Sexual Offences Act 2003: Notification Requirements and Orders, Schemes and Mind Maps of Art

Download Sexual Offences Act 2003: Notification Requirements and Orders and more Schemes and Mind Maps Art in PDF only on Docsity! Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Sexual Offences Act 2003 2003 CHAPTER 42 An Act to make new provision about sexual offences, their prevention and the protection of children from harm from other sexual acts, and for connected purposes. [20th November 2003] BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— PART 1 SEXUAL OFFENCES Rape 1 Rape (1) A person (A) commits an offence if— (a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, (b) B does not consent to the penetration, and (c) A does not reasonably believe that B consents. (2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. (3) Sections 75 and 76 apply to an offence under this section. (4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life. 2 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Assault 2 Assault by penetration (1) A person (A) commits an offence if— (a) he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else, (b) the penetration is sexual, (c) B does not consent to the penetration, and (d) A does not reasonably believe that B consents. (2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. (3) Sections 75 and 76 apply to an offence under this section. (4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life. 3 Sexual assault (1) A person (A) commits an offence if— (a) he intentionally touches another person (B), (b) the touching is sexual, (c) B does not consent to the touching, and (d) A does not reasonably believe that B consents. (2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. (3) Sections 75 and 76 apply to an offence under this section. (4) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years. Causing sexual activity without consent 4 Causing a person to engage in sexual activity without consent (1) A person (A) commits an offence if— (a) he intentionally causes another person (B) to engage in an activity, (b) the activity is sexual, (c) B does not consent to engaging in the activity, and (d) A does not reasonably believe that B consents. (2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. (3) Sections 75 and 76 apply to an offence under this section. Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 5 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 10 Causing or inciting a child to engage in sexual activity (1) A person aged 18 or over (A) commits an offence if— (a) he intentionally causes or incites another person (B) to engage in an activity, (b) the activity is sexual, and (c) either— (i) B is under 16 and A does not reasonably believe that B is 16 or over, or (ii) B is under 13. (2) A person guilty of an offence under this section, if the activity caused or incited involved— (a) penetration of B’s anus or vagina, (b) penetration of B’s mouth with a person’s penis, (c) penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or (d) penetration of a person’s mouth with B’s penis, is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years. (3) Unless subsection (2) applies, a person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years. 11 Engaging in sexual activity in the presence of a child (1) A person aged 18 or over (A) commits an offence if— (a) he intentionally engages in an activity, (b) the activity is sexual, (c) for the purpose of obtaining sexual gratification, he engages in it— (i) when another person (B) is present or is in a place from which A can be observed, and (ii) knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it, and (d) either— (i) B is under 16 and A does not reasonably believe that B is 16 or over, or (ii) B is under 13. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years. 12 Causing a child to watch a sexual act (1) A person aged 18 or over (A) commits an offence if— 6 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity, (b) the activity is sexual, and (c) either— (i) B is under 16 and A does not reasonably believe that B is 16 or over, or (ii) B is under 13. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years. 13 Child sex offences committed by children or young persons (1) A person under 18 commits an offence if he does anything which would be an offence under any of sections 9 to 12 if he were aged 18. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years. 14 Arranging or facilitating commission of a child sex offence (1) A person commits an offence if— (a) he intentionally arranges or facilitates something that he intends to do, intends another person to do, or believes that another person will do, in any part of the world, and (b) doing it will involve the commission of an offence under any of sections 9 to 13. (2) A person does not commit an offence under this section if— (a) he arranges or facilitates something that he believes another person will do, but that he does not intend to do or intend another person to do, and (b) any offence within subsection (1)(b) would be an offence against a child for whose protection he acts. (3) For the purposes of subsection (2), a person acts for the protection of a child if he acts for the purpose of— (a) protecting the child from sexually transmitted infection, (b) protecting the physical safety of the child, (c) preventing the child from becoming pregnant, or (d) promoting the child’s emotional well-being by the giving of advice, and not for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence within subsection (1)(b) or the child’s participation in it. (4) A person guilty of an offence under this section is liable— Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 7 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years. 