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Schedule 6 | |
Section 138 | |
Minor and consequential amendments | |
Vagrancy Act 1824 (c. 83) | |
1 In section 4 of the Vagrancy Act 1824 (rogues and vagabonds) except so far | |
as extending to Northern Ireland, omit the words from “every person | 5 |
wilfully” to “female”. | |
2 In section 4 of the Vagrancy Act 1824 as it extends to Northern Ireland, omit | |
the words from “wilfully, openly, lewdly” to “any female; or”. | |
Town Police Clauses Act 1847 (c. 89) | |
3 In section 28 of the Town Police Clauses Act 1847 (penalty for committing | 10 |
certain acts), omit “Every person who wilfully and indecently exposes his | |
person:”. | |
Offences against the Persons Act 1861 (c. 100) | |
4 In the Offences against the Person Act 1861, omit sections 61 and 62. | |
Criminal Law Amendment Act 1885 (c. 69) | 15 |
5 In the Criminal Law Amendment Act 1885, omit— | |
(a) in section 2, subsections (2) to (4), and | |
(b) section 11. | |
Vagrancy Act 1898 (c. 39) | |
6 The Vagrancy Act 1898 ceases to have effect. | 20 |
Children and Young Persons Act 1933 (c. 12) | |
7 In Schedule 1 to the Children and Young Persons Act 1933 (offences to which | |
special provisions of that Act apply), for the entry relating to offences under | |
the Sexual Offences Act 1956 (c. 69) substitute— | |
“Any offence against a child or young person under any of | 25 |
sections 1 to 42, 48 to 54, 57 to 61, 67 and 68 of the Sexual Offences | |
Act 2003, or any attempt to commit such an offence. | |
Any offence under section 62 or 63 of the Sexual Offences Act 2003 | |
where the intended offence was an offence against a child or | |
young person, or any attempt to commit such an offence.” | 30 |
Visiting Forces Act 1952 (c. 67) | |
8 (1) Paragraph 1 of the Schedule to the Visiting Forces Act 1952 (offences | |
referred to in section 3 of that Act) is amended as follows. | |
(2) Before sub-paragraph (a) insert— | |
“(za) rape and buggery (offences under the law of Northern | 35 |
Ireland);”. | |
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(3) In sub-paragraph (a), omit “rape” and “buggery”. | |
(4) In sub-paragraph (b), after paragraph (xii) insert— | |
“(xiii) Part 1 of the Sexual Offences Act 2003.” | |
Army Act 1955 (3 & 4 Eliz. 2 c. 18) | |
9 In section 70(4) of the Army Act 1955 (person not to be charged with an | 5 |
offence committed in the United Kingdom where corresponding civil | |
offence is within the subsection)— | |
(a) omit “or rape”, and | |
(b) after “International Criminal Court Act 2001” insert “or an offence | |
under section 1 of the Sexual Offences Act 2003 (rape)”. | 10 |
Air Force Act 1955 (3 & 4 Eliz 2.c. 19) | |
10 In section 70(4) of the Air Force Act 1955 (person not to be charged with an | |
offence committed in the United Kingdom where corresponding civil | |
offence is within the subsection)— | |
(a) omit “or rape”, and | 15 |
(b) after “International Criminal Court Act 2001” insert “or an offence | |
under section 1 of the Sexual Offences Act 2003 (rape)”. | |
Sexual Offences Act 1956 (c. 37) | |
11 In the Sexual Offences Act 1956, omit— | |
(a) sections 1 to 7, 9 to 17, 19 to 32 and 41 to 47 (offences), and | 20 |
(b) in Schedule 2 (prosecution, punishment etc.), paragraphs 1 to 32. | |
Naval Discipline Act 1957 (c. 53) | |
12 In section 48(2) of the Naval Discipline Act 1957 (courts-martial not to have | |
jurisdiction as regards certain offences committed in the United Kingdom)— | |
(a) omit “or rape”, and | 25 |
(b) before “committed on shore” insert “or an offence under section 1 of | |
the Sexual Offences Act 2003 (rape)”. | |
Mental Health Act 1959 (c. 72) | |
13 In the Mental Health Act 1959, omit sections 127 (amendment of Sexual | |
Offences Act 1956) and 128 (sexual intercourse with patients). | 30 |
Indecency with Children Act 1960 (c. 33) | |
14 The Indecency with Children Act 1960 ceases to have effect. | |
Sexual Offences Act 1967 (c. 60) | |
15 In the Sexual Offences Act 1967, omit the following— | |
(a) section 1 (amendment of law relating to homosexual acts in private), | 35 |
(b) section 4 (procuring others to commit homosexual acts), | |
(c) section 5 (living on earnings of male prostitution), | |
(d) section 7 (time limit on prosecutions), | |
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(e) section 8 (restriction on prosecutions), and | |
(f) section 10 (past offences). | |
Firearms Act 1968 (c. 27) | |
16 In Schedule 1 to the Firearms Act 1968 (offences to which section 17(2) of that | |
Act applies), for paragraph 6 substitute— | 5 |
“6. Offences under any of the following provisions of the Sexual | |
Offences Act 2003— | |
(a) section 1 (rape); | |
(b) section 2 (assault by penetration); | |
(c) section 4 (causing a person to engage in sexual activity | 10 |
without consent), where the activity caused involved | |
penetration within subsection (4)(a) to (d) of that section; | |
(d) section 5 (rape of a child under 13); | |
