins
340
Schedule 5, page 95, line 20, leave out paragraph 24 and insert—
| | | 'In section 2(1) of the Sexual Offences (Amendment) Act 1992 (offences to which that Act applies)— |
(a) after paragraph (d) insert—
| "(da) | any offence under any of the provisions of Part 1 of the Sexual Offences Act 2003 except section 65, 66, 67 or 71;"; |
(b) in paragraph (e) for "(d)" substitute "(da)".'.
Paul Goggins
341
Schedule 5, page 95, line 23, leave out paragraph 25 and insert—
| '(1) | The Criminal Justice and Public Order Act 1994 is amended as follows. |
| (2) | In section 25 (no bail if previous conviction for certain offences), for subsection (2)(d) and (e) substitute— |
| "(d) | rape under the law of Scotland or Northern Ireland; |
| (e) | an offence under section 1 of the Sexual Offences Act 1956 (rape); |
| (f) | an offence under section 1 of the Sexual Offences Act 2003 (rape); |
| (g) | an offence under section 3 of that Act (assault by penetration); |
| (h) | an offence under section 5 of that Act (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section; |
| (i) | an offence under section 6 of that Act (rape of a child under 13); |
| (j) | an offence under section 7 of that Act (assault of a child under 13 by penetration); |
| (k) | an offence under section 9 of that Act (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused; |
| (l) | an offence under section 32 of that Act (sexual activity with a person with a mental disorder), where the touching involved penetration within subsection (4)(a) to (d) of that section; |
| (m) | an offence under section 33 of that Act (causing or inciting a person with a mental disorder to engage in sexual activity), where an activity involving penetration within subsection (4)(a) to (d) of that section was caused; |
| (n) | an attempt to commit an offence within any of paragraphs (d) to (m)." |
| (3) | Omit sections 142 to 144. |
| (4) | In Schedule 10 (consequential amendments) omit paragraphs 26 and 35(2) and (4).'. |
Paul Goggins
342
Schedule 5, page 95, line 29, at end insert—
'Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)
| 11 | | In section 5(6) of the Criminal Law (Consolidation) (Scotland) Act 1995 (which relates to construing the expression "a like offence"), after paragraph (c) insert "or |
| (cc) | any of sections 10 to 15 of the Sexual Offences Act 2003;".'. |
Paul Goggins
343
Schedule 5, page 95, line 31, leave out paragraph 26 and insert—
'Criminal Injuries Compensation Act 1995 (c. 53)
| | 26 | In section 11 of the Criminal Injuries Compensation Act 1995 (approval by parliament of certain alterations to the Tariff or provisions of the Scheme)— |
(a) in subsection (3)(d), after "rape" insert "or an offence under section 32 of the Sexual Offences Act 2003";
(b) after subsection (8) insert—
"(9) In subsection (3) "rape", in relation to anything done in England and Wales, means an offence under section 1 or 6 of the Sexual Offences Act 2003."
Sexual Offences (Conspiracy and Incitement) Act 1996 (c.29)
| | 26A | In the Schedule to the Sexual Offences (Conspiracy and Incitement) Act 1996 (sexual offences for the purposes of that Act), in paragraph 1— |
(a) for sub-paragraph (1)(b) substitute—
"(b) an offence under any of sections 1 to 13, 15 and 17 to 28 of the Sexual Offences Act 2003.";
(b) in sub-paragraph (2), for "In sub-paragraph (1)(a), sub-paragraphs (i), (iv), (v) and (vi) do" substitute "Sub-paragraph (1)(b) does".
Sexual Offences (Protected Material) Act 1997 (c. 39)
| | 26B | In the Schedule to the Sexual Offences (Protected Material) Act 1997 (sexual offences for the purposes of that Act)— |
(a) after paragraph 5 insert—
| | "5A. | Any offence under any provision of Part 1 of the Sexual Offences Act 2003 except section 65, 66, 67 or 71."; |
(b) in paragraph 6, for "1 to 5" substitute "5 and 5A".'.
Paul Goggins
344
Schedule 5, page 96, line 31, at end insert—
'Youth Justice and Criminal Evidence Act 1999 (c. 23)
| 30A | (1) | The Youth Justice and Criminal Evidence Act 1999 is amended as follows. |
| (2) | In section 35 (cross examination of child witnesses), in subsection (3)(a), after sub-paragraph (v) insert "or |
| (vi) | Part 1 of the Sexual Offences Act 2003;". |
| (3) | In section 62 (meaning of "sexual offence" etc.), for subsection (1) substitute— |
"(1) In this Part "sexual offence" means any offence under Part 1 of the Sexual Offences Act 2003."'.
