|
| |
| |
(a) the offender was 20 or over, and | |
(b) the victim or (as the case may be) other party was under 18. | |
73 An offence under section 1 of the Punishment of Incest Act 1908 (c. 45) | |
(incest by males), if — | |
(a) where the offender was under 18, he is or has been sentenced in | 5 |
respect of the offence to imprisonment for a term of at least 12 | |
months; | |
(b) in any other case— | |
(i) the victim or (as the case may be) other party was under 18, or | |
(ii) the offender, in respect of the offence or finding, is or has | 10 |
been— | |
(a) sentenced to a term of imprisonment, or | |
(b) detained in a hospital. | |
74 An offence under section 2 of that Act (incest by females), if— | |
(a) where the offender was under 18, he is or has been sentenced in | 15 |
respect of the offence to imprisonment for a term of at least 12 | |
months; | |
(b) in any other case— | |
(i) the victim or (as the case may be) other party was under 18, or | |
(ii) the offender, in respect of the offence or finding, is or has | 20 |
been— | |
(a) sentenced to a term of imprisonment, or | |
(b) detained in a hospital. | |
75 An offence under section 21 of the Children and Young Persons Act | |
(Northern Ireland) 1968 (c. 34) (causing or encouraging seduction or | 25 |
prostitution of a girl under 17) 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. | |
76 An offence under section 22 of that Act (indecent conduct towards a child) if | 30 |
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. | |
77 An offence under Article 3 of the Protection of Children (Northern Ireland) | 35 |
Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children) 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. | 40 |
78 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, and the offender— | 45 |
(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. | |
79 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) if the offender— | 5 |
(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. | |
80 An offence under Article 122 of the Mental Health (Northern Ireland) Order | |
1986 (S.I. 1986/595 (N.I. 4)) (offences against women suffering from severe | 10 |
mental handicap). | |
81 An offence under Article 123 of that Order (offences against patients) 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, 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 | |
(iii) made the subject of a community sentence of at least 12 | 20 |
months. | |
82 An offence under Article 15 of the Criminal Justice (Evidence, etc.) | |
(Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17) (possession of | |
indecent photographs of children) if the offender— | |
(a) was 18 or over, or | 25 |
(b) is or has been sentenced in respect of the offence to imprisonment for | |
a term of at least 12 months. | |
83 An offence under section 3 of the Sexual Offences (Amendment) Act 2000 | |
(abuse of position of trust), if 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. | |
84 An offence under Article 19 of the Criminal Justice (Northern Ireland) Order | |
2003 (S.I. 2003/1247 (N.I. 13)) (buggery) if— | 35 |
(a) the offender was 20 or over, and | |
(b) the victim or (as the case may be) other party was under 17. | |
85 An offence under Article 20 of that Order (assault with intent to commit | |
buggery) if the victim was under 18 and the offender— | |
(a) was 18 or over, or | 40 |
(b) is or has been sentenced in respect of the offence to imprisonment for | |
a term of at least 12 months. | |
86 An offence under Article 21 of that Order (indecent assault upon a male) 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 | 45 |
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— | |
(a) sentenced to a term of imprisonment, | 5 |
(b) detained in a hospital, or | |
(c) made the subject of a community sentence of at least | |
12 months. | |
87 An offence under section 16 of this Act (meeting a child following sexual | |
grooming etc.). | 10 |
88 An offence under any of sections 17 to 20 of this Act (abuse of trust) if 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 12 months. | 15 |
89 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 17 and the | |
offender— | |
(a) was 18 or over, or | |
(b) is or has been sentenced in respect of the offence to a term of | 20 |
imprisonment of at least 12 months. | |
90 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 | |
months; | 25 |
(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, | 30 |
(b) detained in a hospital, or | |
(c) made the subject of a community sentence of at least | |
12 months. | |
91 An offence under section 68 of this Act (voyeurism) if— | |