15 Meeting a child following sexual grooming etc. [F1(1) A person aged 18 or over (A) commits an offence if— [F2(a) A has met or communicated with another person (B) [F3on one or more occasions] and subsequently— (i) A intentionally meets B, (ii) A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or (iii) B travels with the intention of meeting A in any part of the world, (b) A intends to do anything to or in respect of B, during or after the meeting mentioned in paragraph (a)(i) to (iii) and in any part of the world, which if done will involve the commission by A of a relevant offence,] (c) B is under 16, and (d) A does not reasonably believe that B is 16 or over. (2) In subsection (1)— (a) the reference to A having met or communicated with B is a reference to A having met B in any part of the world or having communicated with B by any means from, to or in any part of the world; (b) “relevant offence” means— (i) an offence under this Part, (ii) F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iii) anything done outside England and Wales F5. . . which is not an offence within sub-paragraph (i) F5. . . but would be an offence within sub-paragraph (i) if done in England and Wales. (3) F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.] Textual Amendments F1 S. 15 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(a), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2 F2 S. 15(1)(a)(b) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(7), Sch. 15 para. 1; S.I. 2008/1586, art. 2, Sch. 1 para. 35 (subject to Sch. 2) F3 Words in s. 15(1)(a) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 36(1), 95(1) (with s. 36(2)); S.I. 2015/778, art. 3, Sch. 1 para. 30 F4 S. 15(2)(b)(ii) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 4(2); S.I. 2008/510, art. 2 10 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (3) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it. (4) Where in proceedings for an offence under this section— (a) it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and (b) it is not proved that he was in such a position of trust by virtue of other circumstances, it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances. (5) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.] Textual Amendments F9 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2 18 Abuse of position of trust: sexual activity in the presence of a child [F10(1) A person aged 18 or over (A) commits an offence if— (a) he intentionally engages in an activity, (b) the activity is sexual, (c) for the purpose of obtaining sexual gratification, he engages in it— (i) when another person (B) is present or is in a place from which A can be observed, and (ii) knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it, (d) A is in a position of trust in relation to B, (e) where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and (f) either— (i) B is under 18 and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) This subsection applies where A— (a) is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and (b) is not in such a position of trust by virtue of other circumstances. Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 11 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (3) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it. (4) Where in proceedings for an offence under this section— (a) it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and (b) it is not proved that he was in such a position of trust by virtue of other circumstances, it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances. (5) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.] Textual Amendments F10 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2 19 Abuse of position of trust: causing a child to watch a sexual act [F11(1) A person aged 18 or over (A) commits an offence if— (a) for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity, (b) the activity is sexual, (c) A is in a position of trust in relation to B, (d) where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and (e) either— (i) B is under 18 and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) This subsection applies where A— (a) is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and (b) is not in such a position of trust by virtue of other circumstances. (3) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that 12 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it. (4) Where in proceedings for an offence under this section— (a) it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and (b) it is not proved that he was in such a position of trust by virtue of other circumstances, it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances. (5) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.] Textual Amendments F11 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2 20 Abuse of position of trust: acts done in Scotland [F12Anything which, if done in England and Wales F13. . . , would constitute an offence under any of sections 16 to 19 also constitutes that offence if done in Scotland [F14or Northern Ireland].] Textual Amendments F12 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2 F13 Words in s. 20 omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 5(2); S.R. 2008/510, art. 2 F14 Words in s. 20 inserted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 5(3); S.R. 2008/510, art. 2 21 Positions of trust [F15(1) For the purposes of sections 16 to 19, a person (A) is in a position of trust in relation to another person (B) if— (a) any of the following subsections applies, or (b) any condition specified in an order made by the Secretary of State is met. (2) This subsection applies if A looks after persons under 18 who are detained in an institution by virtue of a court order or under an enactment, and B is so detained in that institution. Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 15 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F25 S. 21(4)(f) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(3)(d); S.R. 2008/510, art. 2 F26 S. 21(4)(g) and word inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 21 F27 S. 21(4)(h) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 24 F28 S. 21(6) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(4); S.R. 2008/510, art. 2 F29 S. 21(7)(b) substituted (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 169(1), 173(4), Sch. 1 para. 81; S.I. 2008/3077, art. 4(g) F30 Words in s. 21(8)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(c) F31 S. 21(8)(b) and preceding word omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(5); S.R. 2008/510, art. 2 F32 Words in s. 21(9) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(6); S.R. 2008/510, art. 2 F33 S. 21(10)(b) and preceding word omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(7); S.R. 2008/510, art. 2 F34 Word in s. 21(10)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(d) F35 S. 21(10)(aa) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(e) F36 Words in s. 21(12)(a) inserted (E.W.) (1.4.2005) by Children Act 2004 (c. 31), ss. 40, 67, Sch. 3 para. 18; S.I. 2005/700, art. 2(2) F37 Word in s. 21(12)(b) omitted (6.4.2011) by virtue of The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), art. 15(a) F38 Words in s. 21(12)(c) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(8); S.R. 2008/510, art. 2 F39 Word in s. 21(12)(c) inserted (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), art. 15(b) F40 S. 21(12)(d) inserted (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), art. 15(c) 22 Positions of trust: interpretation [F41(1) The following provisions apply for the purposes of section 21. (2) Subject to subsection (3), a person looks after persons under 18 if he is regularly involved in caring for, training, supervising or being in sole charge of such persons. (3) A person (A) looks after another person (B) on an individual basis if— (a) A is regularly involved in caring for, training or supervising B, and (b) in the course of his involvement, A regularly has unsupervised contact with B (whether face to face or by any other means). (4) A person receives education at an educational institution if— (a) he is registered or otherwise enrolled as a pupil or student at the institution, or (b) he receives education at the institution under arrangements with another educational institution at which he is so registered or otherwise enrolled. (5) In section 21— 16 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes “authority”— (a) in relation to England and Wales, means a local authority; (b) F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “care home” means an establishment [F43in England] which is a care home for the purposes of the Care Standards Act 2000 (c. 14); [F44“care home service” has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2);] “care order” has— (a) in relation to England and Wales, the same meaning as in the Children Act 1989 (c. 41); F45. . . (b) F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “children’s home” has— (a) in relation to England F46..., the meaning given by section 1 of the Care Standards Act 2000; F47. . . (b) F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “community home” has [F48, in relation to England] the meaning given by section 53 of the Children Act 1989; “education supervision order” has— (a) in relation to England and Wales, the meaning given by section 36 of the Children Act 1989; F49. . . (b) F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F50“hospital” means— (a) a hospital as defined by section 275 of the National Health Service Act 2006, or section 206 of the National Health Service (Wales) Act 2006; or (b) any other establishment— (i) in England, in which any of the services listed in subsection (6) are provided; and (ii) in Wales, which is a hospital within the meaning given by section 2(3) of the Care Standards Act 2000;] “independent clinic” has— (a) F51. . . the meaning given by section 2 of the Care Standards Act 2000; (b) F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F54“secure accommodation service” has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;] “supervision order” has— (a) in relation to England and Wales, the meaning given by section 31(11) of the Children Act 1989 (c. 41); F55. . . (b) F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “voluntary home” has— (a) in relation to England F56. . . , the meaning given by section 60(3) of the Children Act 1989. F57. . . (b) F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F58(6) The services referred to in paragraph (b)(i) of the definition of “hospital” are as follows— Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 17 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) medical treatment under anaesthesia or intravenously