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Criminal Justice Act 1988 (c. 33) | |
29 (1) The Criminal Justice Act 1988 is amended as follows. | |
(2) In section 32 (evidence through television links), in subsection (2)(c), after | |
“the Protection of Children Act 1978” insert “or Part 1 of the Sexual Offences | |
Act 2003”. | 5 |
(3) In section 160(1) (possession of indecent photograph of child), at the | |
beginning insert “Subject to subsection (1A),”. | |
Criminal Justice Act 1991 (c. 53) | |
30 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 | 10 |
Act 1997” substitute “Part 2 of the Sexual Offences Act 2003”. | |
Sexual Offences (Amendment) Act 1992 (c. 34) | |
31 In section 2(1) of the Sexual Offences (Amendment) Act 1992 (offences to | |
which that Act applies)— | |
(a) after paragraph (d) insert— | 15 |
“(da) any offence under any of the provisions of Part 1 of | |
the Sexual Offences Act 2003 except section 64, 65, 66 | |
or 70;”; | |
(b) in paragraph (e) for “(d)” substitute “(da)”. | |
Criminal Justice and Public Order Act 1994 (c. 33) | 20 |
32 (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 | 25 |
(rape); | |
(f) an offence under section 1 of the Sexual Offences Act 2003 | |
(rape); | |
(g) an offence under section 2 of that Act (assault by | |
penetration); | 30 |
(h) 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; | |
(i) an offence under section 5 of that Act (rape of a child under | 35 |
13); | |
(j) an offence under section 6 of that Act (assault of a child under | |
13 by penetration); | |
(k) an offence under section 8 of that Act (causing or inciting a | |
child under 13 to engage in sexual activity), where an activity | 40 |
involving penetration within subsection (3)(a) to (d) of that | |
section was caused; | |
(l) an offence under section 31 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; | 45 |
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(m) an offence under section 32 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) | 5 |
to (m).” | |
(3) Omit sections 142 to 144. | |
(4) In Schedule 10 (consequential amendments) omit paragraphs 26 and 35(2) | |
and (4). | |
Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) | 10 |
33 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 9 to 14 of the Sexual Offences Act 2003;”. | |
Criminal Injuries Compensation Act 1995 (c. 53) | 15 |
34 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 | |
31 of the Sexual Offences Act 2003”; | |
(b) after subsection (8) insert— | 20 |
“(9) In subsection (3) “rape”, in relation to anything done in | |
England and Wales, means an offence under section 1 or 5 of | |
the Sexual Offences Act 2003.” | |
Sexual Offences (Conspiracy and Incitement) Act 1996 (c.29) | |
35 In the Schedule to the Sexual Offences (Conspiracy and Incitement) Act 1996 | 25 |
(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 12, 14 and 16 | |
to 27 of the Sexual Offences Act 2003.”; | |
(b) in sub-paragraph (2), for “In sub-paragraph (1)(a), sub-paragraphs | 30 |
(i), (iv), (v) and (vi) do” substitute “Sub-paragraph (1)(b) does”. | |
Sexual Offences (Protected Material) Act 1997 (c. 39) | |
36 In the Schedule to the Sexual Offences (Protected Material) Act 1997 (sexual | |
offences for the purposes of that Act)— | |
(a) after paragraph 5 insert— | 35 |
“5A. Any offence under any provision of Part 1 of the Sexual | |
Offences Act 2003 except section 64, 65, 66 or 70.”; | |
(b) in paragraph 6, for “1 to 5” substitute “5 and 5A”. | |
Sex Offenders Act 1997 (c. 51) | |
37 The Sex Offenders Act 1997 ceases to have effect. | 40 |
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Crime and Disorder Act 1998 (c. 37) | |
38 (1) The Crime and Disorder Act 1998 is amended as follows. | |
(2) Omit sections 2, 2A, 2B and 3 (sex offender orders and interim orders). | |
(3) In section 4 (appeals against orders)— | |
(a) in subsection (1), omit “a sex offender order or an order under section | 5 |
2A above”, and | |
(b) in subsection (3), omit “or 2(6) above”. | |
(4) Omit section 20. | |
(5) In section 21 (procedural provisions with respect to orders)— | |
(a) omit subsection (2); | 10 |
(b) in subsection (4)— | |
(i) omit “or (2)”; and | |
(ii) for “either of those subsections” substitute “that subsection”; | |
(c) in subsection (5), omit “or 20”; | |