(e) section 6 (assault of a child under 13 by penetration); | |
(f) section 8 (causing or inciting a child under 13 to engage in | 15 |
sexual activity), where an activity involving penetration | |
within subsection (3)(a) to (d) of that section was caused; | |
(g) section 31 (sexual activity with a person with a mental | |
disorder), where the touching involved penetration within | |
subsection (4)(a) to (d) of that section; | 20 |
(h) section 32 (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.” | |
Theft Act 1968 (c. 60) | 25 |
17 In section 9 of the Theft Act 1968 (burglary), in subsection (2) omit “or raping | |
any person”. | |
Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)) | |
18 (1) The Children and Young Persons Act (Northern Ireland) 1968 is amended as | |
follows. | 30 |
(2) In section 21 (causing or encouraging seduction or prostitution of girl under | |
17), omit— | |
(a) in subsection (1), “or the prostitution of,”, and | |
(b) in subsection (2), “or the prostitution of,” and “or who has become a | |
prostitute,”. | 35 |
(3) In Schedule 1 (offences against children and young persons to which special | |
provisions of that Act apply), at the end insert— | |
“Any offence against a child or young person under any of | |
sections 16 to 20, 48 to 59, 67 and 68 of the Sexual Offences Act 2003 | |
or any attempt to commit such an offence.” | 40 |
Rehabilitation of Offenders Act 1974 (c. 53) | |
19 In section 7 of the Rehabilitation of Offenders Act 1974 (limitations on | |
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rehabilitation under that Act), in subsection (2), for paragraph (bb) | |
substitute— | |
“(bb) in any proceedings under Part 2 of the Sexual Offences Act | |
2003, or on appeal from any such proceedings;”. | |
Sexual Offences (Amendment) Act 1976 (c. 82) | 5 |
20 (1) The Sexual Offences (Amendment) Act 1976 is amended as follows. | |
(2) In section 1 (meaning of “rape”), omit subsection (2). | |
(3) In section 7 (citation, interpretation etc.)— | |
(a) for subsection (2) substitute— | |
“(2) In this Act— | 10 |
(a) “a rape offence” means any of the following— | |
(i) an offence under section 1 of the Sexual | |
Offences Act 2003 (rape); | |
(ii) an offence under section 2 of that Act (assault | |
by penetration); | 15 |
(iii) an offence under section 4 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; | 20 |
(iv) an offence under section 5 of that Act (rape of | |
a child under 13); | |
(v) an offence under section 6 of that Act (assault | |
of a child under 13 by penetration); | |
(vi) an offence under section 8 of that Act (causing | 25 |
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; | |
(vii) an offence under section 31 of that Act (sexual | 30 |
activity with a person with a mental disorder), | |
where the touching involved penetration | |
within subsection (4)(a) to (d) of that section; | |
(viii) an offence under section 32 of that Act | |
(causing or inciting a person with a mental | 35 |
disorder to engage in sexual activity), where | |
an activity involving penetration within | |
subsection (4)(a) to (d) of that section was | |
caused; | |
(ix) an attempt, conspiracy or incitement to | 40 |
commit an offence within any of paragraphs | |
(i) to (vii); | |
(x) aiding, abetting, counselling or procuring the | |
commission of such an offence or an attempt | |
to commit such an offence. | 45 |
(b) the use in any provision of the word “man” without | |
the addition of the word “boy” does not prevent the | |
provision applying to any person to whom it would | |
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have applied if both words had been used, and | |
similarly with the words “woman” and “girl”.”; | |
(b) omit subsection (3). | |
Criminal Law Act 1977 (c. 45) | |
21 In the Criminal Law Act 1977, omit section 54 (inciting girl under 16 to have | 5 |
incestuous sexual intercourse). | |
Internationally Protected Persons Act 1978 (c. 17) | |
22 In section 1 of the Internationally Protected Persons Act 1978 (attacks and | |
threats of attacks on protected persons)— | |
(a) in subsection (1)(a)— | 10 |
(i) omit “rape,”; | |
(ii) after “Explosive Substances Act 1883” insert “or an offence | |
listed in subsection (1A)”; | |
(b) after subsection (1) insert— | |
“(1A) The offences mentioned in subsection (1)(a) are— | 15 |
(a) in Scotland or Northern Ireland, rape; | |
(b) an offence under section 1 or 2 of the Sexual Offences | |
Act 2003; | |
(c) an offence under section 4 of that Act, where the | |
activity caused involved penetration within | 20 |
subsection (4)(a) to (d) of that section; | |
(d) an offence under section 5 or 6 of that Act; | |
(e) an offence under section 8 of that Act, where an | |
activity involving penetration within subsection | |
(3)(a) to (d) of that section was caused; | 25 |
(f) an offence under section 31 of that Act, where the | |
touching involved penetration within subsection | |
(4)(a) to (d) of that section; | |
(g) an offence under section 32 of that Act, where an | |