administered sedation; (b) dental treatment under general anaesthesia; (c) obstetric services and, in connection with childbirth, medical services; (d) termination of pregnancies; (e) cosmetic surgery, other than— (i) ear and body piercing; (ii) tattooing; (iii) the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; or (iv) the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.]] Textual Amendments F41 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2 F42 S. 22(5): paragraph (b) of the definition of "authority" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(a); S.R. 2008/510, art. 2 F43 Words in s. 22(5) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 22(a) F44 Words in s. 22(5) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 22(b) F45 S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "care order" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(b); S.R. 2008/510, art. 2 F46 Words in s. 22(5) omitted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 22(c) F47 S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "children's home" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(c); S.R. 2008/510, art. 2 F48 Words in s. 22(5) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 22(d) F49 S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "education supervision order" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(d); S.R. 2008/510, art. 2 F50 S. 22(5): definition of "hospital" substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(3)(a)(i) F51 S. 22(5): words in definition of "independent clinic" omitted (1.10.2010) by virtue of The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(3)(a)(ii) F52 S. 22(5): paragraph (b) of the definition of "independent clinic" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(f); S.R. 2008/510, art. 2 F53 S. 22(5): definitions of "private hospital", "residential care home" and "residential family centre" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(g); S.R. 2008/510, art. 2 F54 Words in s. 22(5) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 25 F55 S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "supervision order" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(h); S.R. 2008/510, art. 2 20 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 26 Inciting a child family member to engage in sexual activity (1) A person (A) commits an offence if— (a) he intentionally incites another person (B) to touch, or allow himself to be touched by, A, (b) the touching is sexual, (c) the relation of A to B is within section 27, (d) A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and (e) either— (i) B is under 18 and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it. (3) Where in proceedings for an offence under this section it is proved that the relation of the defendant to the other person was of a description falling within section 27, it is to be taken that the defendant knew or could reasonably have been expected to know that his relation to the other person was of that description unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that it was. (4) A person guilty of an offence under this section, if he was aged 18 or over at the time of the offence, is liable— (a) where subsection (6) applies, on conviction on indictment to imprisonment for a term not exceeding 14 years; (b) in any other case— (i) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (ii) on conviction on indictment, to imprisonment for a term not exceeding 14 years. (5) Unless subsection (4) applies, a person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years. (6) This subsection applies where the touching to which the incitement related involved— (a) penetration of B’s anus or vagina with a part of A’s body or anything else, (b) penetration of B’s mouth with A’s penis, (c) penetration of A’s anus or vagina with a part of B’s body, or (d) penetration of A’s mouth with B’s penis. 27 Family relationships (1) The relation of one person (A) to another (B) is within this section if— (a) it is within any of subsections (2) to (4), or Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 21 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) it would be within one of those subsections but for [F64section 39 of the Adoption Act 1976 or] section 67 of the Adoption and Children Act 2002 (c. 38) (status conferred by adoption). (2) The relation of A to B is within this subsection if— (a) one of them is the other’s parent, grandparent, brother, sister, half-brother, half-sister, aunt or uncle, or (b) A is or has been B’s foster parent. (3) The relation of A to B is within this subsection if A and B live or have lived in the same household, or A is or has been regularly involved in caring for, training, supervising or being in sole charge of B, and— (a) one of them is or has been the other’s step-parent, (b) A and B are cousins, (c) one of them is or has been the other’s stepbrother or stepsister, or (d) the parent or present or former foster parent of one of them is or has been the other’s foster parent. (4) The relation of A to B is within this subsection if— (a) A and B live in the same household, and (b) A is regularly involved in caring for, training, supervising or being in sole charge of B. (5) For the purposes of this section— (a) “aunt” means the sister or half-sister of a person’s parent, and “uncle” has a corresponding meaning; (b) “cousin” means the child of an aunt or uncle; (c) a person is a child’s foster parent if [F65(i) he is a person with whom the child has