(d) in subsection (6), omit “and sex offender orders” and “or 20(4)(a)”; | 15 |
(e) in subsection (7)(b)(i), omit “or, as the case may be, chief constable”; | |
(f) omit subsections (7A) and (7B); and | |
(g) in subsection (10), omit “or 20”. | |
(6) Omit section 21A. | |
(7) In section 22 (offences in connection with breach of orders), omit subsections | 20 |
(6) and (7). | |
(8) In Schedule 8 (minor and consequential amendments), omit paragraph 144. | |
Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) | |
39 In paragraph 1 of Schedule 1 to the Criminal Justice (Children) (Northern | |
Ireland) Order 1998— | 25 |
(a) omit sub-paragraphs (c), (e) and (j); | |
(b) after sub-paragraph (l) insert— | |
“(m) Section 70 of the Sexual Offences Act 2003.” | |
Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) | |
40 In the Criminal Justice (Northern Ireland) Order 1998, omit Articles 6, 6A, 6B | 30 |
and 7. | |
Youth Justice and Criminal Evidence Act 1999 (c. 23) | |
41 (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 | 35 |
(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.” | 40 |
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Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | |
42 (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 3 of the Sexual Offences Act 2003 (in | 5 |
this section, “the 2003 Act”) (sexual assault); or | |
(c) an offence under section 13 of the 2003 Act (child sex offences | |
committed by children or young persons); or | |
(d) an offence under section 26 of the 2003 Act (sexual activity | |
with a child family member); or | 10 |
(e) an offence under section 27 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 2 of the Sexual Offences Act | 15 |
2003 (in this section, “the 2003 Act”) (rape, assault by | |
penetration); | |
(fb) an offence under section 4 of the 2003 Act (causing a person | |
to engage in sexual activity without consent), where the | |
activity caused involved penetration within subsection (4)(a) | 20 |
to (d) of that section; | |
(fc) an offence under section 5 or 6 of the 2003 Act (rape of a child | |
under 13, assault of a child under 13 by penetration); | |
(fd) an offence under section 8 of the 2003 Act (causing or inciting | |
a child under 13 to engage in sexual activity), where an | 25 |
activity involving penetration within subsection (3)(a) to (d) | |
of that section was caused; | |
(fe) an offence under section 31 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 | 30 |
section; | |
(ff) an offence under section 32 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; | 35 |
(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 | 40 |
Offences Act 2003 except section 53, 54 or 66;”; | |
(b) in paragraph (g), for “(a) to (f)” substitute “(f) and (fa)”. | |
(5) In Schedule 9 (consequential amendments), omit paragraphs 189, 190 and | |
193. | |
Criminal Justice and Courts Services Act 2000 (c. 43) | 45 |
43 (1) The Criminal Justice and Courts Services Act 2000 is amended as follows. | |
(2) Omit sections 39 and 66. | |
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(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 | 5 |
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 5 to 27 and 48 to 51 | 10 |
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 4, 31 to 42, 53, | |
54, 57 to 61, 67 and 68 of the Sexual Offences Act | 15 |
2003.”; | |
(c) in paragraph 3, after sub-paragraph (s) insert— | |
“(sa) he commits an offence under section 62 or 63 of the | |
Sexual Offences Act 2003 (committing an offence or | |
trespassing with intent to commit a sexual offence) | 20 |
in a case where the intended offence was an offence | |
against a child.” | |
(6) Omit Schedule 5. | |
Sexual Offences (Amendment) Act 2000 (c. 44) | |
44 (1) The Sexual Offences (Amendment) Act 2000 is amended as follows. | 25 |
(2) In section 1 (reduction in age at which certain sexual acts are lawful), omit | |
subsections (1) and (2). | |
(3) In section 2 (defences available to persons under age), omit subsections (1) | |
to (3). | |
(4) Omit sections 3 and 4 (abuse of position of trust) except so far as extending | 30 |
to Scotland. | |
(5) Omit section 5 (notification requirements for offenders under section 3). | |
(6) In section 6 (meaning of “sexual offence” for the purposes of certain | |
