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Sexual Offences Bill [HL]


Sexual Offences Bill [HL]
Schedule 3 — Sexual offences for purposes of Part 2

    89

 

              (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

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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—

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              (a)             was 18 or over, or

 

 

Sexual Offences Bill [HL]
Schedule 3 — Sexual offences for purposes of Part 2

    90

 

              (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

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              (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—

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              (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;

 

 

Sexual Offences Bill [HL]
Schedule 3 — Sexual offences for purposes of Part 2

    91

 

              (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

 

 

Sexual Offences Bill [HL]
Schedule 3 — Sexual offences for purposes of Part 2

    92

 

  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

 

 

Sexual Offences Bill [HL]
Schedule 4 — Procedure for ending notification requirements for abolished homosexual offences

    93

 

  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

 

 

Sexual Offences Bill [HL]
Schedule 5 — Other offences for purposes of Part 2

    94

 

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).

 

 

Sexual Offences Bill [HL]
Schedule 5 — Other offences for purposes of Part 2

    95

 

  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).

 

 

 
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