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Schedule 3 | |
Section 80 | |
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 and— | |
(a) the conviction, finding or caution was before the commencement of | |
this Part, or | |
(b) the offender— | |
(i) was 18 or over, or | 40 |
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(ii) is sentenced in respect of the offence to imprisonment for a | |
term of at least 12 months. | |
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 | 5 |
Act 1876 (c. 36) (indecent or obscene articles), if the prohibited goods | |
included indecent photographs of persons under 16 and— | |
(a) the conviction, finding or caution was before the commencement of | |
this Part, or | |
(b) the offender— | 10 |
(i) was 18 or over, or | |
(ii) is sentenced in respect of the offence to imprisonment for a | |
term of at least 12 months. | |
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 | 15 |
or pseudo-photographs showed persons under 16 and— | |
(a) the conviction, finding or caution was before the commencement of | |
this Part, or | |
(b) the offender— | |
(i) was 18 or over, or | 20 |
(ii) is sentenced in respect of the offence to imprisonment for a | |
term of at least 12 months. | |
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. | |
17 An offence under section 1 or 2 of this Act (rape, assault by penetration). | 25 |
18 An offence under section 3 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 | |
months; | |
(b) in any other case— | 30 |
(i) the victim was under 18, or | |
(ii) the offender, in respect of the offence or finding, is or has | |
been— | |
(a) sentenced to a term of imprisonment, | |
(b) detained in a hospital, or | 35 |
(c) made the subject of a community sentence of at least | |
12 months. | |
19 An offence under any of sections 4 to 6 of this Act (causing sexual activity | |
without consent, rape of a child under 13, assault of a child under 13 by | |
penetration). | 40 |
20 An offence under section 7 of this Act (sexual assault of a child under 13) if | |
the offender— | |
(a) was 18 or over, or | |
(b) is or has been sentenced in respect of the offence to imprisonment for | |
a term of at least 12 months. | 45 |
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21 An offence under any of sections 8 to 12 of this Act (causing or inciting a | |
child under 13 to engage in sexual activity, child sex offences committed by | |
adults). | |
22 An offence under section 13 of this Act (child sex offences committed by | |
children or young persons), if the offender is or has been sentenced, in | 5 |
respect of the offence, to imprisonment for a term of at least 12 months. | |
23 An offence under section 14 of this Act (arranging or facilitating the | |
commission of a child sex offence) if the offender— | |
(a) was 18 or over, or | |
(b) is or has been sentenced, in respect of the offence, to imprisonment | 10 |
for a term of at least 12 months. | |
24 An offence under section 16 of this Act (meeting a child following sexual | |
grooming etc). | |
25 An offence under any of sections 17 to 20 of this Act (abuse of a position of | |
trust) if the offender, in respect of the offence, 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 12 months. | |
26 An offence under section 26 or 27 of this Act (familial child sex offences) if | |
the offender— | 20 |
(a) was 18 or over, or | |
(b) is or has been sentenced in respect of the offence to imprisonment for | |
a term of at least 12 months. | |
27 An offence under any of sections 31 to 38 of this Act (offences against | |
persons with a mental disorder, inducements etc. to persons with mental | 25 |
disorder). | |
28 An offence under any of sections 39 to 42 of this Act (care workers for | |
persons with mental disorder) 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 | 30 |
months; | |
(b) in any other case, the offender, in respect of the offence or finding, is | |
or has been— | |
(i) sentenced to a term of imprisonment, | |
(ii) detained in a hospital, or | 35 |
(iii) made the subject of a community sentence of at least 12 | |
months. | |
29 An offence under section 48 of this Act (paying for sexual services of a child) | |
if the victim or (as the case may be) other party was under 16, and the | |
offender— | 40 |
(a) was 18 or over, or | |
(b) is or has been sentenced in respect of the offence to imprisonment for | |
a term of at least 12 months. | |
30 An offence under section 61 of this Act (administering a substance with | |
intent). | 45 |
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31 An offence under section 62 or 63 of this Act (committing an offence or | |
trespassing, with intent to commit a sexual offence) 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 | |
months; | 5 |
(b) in any other case— | |
(i) the intended offence was an offence against a person under | |
18, or | |
(ii) the offender, in respect of the offence or finding, is or has | |
been— | 10 |
(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. | |
32 An offence under section 64 or 65 of this Act (sex with an adult relative) if — | 15 |
(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 | |
months; | |
(b) in any other case, the offender, in respect of the offence or finding, is | |
or has been— | 20 |
(i) sentenced to a term of imprisonment, or | |
(ii) detained in a hospital. | |
33 An offence under section 67 of this Act (exposure) 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 | 25 |
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 | |
12 months. | |
34 An offence under section 68 of this Act (voyeurism) if— | 35 |
(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 | |
months; | |
(b) in any other case— | |
(i) the victim was under 18, or | 40 |
(ii) the offender, in respect of the offence or finding, 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 | 45 |
12 months. | |
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35 An offence under section 70 or 71 of this Act (intercourse with an animal, | |