been placed under section 22C of the Children Act 1989 in a placement falling within subsection (6) (a) or (b) of that section (placement with local authority foster parent), (ia) he is a person with whom the child has been placed under section 59(1)(a) of that Act (placement by voluntary organisation),] [F66(ib) he is a person with whom the child has been placed under section 81 of the Social Services and Well-being (Wales) Act 2014 in a placement falling within subsection (6)(a) or (b) of that section (placement with a local authority foster parent),] (ii) he fosters the child privately, within the meaning given by section 66(1)(b) of that Act; (d) a person is another’s partner (whether they are of different sexes or the same sex) if they live together as partners in an enduring family relationship; (e) “step-parent” includes a parent’s partner and “stepbrother” and “stepsister” include the child of a parent’s partner. Textual Amendments F64 Words in s. 27(1)(b) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 3 F65 S. 27(5)(c)(i)(ia) substituted for s. 27(5)(c)(i) (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 16; S.I. 2010/2981, art. 4(e); S.I. 2016/452, art. 2(b) 22 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F66 S. 27(5)(c)(ib) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 203 28 Sections 25 and 26: [F67exception for spouses and civil partners] (1) Conduct by a person (A) which would otherwise be an offence under section 25 or 26 against another person (B) is not an offence under that section if at the time— (a) B is 16 or over, and (b) A and B are lawfully married [F68or civil partners of each other]. (2) In proceedings for such an offence it is for the defendant to prove that A and B [F69were at the time lawfully married or civil partners of each other]. Textual Amendments F67 S. 28: words in heading substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 174(4); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5)) F68 Words in s. 28(1)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 174(2); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5)) F69 Words in s. 28(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 174(3); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5)) 29 Sections 25 and 26: sexual relationships which pre-date family relationships (1) Conduct by a person (A) which would otherwise be an offence under section 25 or 26 against another person (B) is not an offence under that section if— (a) the relation of A to B is not within subsection (2) of section 27, (b) it would not be within that subsection if [F70section 39 of the Adoption Act 1976 or] section 67 of the Adoption and Children Act 2002 (c. 38) did not apply, and (c) immediately before the relation of A to B first became such as to fall within section 27, a sexual relationship existed between A and B. (2) Subsection (1) does not apply if at the time referred to in subsection (1)(c) sexual intercourse between A and B would have been unlawful. (3) In proceedings for an offence under section 25 or 26 it is for the defendant to prove the matters mentioned in subsection (1)(a) to (c). Textual Amendments F70 Words in s. 29(1)(b) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 4 Offences against persons with a mental disorder impeding choice 30 Sexual activity with a person with a mental disorder impeding choice (1) A person (A) commits an offence if— (a) he intentionally touches another person (B), Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 25 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) he lacks the capacity to choose whether to agree to watching or looking (whether because he lacks sufficient understanding of the nature of the activity, or for any other reason), or (b) he is unable to communicate such a choice to A. (3) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years. Inducements etc. to persons with a mental disorder 34 Inducement, threat or deception to procure sexual activity with a person with a mental disorder (1) A person (A) commits an offence if— (a) with the agreement of another person (B) he intentionally touches that person, (b) the touching is sexual, (c) A obtains B’s agreement by means of an inducement offered or given, a threat made or a deception practised by A for that purpose, (d) B has a mental disorder, and (e) A knows or could reasonably be expected to know that B has a mental disorder. (2) A person guilty of an offence under this section, if the touching involved— (a) penetration of B’s anus or vagina with a part of A’s body or anything else, (b) penetration of B’s mouth with A’s penis, (c) penetration of A’s anus or vagina with a part of B’s body, or (d) penetration of A’s mouth with B’s penis, is liable, on conviction on indictment, to imprisonment for life. (3) Unless subsection (2) applies, a person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years. 35 Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception (1) A person (A) commits an offence if— (a) by means of an inducement offered or given, a threat made or a deception practised by him for this purpose, he intentionally causes another person (B) to engage in, or to agree to engage in, an activity, (b) the activity is sexual, (c) B has a mental disorder, and (d) A knows or could reasonably be expected to know that B has a mental disorder. 