Paul Goggins
345
Schedule 5, page 96, line 33, at beginning insert—
| '(1) | The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows. |
| (2) | In section 91 (power to detain offenders under 18 convicted of certain offences), for subsection (1)(b) and (c) substitute— |
| "(b) | an offence under section 4 of the Sexual Offences Act 2003 (in this section, "the 2003 Act") (sexual assault); or |
| (c) | an offence under section 14 of the 2003 Act (child sex offences committed by children or young persons); or |
| (d) | an offence under section 27 of the 2003 Act (sexual activity with a child family member); or |
| (e) | an offence under section 28 of the 2003 Act (inciting a child family member to engage in sexual activity)." |
| (3) | In section 109 (life sentence for second serious offence), in subsection (5), after paragraph (f) insert— |
| "(fa) | an offence under section 1 or 3 of the Sexual Offences Act 2003 (in this section, "the 2003 Act") (rape, assault by penetration); |
| (fb) | an offence under section 5 of the 2003 Act (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section; |
| (fc) | an offence under section 6 or 7 of the 2003 Act (rape of a child under 13, assault of a child under 13 by penetration); |
| (fd) | an offence under section 9 of the 2003 Act (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused; |
| (fe) | an offence under section 32 of the 2003 Act (sexual activity with a person with a mental disorder), where the touching involved penetration within subsection (4)(a) to (d) of that section; |
| (ff) | an offence under section 33 of the 2003 Act (causing or inciting a person with a mental disorder to engage in sexual activity), where an activity involving penetration within subsection (4)(a) to (d) of that section was caused; |
| (fg) | an attempt to commit an offence within any of paragraphs (fa) to (ff);". |
| (4) | In section 161 (definition of "sexual offence" etc.), in subsection (2)— |
(a) after paragraph (f) insert—
| "(fa) | an offence under any provision of Part 1 of the Sexual Offences Act 2003 except section 54, 55 or 67;"; |
(b) in paragraph (g), for "(a) to (f)" substitute "(f) and (fa)".
Paul Goggins
346
Schedule 5, page 96, line 33, leave out from '9' to end.
Paul Goggins
347
Schedule 5, page 96, line 36, leave out paragraph 32.
Paul Goggins
348
Schedule 5, page 97, line 2, leave out paragraph 33 and insert—
| '33 | (1) | The Criminal Justice and Courts Services Act 2000 is amended as follows. |
| (2) | Omit sections 39 and 66. |
| (3) | In section 68 (sexual and violent offenders for the purposes of risk assessment etc.), in subsection (2), for "Part I of the Sex Offenders Act 1997" substitute "Part 2 of the Sexual Offences Act 2003". |
| (4) | In section 69 (duties of local probation boards in connection with victims of certain offences), in subsection (8)(b), for "Part I of the Sex Offenders Act 1997" substitute "Part 2 of the Sexual Offences Act 2003". |
| (5) | In Schedule 4 (offences against children for the purposes of disqualification orders)— |
(a) in paragraph 1, for sub-paragraph (m) substitute—
"(m) an offence under any of sections 6 to 28 and 49 to 52 of the Sexual Offences Act 2003 (offences against children).";
(b) in paragraph 2, for sub-paragraph (n) substitute—
"(n) an offence under any of sections 1 to 5, 32 to 43, 54, 55, 58 to 62, 68 and 69 of the Sexual Offences Act 2003.";
(c) in paragraph 3, after sub-paragraph (s) insert—
"(sa) he commits an offence under section 63 or 64 of the Sexual Offences Act 2003 (committing an offence or trespassing with intent to commit a sexual offence) in a case where the intended offence was an offence against a child."
Paul Goggins
349
Schedule 5, page 97, line 17, leave out paragraphs 35 and 36 and insert—
'Proceeds of Crime Act 2002 (c. 29)
| 12 | (1) | Schedule 2 to the Proceeds of Crime Act 2002 (lifestyle offences: England and Wales) is amended as follows. |
| (2) | In paragraph 4, for sub-paragraph (2) substitute— |
"(2) An offence under any of sections 58 to 60 of the Sexual Offences Act 2003 (trafficking for sexual exploitation)."
| (3) | For paragraph 8 substitute— |
"Prostitution and child sex
| 8 | (1) | An offence under section 33 or 34 of the Sexual Offences Act 1956 (keeping or letting premises for use as a brothel). |
| (2) | An offence under any of the following provisions of the Sexual Offences Act 2003— |
(a) section 15 (arranging or facilitating commission of a child sex offence);
(b) section 50 (causing or inciting child prostitution or pornography);
(c) section 51 (controlling a child prostitute or a child involved in pornography);
(d) section 52 (arranging or facilitating child prostitution or pornography);
(e) section 54 (causing or inciting prostitution for gain);
(f) section 55 (controlling prostitution for gain)."'.
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