(a) where the offender was under 18, he is or has been sentenced in | 35 |
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 | |
(ii) the offender, in respect of the offence or finding, is or has | 40 |
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 | |
12 months. | 45 |
| |
| |
|
| |
| |
92 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. | |
Service offences | 10 |
93 An offence under— | |
(a) section 70 of the Army Act 1955, | |
(b) section 70 of the Air Force Act 1955, or | |
(c) section 42 of the Naval Discipline Act 1957, | |
of which the corresponding civil offence (within the meaning of that Act) is | 15 |
an offence under a provision listed in any of paragraphs 1 to 35. | |
General | |
94 A reference in a preceding paragraph to an offence includes— | |
(a) a reference to an attempt, conspiracy or incitement to commit that | |
offence, and | 20 |
(b) except in paragraphs 36 to 43, a reference to aiding, abetting, | |
counselling or procuring the commission of that offence. | |
95 A reference in a preceding paragraph to a person’s age is— | |
(a) in the case of an indecent photograph, a reference to the person’s age | |
when the photograph was taken; | 25 |
(b) in any other case, a reference to his age at the time of the offence. | |
96 In paragraphs 18 to 35— | |
(a) “community sentence”, “community rehabilitation order”, | |
“community punishment and rehabilitation order” and “supervision | |
order” have the same meaning as in the Powers of Criminal Courts | 30 |
(Sentencing) Act 2000 (c. 6); | |
(b) a reference to an electronic monitoring requirement means such a | |
requirement imposed under section 36B of that Act. | |
97 In paragraphs 61 to 92, “community sentence” has the same meaning as in | |
the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)). | 35 |
98 For the purposes of paragraphs 14, 44 and 78— | |
(a) a person is to be taken to have been under 16 at any time if it appears | |
from the evidence as a whole that he was under that age at that time; | |
(b) section 7 of the Protection of Children Act 1978 (c. 37) | |
(interpretation), subsections (2) to (2C) and (8) of section 52 of the | 40 |
Civic Government (Scotland) Act 1982 (c. 45), and Article 2(2) and | |
(3)(b) of the Protection of Children (Northern Ireland) Order 1978 | |
(S.I. 1978/1047 (N.I. 17)) (interpretation) (respectively) apply as each | |
provision applies for the purposes of the Act or Order of which it | |
forms part. | 45 |
| |
| |
|
| |
| |
99 A determination under paragraph 60 constitutes part of a person’s sentence, | |
within the meaning of the Criminal Procedure (Scotland) Act 1995 (c. 46), for | |
the purposes of any appeal or review. | |
Schedule 4 | |
Section 93 | |
Procedure for ending notification requirements for abolished homosexual | 5 |
offences | |
Scope of Schedule | |
1 This Schedule applies where a relevant offender is subject to the notification | |
requirements of this Part as a result of a conviction, finding or caution in | |
respect of an offence under section 12 or 13 of the Sexual Offences Act 1956 | 10 |
(c. 69) (buggery or indecency between men). | |
Application for decision | |
2 (1) The relevant offender may apply to the Secretary of State for a decision as to | |
whether it appears that the person with whom the act of buggery or gross | |
indecency was committed— | 15 |
(a) was aged 16 or over at the time of the offence, and | |
(b) consented to the act. | |
(2) An application must be in writing and state— | |
(a) the name, address and date of birth of the relevant offender, | |
(b) his name and address at the time of the conviction, finding or | 20 |
caution, | |
(c) so far as known to him, the time when and the place where the | |
conviction or finding was made or the caution given and, for a | |
conviction or finding, the case number, | |
(d) such other information as the Secretary of State may require. | 25 |
(3) An application may include representations by the relevant offender about | |
the matters mentioned in sub-paragraph (1). | |
Decision by Secretary of State | |
3 (1) In making the decision applied for, the Secretary of State must consider— | |
(a) any representations included in the application, and | 30 |
(b) any available record of the investigation of the offence and of any | |
proceedings relating to it that appears to him to be relevant, | |
but is not to seek evidence from any witness. | |
(2) On making the decision the Secretary of State must— | |
(a) record it in writing, and | 35 |
(b) give notice in writing to the relevant offender. | |
Effect of decision | |
4 (1) If the Secretary of State decides that it appears as mentioned in paragraph | |
