beyond a reasonable doubt that that time was before the coming into
force of the repeal of the enactment providing for the offence.
The offences referred to in subsection (1)(a) are—
any offence under the Sexual Offences Act 1956 (c. 69);
an offence under section 4 of the Vagrancy Act 1824 (c. 83) (obscene
an offence under section 28 of the Town Police Clauses Act 1847 (c. 89)
an offence under section 61 or 62 of the Offences against the Person Act
1861 (c. 100) (buggery etc.);
an offence under section 128 of the Mental Health Act 1959 (c. 72)
(sexual intercourse with patients);
an offence under section 1 of the Indecency with Children Act 1960
(c. 33) (indecency with children);
an offence under section 4 or 5 of the Sexual Offences Act 1967
(procuring an man to commit buggery and living on the earnings of
an offence under section 9 of the Theft Act 1968 (c. 60) (burglary,
including entering premises with intent to commit rape);
an offence under section 54 of the Criminal Law Act 1977 (c. 45)
(incitement of girl under 16 to commit incest);
an offence under section 1 of the Protection of Children Act 1978 (c. 37)
(indecent photographs of children);
an offence under section 3 of the Sexual Offences (Amendment) Act
2000 (c. 44) (abuse of position of trust);
an offence under section 145 of the Nationality, Immigration and
Asylum Act 2002 (c. 41) (traffic in prostitution).
For the purpose of determining the guilt of the defendant it shall be
conclusively presumed that the time when the conduct took place was—
if the maximum penalty for the pre-commencement offence is less than
the maximum penalty for the 2003 Act offence, a time before the
coming into force of the repeal of the enactment providing for the pre-
commencement offence; and
in any other case, a time after the coming into force of the enactment
providing for the 2003 Act offence.
In subsection (3) the reference, in relation an offence, to the maximum penalty
is a reference to the maximum penalty by way imprisonment or other
detention that could be imposed on the defendant on conviction of the offence
in the proceedings in question.
A reference in this section to an offence under the Sexual Offences Act 2003
(c. 42) or to an offence specified in subsection (2) includes a reference to—
inciting the commission of that offence;
conspiracy to commit that offence; and
attempting to commit that offence;
and, in relation to an offence falling within paragraphs (a) to (c), a reference in
this section to the enactment providing for the offence so falling has effect as a
reference to the enactment providing for the offence under that Act or, as the
case may be, for the offence so specified.
This section applies to any proceedings, whenever commenced, other than
proceedings in which the defendant has been convicted or acquitted of the 2003
Act offence or the pre-commencement offence before the commencement of
Cross-border provisions relating to sexual offences
The following provisions of the Protection of Children and Prevention of
Sexual Offences (Scotland) Act 2005 (asp 9) extend to England and Wales and
to Northern Ireland, as well as to Scotland—
section 17 (which relates to the making of sexual offences prevention
section 18 and the Schedule, so far as they provide for the amendment
of the Sexual Offences Act 2003 (c. 42) (see paragraph 3 of the Schedule,
which relates to the offences in respect of which powers are exercisable
under Part 2 of the 2003 Act).
In section 128 of the Sexual Offences Act 2003 (offence of contravening a risk of
sexual harm order or an interim order), after subsection (1) insert—
In subsection (1) and, accordingly, in section 129(5) the references to a
risk of sexual harm order and to an interim risk of sexual harm order
include references, respectively—
to an order under section 2 of the Protection of Children and
Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)
to an order under section 5 of that Act (interim RSHOs in
and, for the purposes of this section, prohibitions imposed by an order
made in one part of the United Kingdom apply (unless expressly
confined to particular localities) throughout that and every other part
In section 129 of that Act, in subsection (1)(a) (effect of conviction under section
128), for “under section 128” substitute “mentioned in subsection (1A)”; and
after subsection (1) insert—
Those offences are—
an offence under section 128 of this Act;
an offence under section 7 of the Protection of Children and
Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)
(contravention of RSHO or interim RSHO in Scotland).”
Subsection (3) of section 282 of the Criminal Justice Act 2003 (c. 44) (increase of
maximum sentence on summary conviction of an either way offence), so far as
it applies to offences under the Sexual Offences Act 2003, applies to them as
amended, extended or applied by virtue of this section.
Amendment of s. 82 of the Sexual Offences Act 2003
In the table in section 82(1) of the Sexual Offences Act 2003 (notification period
for persons convicted of sexual offences under requirement to notify the police
about certain matters), in the entry relating to a person sentenced to
imprisonment for life or for a term of 30 months or more, for “or for” substitute
“, to imprisonment for public protection under section 225 of the Criminal
Justice Act 2003 or to imprisonment for”.
This section applies in relation to sentences passed before the passing of this
Act, as well as to those passed after that.
The Crime and Disorder Act 1998 (c. 37) is amended as follows.
In section 8 (parenting orders)—
in subsections (1)(b) and (6)(a) for “sex offender order” substitute
“sexual offences prevention order”; and
after subsection (8) insert—
In this section “sexual offences prevention order” means an
order under section 104 of the Sexual Offences Act 2003 (sexual
offences prevention orders).”
In section 18(1) (interpretation etc of Chapter 1 of Part 1), omit the definition of
The amendments made by subsection (2) have effect in relation to court
proceedings in which an order under section 104 of the Sexual Offences Act
2003 (c. 42) is made before the passing of this Act, as well as those in which
such an order is made after that.
Committal of young persons of unruly character
In section 23(1) of the Children and Young Persons Act 1969 (c. 54) (remand to
local authority accommodation etc. of young persons of unruly character)—
in paragraph (a), for “commits him for trial or” substitute “sends him
for trial or commits him for”;
for “the remand or committal”, substitute “the remand, sending or
for “a reference to a committal”, substitute “a reference to such a
Offering or agreeing to re-programme a mobile telephone
In section 1(1) of the Mobile Telephones (Re-programming) Act 2002 (c. 31)
(offence of re-programming mobile telephone etc), omit “or” at the end of
paragraph (a) and after paragraph (b) insert—
he offers or agrees to change, or interfere with the operation of,
a unique device identifier, or
he offers or agrees to arrange for another person to change, or
interfere with the operation of, a unique device identifier.”
There shall be paid out of money provided by Parliament any increase
attributable to this Act in the sums payable out of such money under any other
The enactments listed in column 1 of Schedule 4 are repealed to the extent set
out in column 2 of that Schedule.
Short title, commencement and extent
This Act may be cited as the Violent Crime Reduction Act 2005.
This Act, other than—
section 51 and the repeal in section 18(1) of the Crime and Disorder Act
shall come into force on such day as the relevant national authority may by
order made by statutory instrument appoint; and different days may be
appointed for different purposes, including different areas.
In subsection (2) “the relevant national authority”—
in relation to section 41 so far as it authorises the exercise of powers in
relation to pupils of schools in Wales, means the National Assembly for
in all other cases, means the Secretary of State.
This Part and section 53 extend to the United Kingdom, except that the repeals
in Schedule 4 extend only so far as the enactments repealed.
Sections 24 to 38 and 43 extend to Great Britain only.
Section 44 and Schedule 1 extend to Northern Ireland only.
Section 47 and Schedule 3, sections 48 to 50 and the repeal by Schedule 4 of
section 141(3) of the Criminal Justice Act 1988 (c. 33) extend to England and
Wales and Northern Ireland only.
The other provisions of this Act extend to England and Wales only.