sexual penetration of a corpse) 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 | |
months; | 5 |
(b) in any other case, the offender, in respect of the offence or finding, is | |
or has been— | |
(i) sentenced to a term of imprisonment, or | |
(ii) detained in a hospital. | |
Scotland | 10 |
36 Rape. | |
37 Clandestine injury to women. | |
38 Abduction of woman or girl with intent to rape. | |
39 Assault with intent to rape or ravish. | |
40 Indecent assault. | 15 |
41 Lewd, indecent or libidinous behaviour or practices. | |
42 Shameless indecency, if a person (other than the offender) involved in the | |
offence was under 18. | |
43 Sodomy, unless every person involved in the offence was 16 or over and was | |
a willing participant. | 20 |
44 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 |
45 An offence under section 52 of the Civic Government (Scotland) Act 1982 | |
(c. 45) (taking and distribution of indecent images of children). | |
46 An offence under section 52A of that Act (possession of indecent images of | |
children). | |
47 An offence under section 106 of the Mental Health (Scotland) Act 1984 (c. 36) | 30 |
(protection of mentally handicapped females). | |
48 An offence under section 107 of that Act (protection of patients). | |
49 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 |
50 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. | |
51 An offence under section 3 of that Act (intercourse with child under 16 by | |
person in position of trust). | |
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52 An offence under section 5 of that Act (unlawful intercourse with girl under | |
16), save in the case of an offence in contravention of subsection (3) of that | |
section where the offender was under 20. | |
53 An offence under section 6 of that Act (indecent behaviour towards girl | |
between 12 and 16). | 5 |
54 An offence under section 8 of that Act (abduction of girl under 18 for | |
purposes of unlawful intercourse). | |
55 An offence under section 10 of that Act (person having parental | |
responsibilities causing or encouraging sexual activity in relation to a girl | |
under 16). | 10 |
56 An offence under section 13(5) of that Act (homosexual offences) unless | |
every person involved (whether in the offence or in the homosexual act) was | |
16 or over and was a willing participant. | |
57 An offence under section 3 of the Sexual Offences (Amendment) Act 2000 | |
(c. 44) (abuse of position of trust), where the offender was 20 or over. | 15 |
58 An offence under section 311(1) of the Mental Health (Care and Treatment) | |
(Scotland) Act 2003 (asp 13) (non-consensual sexual acts). | |
59 An offence under section 313(1) of that Act (persons providing care services: | |
sexual offences). | |
60 An offence in Scotland other than is mentioned in paragraphs 36 to 59 if the | 20 |
court, in imposing sentence or otherwise disposing of the case, determines | |
for the purposes of this paragraph that there was a significant sexual aspect | |
to the offender’s behaviour in committing the offence. | |
Northern Ireland | |
61 Rape. | 25 |
62 An offence under section 52 of the Offences against the Person Act 1861 | |
(c. 100) (indecent assault upon a female) 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 | |
months; | 30 |
(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— | |
(a) sentenced to a term of imprisonment, | 35 |
(b) detained in a hospital, or | |
(c) made the subject of a community sentence of at least | |
12 months. | |
63 An offence under section 53 or 54 of that Act (abduction of woman by force | |
for unlawful sexual intercourse) if the offender— | 40 |
(a) was 18 or over, or | |
(b) is or has been sentenced in respect of the offence to imprisonment for | |
a term of at least 12 months. | |
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64 An offence under section 61 of that Act (buggery) if consent was not present | |
or— | |
(a) the offender was 20 or over, and | |
(b) the victim or (as the case may be) other party was under 17. | |
65 An offence under section 62 of that Act of assault with intent to commit | 5 |
buggery if the victim or (as the case may be) other party was under 18, and | |
the offender — | |
(a) was 18 or over, or | |
(b) is or has been sentenced in respect of the offence to imprisonment for | |
a term of at least 12 months. | 10 |
66 An offence under section 62 of that Act of indecent assault upon a male | |
person 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 | |
months; | 15 |
(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— | |
(a) sentenced to a term of imprisonment, | 20 |
(b) detained in a hospital, or | |
(c) made the subject of a community sentence of at least | |
12 months. | |
67 An offence under section 2 of the Criminal Law Amendment Act 1885 (c. 69) | |
(procuration) if the offender— | 25 |
(a) was 18 or over, or | |
(b) is or has been sentenced in respect of the offence to imprisonment for | |
a term of at least 12 months. | |
68 An offence under section 3 of that Act (procuring defilement of woman by | |
threats or fraud, etc.) if the offender— | 30 |
(a) was 18 or over, or | |
(b) is or has been sentenced in respect of the offence to imprisonment for | |
a term of at least 12 months. | |
69 An offence under section 4 of that Act of unlawful carnal knowledge of a girl | |
under 14 if the offender— | 35 |
(a) was 18 or over, or | |
(b) is or has been sentenced in respect of the offence to imprisonment for | |
a term of at least 12 months. | |
70 An offence under section 5 of that Act of unlawful carnal knowledge of a girl | |
under 17, if the offender was 20 or over. | 40 |
71 An offence under section 7 of that Act (abduction of girl under 18) if the | |
offender— | |
(a) was 18 or over, or | |
(b) is or has been sentenced in respect of the offence to imprisonment for | |
a term of at least 12 months. | 45 |
72 An offence under section 11 of that Act (homosexual offences) if— | |
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