2(1), the relevant offender ceases, from the beginning of the day on which the | |
| |
| |
|
| |
| |
decision is recorded under paragraph 3(2)(a), to be subject to the notification | |
requirements of this Part as a result of the conviction, finding or caution in | |
respect of the offence. | |
(2) Sub-paragraph (1) does not affect the operation of this Part as a result of any | |
other conviction, finding or caution or any court order. | 5 |
Right of appeal | |
5 (1) If the Secretary of State decides that it does not appear as mentioned in | |
paragraph 2(1), and if the High Court gives permission, the relevant | |
offender may appeal to that court. | |
(2) On an appeal the court may not receive oral evidence. | 10 |
(3) The court— | |
(a) if it decides that it appears as mentioned in paragraph 2(1), must | |
make an order to that effect, | |
(b) otherwise, must dismiss the appeal. | |
(4) An order under sub-paragraph (3)(a) has the same effect as a decision of the | 15 |
Secretary of State recorded under paragraph 3(2)(a) has under paragraph 4. | |
(5) There is no appeal from the decision of the High Court. | |
Transitional provision | |
6 Until the coming into force of the repeal by this Act of Part 1 of the Sex | |
Offenders Act 1997 (c. 51), this Schedule has effect as if references to this Part | 20 |
of this Act were references to Part 1 of that Act. | |
Schedule 5 | |
Section 104 | |
Other offences for purposes of Part 2 | |
England and Wales | |
1 Murder. | 25 |
2 Manslaughter. | |
3 Kidnapping. | |
4 False imprisonment. | |
5 An offence under section 4 of the Offences against the Person Act 1861 | |
(c. 100) (soliciting murder). | 30 |
6 An offence under section 16 of that Act (threats to kill). | |
7 An offence under section 18 of that Act (wounding with intent to cause | |
grievous bodily harm). | |
8 An offence under section 20 of that Act (malicious wounding). | |
9 An offence under section 21 of that Act (attempting to choke, suffocate or | 35 |
strangle in order to commit or assist in committing an indictable offence). | |
| |
| |
|
| |
| |
10 An offence under section 22 of that Act (using chloroform etc. to commit or | |
assist in the committing of any indictable offence). | |
11 An offence under section 23 of that Act (maliciously administering poison | |
etc. so as to endanger life or inflict grievous bodily harm). | |
12 An offence under section 27 of that Act (abandoning children). | 5 |
13 An offence under section 28 of that Act (causing bodily injury by explosives). | |
14 An offence under section 29 of that Act (using explosives etc. with intent to | |
do grievous bodily harm). | |
15 An offence under section 30 of that Act (placing explosives with intent to do | |
bodily injury). | 10 |
16 An offence under section 31 of that Act (setting spring guns etc. with intent | |
to do grievous bodily harm). | |
17 An offence under section 32 of that Act (endangering the safety of railway | |
passengers). | |
18 An offence under section 35 of that Act (injuring persons by furious driving). | 15 |
19 An offence under section 37 of that Act (assaulting officer preserving wreck). | |
20 An offence under section 38 of that Act (assault with intent to resist arrest). | |
21 An offence under section 47 of that Act (assault occasioning actual bodily | |
harm). | |
22 An offence under section 2 of the Explosive Substances Act 1883 (c. 3) | 20 |
(causing explosion likely to endanger life or property). | |
23 An offence under section 3 of that Act (attempt to cause explosion, or | |
making or keeping explosive with intent to endanger life or property). | |
24 An offence under section 1 of the Infant Life (Preservation) Act 1929 (c. 34) | |
(child destruction). | 25 |
25 An offence under section 1 of the Children and Young Persons Act 1933 | |
(c. 12) (cruelty to children). | |
26 An offence under section 1 of the Infanticide Act 1938 (c. 36) (infanticide). | |
27 An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of | |
firearm with intent to endanger life). | 30 |
28 An offence under section 16A of that Act (possession of firearm with intent | |
to cause fear of violence). | |
29 An offence under section 17(1) of that Act (use of firearm to resist arrest). | |
30 An offence under section 17(2) of that Act (possession of firearm at time of | |
committing or being arrested for offence specified in Schedule 1 to that Act). | 35 |
31 An offence under section 18 of that Act (carrying a firearm with criminal | |
intent). | |
32 An offence under section 8 of the Theft Act 1968 (c. 60) (robbery or assault | |
with intent to rob). | |
| |
| |
|