enactments), omit subsection (1). | |
Proceeds of Crime Act 2002 (c. 29) | 35 |
45 (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 57 to 59 of the Sexual Offences | |
Act 2003 (trafficking for sexual exploitation).” | 40 |
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(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 | 5 |
Offences Act 2003— | |
(a) section 14 (arranging or facilitating commission of a child | |
sex offence); | |
(b) section 49 (causing or inciting child prostitution or | |
pornography); | 10 |
(c) section 50 (controlling a child prostitute or a child involved | |
in pornography); | |
(d) section 51 (arranging or facilitating child prostitution or | |
pornography); | |
(e) section 53 (causing or inciting prostitution for gain); | 15 |
(f) section 54 (controlling prostitution for gain).” | |
Adoption and Children Act 2002 (c. 38) | |
46 In section 74 of the Adoption and Children Act 2002 (status conferred by | |
adoption not to apply for the purposes of certain enactments), in subsection | |
(1) for paragraphs (b) and (c) substitute “or | 20 |
(b) sections 64 and 65 of the Sexual Offences Act 2003 (sex with | |
an adult relative).” | |
Nationality, Asylum and Immigration Act 2002 (c. 41) | |
47 In the Nationality, Asylum and Immigration Act 2002, omit sections 145 and | |
146 (traffic in prostitution). | 25 |
Criminal Justice (Scotland) Act 2003 (asp 7) | |
48 In section 21(9) of the Criminal Justice (Scotland) Act 2003 (power of | |
adjournment where person convicted of sexual offence or offence disclosing | |
significant sexual aspects to behaviour in committing it), for the words from | |
“—(a) “three weeks”” to “each case” substitute ““four weeks” there were”. | 30 |
Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) | |
49 In Schedule 2 to the Access to Justice (Northern Ireland) Order 2003, in | |
paragraph 2(d)— | |
(a) omit sub-paragraph (x), | |
(b) omit “or” at the end of sub-paragraph (xi), | 35 |
(c) at the end of sub-paragraph (xii) insert “or | |
(xiii) under section 89, 90, 97, 100, 104, 108, 109, | |
114, 118, 123, 125 or 126 of the Sexual | |
Offences Act 2003,”. | |
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Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) | |
50 In the Criminal Justice (Northern Ireland) Order 2003, omit— | |
(a) in Article 19(4), sub-paragraph (a) and | |
(b) in Schedule 1, paragraphs 1, 2, 20 and 21. | |
Schedule 7 | 5 |
Section 139 | |
Repeals and revocations | |
| | Reference | Extent of repeal or revocation | | | | | Vagrancy Act 1824 (c. 83) | In section 4 except so far as extending to | | | | | | Northern Ireland, the words from “every | | | | | | person wilfully” to “female”. | | 10 | | | | In section 4 as it extends to Northern Ireland, | | | | | | the words from “wilfully, openly, lewdly” to | | | | | | “any female; or”. | | | | | Town Police Clauses Act 1847 | In section 28 the words “every person who | | | | | (c. 89) | wilfully and indecently exposes his person:”. | | 15 | | | Offences Against the Person Act | Sections 61 and 62. | | | | | 1861 (c. 100) | | | | | | Criminal Law Amendment Act | Section 2(2) to (4). | | | | | 1885 (c. 69) | Section 11. | | | | | Vagrancy Act 1898 (c. 39) | The whole Act. | | 20 | | | Criminal Law Amendment Act | Section 7. | | | | | 1912 (c. 20) | | | | | | Visiting Forces Act 1952 (c. 67) | In the Schedule, in paragraph 1(a) the words | | | | | | “rape, buggery”; paragraph 1(b)(viii). | | | | | Army Act 1955 (3 & 4 Eliz. 2 | In section 70(4), the words “or rape”. | | 25 | | | c. 18) | | | | | | Air Force Act 1955 (3 & 4 Eliz. 2 | In section 70(4), the words “or rape”. | | | | | c. 19) | | | | | | Sexual Offences Act 1956 (c. 69) | Sections 1 to 7. | | | | | | Sections 9 to 17. | | 30 | | | | Sections 19 to 32. | | | | | | Sections 41 to 47. | | | | | | In Schedule 2, paragraphs 1 to 32. | | | | | Naval Discipline Act 1957 | In section 48(2), the words “or rape”. | | | | | (c. 53) | | | 35 | | | Mental Health Act 1959 (c. 72) | Sections 127 and 128. | | | | | Indecency with Children Act | The whole Act. | | | | | 1960 (c. 33) | | | | | | Sexual Offences Act 1967 (c. 60) | Section 1. | | | | | | Section 4. | | 40 | | | | Section 5. | | | | | | Sections 7 and 8. | | | | | | Section 10. | | |
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