26 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (2) A person guilty of an offence under this section, if the activity caused or agreed to involved— (a) penetration of B’s anus or vagina, (b) penetration of B’s mouth with a person’s penis, (c) penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or (d) penetration of a person’s mouth with B’s penis, is liable, on conviction on indictment, to imprisonment for life. (3) Unless subsection (2) applies, a person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years. 36 Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder (1) A person (A) commits an offence if— (a) he intentionally engages in an activity, (b) the activity is sexual, (c) for the purpose of obtaining sexual gratification, he engages in it— (i) when another person (B) is present or is in a place from which A can be observed, and (ii) knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it, (d) B agrees to be present or in the place referred to in paragraph (c)(i) because of an inducement offered or given, a threat made or a deception practised by A for the purpose of obtaining that agreement, (e) B has a mental disorder, and (f) A knows or could reasonably be expected to know that B has a mental disorder. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years. 37 Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception (1) A person (A) commits an offence if— (a) for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity, (b) the activity is sexual, Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 27 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (c) B agrees to watch or look because of an inducement offered or given, a threat made or a deception practised by A for the purpose of obtaining that agreement, (d) B has a mental disorder, and (e) A knows or could reasonably be expected to know that B has a mental disorder. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years. Care workers for persons with a mental disorder 38 Care workers: sexual activity with a person with a mental disorder (1) A person (A) commits an offence if— (a) he intentionally touches another person (B), (b) the touching is sexual, (c) B has a mental disorder, (d) A knows or could reasonably be expected to know that B has a mental disorder, and (e) A is involved in B’s care in a way that falls within section 42. (2) Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it. (3) A person guilty of an offence under this section, if the touching involved— (a) penetration of B’s anus or vagina with a part of A’s body or anything else, (b) penetration of B’s mouth with A’s penis, (c) penetration of A’s anus or vagina with a part of B’s body, or (d) penetration of A’s mouth with B’s penis, is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years. (4) Unless subsection (3) applies, a person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years. 39 Care workers: causing or inciting sexual activity (1) A person (A) commits an offence if— (a) he intentionally causes or incites another person (B) to engage in an activity, 30 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) is, whether or not in the course of employment, a provider of care, assistance or services to B in connection with B’s mental disorder, and (b) as such, has had or is likely to have regular face to face contact with B. (5) In this section— [F75“care home” means— (a) an establishment in England which is a care home for the purposes of the Care Standards Act 2000 (c. 14); and (b) a place in Wales at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons aged 18 or over;] [F76“children’s home”— (a) has the meaning given by section 1 of the Care Standards Act 2000 in relation to a children’s home in England, and (b) means a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons under the age of 18;] “community home” has the meaning given by section 53 of the Children Act 1989 (c. 41); “employment” means any employment, whether paid or unpaid and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract; [F77“independent clinic” has the meaning given by section 2 of the Care Standards Act 2000; “independent hospital”— (a) in England, means— (i) a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; or (ii) any other establishment in which any of the services listed in section 22(6) are provided and which is not a health service hospital as so defined; and (b) in Wales, has the meaning given by section 2 of the Care Standards Act 2000; “independent medical agency” means an undertaking (not being an independent hospital, or in Wales an independent clinic) which consists of or includes the provision of services by medical practitioners;] “National Health Service body” means— (a) a [F78Local Health Board], (b) a National Health Service trust, (ba) [F79the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006, (bb) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1 to 7B, or 13 of Schedule 1 to, the National Health Service Act 2006,] (c) F80... (d) a Special Health Authority; Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 31 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F81“secure accommodation service” has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;] “voluntary home” has the meaning given by section 60(3) of the Children Act 1989. [F82(6) In subsection (5), in the definition of “independent medical agency”, “undertaking” includes any business or profession and— (a) in relation to a public or local authority, includes the exercise of any functions of that authority; and (b) in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body.] Textual Amendments F71 Words in s. 42(2)(a) substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(a) F72 