activity involving penetration within subsection | 30 |
(4)(a) to (d) of that section was caused.” | |
Suppression of Terrorism Act 1978 (c. 26) | |
23 (1) Schedule 1 to the Suppression of Terrorism Act 1978 (offences for the | |
purposes of that Act) is amended as follows. | |
(2) In paragraph 3, after “Rape” insert “under the law of Scotland or Northern | 35 |
Ireland”. | |
(3) For paragraph 9 substitute— | |
“9. An offence under any of the following provisions of the Sexual | |
Offences Act 2003— | |
(a) sections 1 or 2 (rape, assault by penetration); | 40 |
(b) section 4 (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; | |
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(c) section 5 or 6 (rape of a child under 13, assault of a child | |
under 13 by penetration); | |
(d) section 8 (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; | 5 |
(e) section 31 (sexual activity with a person with a mental | |
disorder), where the touching involved penetration within | |
subsection (4)(a) to (d) of that section; | |
(f) section 32 (causing or inciting a person with a mental | |
disorder to engage in sexual activity), where an activity | 10 |
involving penetration within subsection (4)(a) to (d) of that | |
section was caused.”. | |
Protection of Children Act 1978 (c. 37) | |
24 In section 1(1) of the Protection of Children Act 1978 (indecent photographs | |
of children), at the beginning insert “Subject to sections 1A and 1B,”. | 15 |
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27)) | |
25 In Article 8 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 | |
(limitations on rehabilitation under that Order), in paragraph (2), for sub- | |
paragraph (bb) substitute— | |
“(bb) in any proceedings under Part 2 of the Sexual Offences Act | 20 |
2003, or on appeal from any such proceedings;”. | |
Magistrates’ Courts Act 1980 (c. 43) | |
26 (1) The Magistrates’ Courts Act 1980 is amended as follows. | |
(2) In section 103 (evidence of persons under 14 in committal proceedings), in | |
subsection (2)(c), after “the Protection of Children Act 1978” insert “or Part 1 | 25 |
of the Sexual Offences Act 2003”. | |
(3) In Schedule 7 (consequential amendments), omit paragraph 18. | |
Criminal Justice Act 1982 (c. 48) | |
27 In Part 2 of Schedule 1 to the Criminal Justice Act 1982 (offences excluded | |
from early release provisions), after the entry relating to the Proceeds of | 30 |
Crime Act 2002 (c. 29) insert— | |
“SEXUAL OFFENCES ACT 2003 | |
Sections 1 and 2 (rape, assault by penetration). | |
Section 4 (causing a person to engage in sexual activity without | |
consent), where the activity caused involved penetration within | 35 |
subsection (4)(a) to (d) of that section. | |
Sections 5 and 6 (rape of a child under 13, assault of a child under | |
13 by penetration). | |
Section 8 (causing or inciting a child under 13 to engage in sexual | |
activity), where an activity involving penetration within | 40 |
subsection (3)(a) to (d) of that section was caused. | |
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Section 31 (sexual activity with a person with a mental disorder), | |
where the touching involved penetration within subsection (4)(a) | |
to (d) of that section. | |
Section 32 (causing or inciting a person with a mental disorder to | |
engage in sexual activity), where an activity involving penetration | 5 |
within subsection (4)(a) to (d) of that section was caused.” | |
Police and Criminal Evidence Act 1984 (c. 60) | |
28 (1) The Police and Criminal Evidence Act 1984 is amended as follows. | |
(2) In section 80(7) (sexual offences for purposes of compellability of spouse), | |
after “the Protection of Children Act 1978” insert “or Part 1 of the Sexual | 10 |
Offences Act 2003”. | |
(3) In Schedule 1A (specific arrestable offences), after paragraph 25 insert— | |
“Sexual Offences Act 2003 | |
26. An offence under— | |
(a) section 66 of the Sexual Offences Act 2003 (sexual activity | 15 |
in public lavatory); | |
(b) section 67 of that Act (exposure); | |
(c) section 68 of that Act (voyeurism); | |
(d) section 70 of that Act (intercourse with an animal); or | |
(e) section 71 of that Act (sexual penetration of a corpse).” | 20 |
(4) In Part 2 of Schedule 5 (serious arrestable offences), after the entry relating | |
to the Obscene Publications Act 1959 (c. 66) insert— | |
“Sexual Offences Act 2003 | |
16. Section 1 (rape). | |
17. Section 2 (assault by penetration). | 25 |
18. Section 4 (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. | |
19. Section 5 (rape of a child under 13). | |
20. Section 6 (assault of a child under 13 by penetration). | 30 |
21. Section 8 (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. | |
22. Section 31 (sexual activity with a person with a mental disorder), | |
where the touching involved penetration within subsection (4)(a) | 35 |
to (d) of that section. | |
23. Section 32 (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.” | |
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