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138 Minor and consequential amendments | |
Schedule 6 contains minor and consequential amendments. | |
139 Repeals and revocations | |
The provisions listed in Schedule 7 are repealed or revoked to the extent | |
specified. | 5 |
140 Commencement | |
(1) This Act, except this section and sections 137, 141 and 142, comes into force in | |
accordance with provision made by the Secretary of State by order. | |
(2) An order under subsection (1) may— | |
(a) make different provision for different purposes; | 10 |
(b) include supplementary, incidental, saving or transitional provisions. | |
141 Extent, saving etc. | |
(1) Except as follows, this Act extends to England and Wales only. | |
(2) The following provisions also extend to Northern Ireland— | |
(a) sections 16 to 25, 47 to 55, 57 to 60, 66 to 72, 78 and 79, | 15 |
(b) Part 2, and | |
(c) this Part. | |
(3) The following provisions also extend to Scotland— | |
(a) Part 2 except sections 123 to 129, and | |
(b) this Part. | 20 |
(4) Section 16B of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) | |
continues to have effect despite the repeal by this Act of section 8 of the Sex | |
Offenders Act 1997. | |
(5) For the purposes of the Scotland Act 1998 (c. 46), this Act is to be taken to be a | |
pre-commencement enactment. | 25 |
142 Short title | |
This Act may be cited as the Sexual Offences Act 2003. | |
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Sexual Offences Bill [HL]
Schedule 1 — Extension of gender-specific prostitution offences | 79 |
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Schedules | |
Schedule 1 | |
Section 56 | |
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 72(7) | |
Sexual offences to which section 72 applies | |
England and Wales | |
1 In relation to England and Wales, the following are sexual offences to which | |
section 72 applies— | |
(a) an offence under any of sections 5 to 16 (offences against children | 15 |
under 13 or under 16); | |
(b) an offence under any of sections 1 to 4, 17 to 42, 48 to 51 and 61 where | |
the victim of the offence was under 16 at the time of the offence; | |
(c) an offence under section 62 or 63 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 72 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 (S.I. 1978/1047 (N.I. 17)) (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); | 20 |
(i) an offence under Article 15 of the Criminal Justice (Evidence, Etc.) | |
(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 | 25 |
2003 (S.I. 2003/1247 (N.I. 13)) (buggery), | |
(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— | 30 |
(i) section 16 of this Act (meeting a child following sexual | |
grooming etc.), or | |
(ii) any of sections 17 to 20 or 48 to 51 of this Act (abuse of trust, | |
prostitution, child pornography). | |
(2) Sub-paragraph (1), apart from paragraphs (g) and (i), does not apply where | 35 |
the victim of the offence was 17 or over at the time of the offence. | |
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 | 40 |
(b) a reference to aiding and abetting, counselling or procuring the | |
commission of that offence. | |
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