Words in s. 42(2)(b) omitted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(b)(i) F73 Words in s. 42(2)(b) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(b)(ii) F74 S. 42(3) substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(4)(a) F75 Words in s. 42(5) substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(c)(i) F76 Words in s. 42(5) substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(c)(ii) F77 S. 42(5): definitions of "independent clinic", "independent hospital" and "independent medical emergency" substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(4)(b) F78 S. 42(5): words in definition of "National Health Service body" substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 33 F79 S. 42(5) definition of “National Health Service body” paras. (ba), (bb) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 117(a); S.I. 2013/160, art. 2(2) (with arts. 7-9) F80 S. 42(5) definition of “National Health Service body” para. (c) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 117(b); S.I. 2013/160, art. 2(2) (with arts. 7-9) F81 Words in s. 42(5) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(c)(iii) F82 S. 42(6) added (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(4)(c) 43 Sections 38 to 41: [F83exception for spouses and civil partners] (1) Conduct by a person (A) which would otherwise be an offence under any of sections 38 to 41 against another person (B) is not an offence under that section if at the time— (a) B is 16 or over, and (b) A and B are lawfully married [F84or civil partners of each other]. (2) In proceedings for such an offence it is for the defendant to prove that A and B [F85were at the time lawfully married or civil partners of each other]. 32 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F83 S. 43: words in heading substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 175(4); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5)) F84 Words in s. 43(1)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 175(2); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5)) F85 Words in s. 43(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 175(3); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5)) 44 Sections 38 to 41: sexual relationships which pre-date care relationships (1) Conduct by a person (A) which would otherwise be an offence under any of sections 38 to 41 against another person (B) is not an offence under that section if, immediately before A became involved in B’s care in a way that falls within section 42, a sexual relationship existed between A and B. (2) Subsection (1) does not apply if at that time sexual intercourse between A and B would have been unlawful. (3) In proceedings for an offence under any of sections 38 to 41 it is for the defendant to prove that such a relationship existed at that time. Indecent photographs of children 45 Indecent photographs of persons aged 16 or 17 (1) The Protection of Children Act 1978 (c. 37) (which makes provision about indecent photographs of persons under 16) is amended as follows. (2) In section 2(3) (evidence) and section 7(6) (meaning of “child”), for “16” substitute “ 18 ”. (3) After section 1 insert— “1A Marriage and other relationships (1) This section applies where, in proceedings for an offence under section 1(1) (a) of taking or making an indecent photograph of a child, or for an offence under section 1(1)(b) or (c) relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time of the offence charged the child and he— (a) were married, or (b) lived together as partners in an enduring family relationship. (2) Subsections (5) and (6) also apply where, in proceedings for an offence under section 1(1)(b) or (c) relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he— (a) were married, or (b) lived together as partners in an enduring family relationship. Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 35 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F86Sexual exploitation of children] Textual Amendments F86 S. 47 cross-heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(2), 88(1); S.I. 2015/820, reg. 2(l) 47 Paying for sexual services of a child [F87(1) A person (A) commits an offence if— (a) he intentionally obtains for himself the sexual services of another person (B), (b) before obtaining those services, he has made or promised payment for those services to B or a third person, or knows that another person has made or promised such a payment, and (c) either— (i) B is under 18, and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) In this section, “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount. (3) A person guilty of an offence under this section against a person under 13, where subsection (6) applies, is liable on conviction on indictment to imprisonment for life. (4) Unless subsection (3) applies, a person guilty of an offence under this section against a person under 16 is liable— (a) where subsection (6) applies, on conviction on indictment, to imprisonment for a term not exceeding 14 years; (b) in any other case— (i) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (ii) on conviction on indictment, to imprisonment for a term not exceeding 14 years. (5) Unless subsection (3) or (4) applies, a person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 7 years. (6) This subsection applies where the offence involved— (a) penetration of B’s anus or vagina with a part of A’s body or anything else, (b) penetration of B’s mouth with A’s penis, (c) penetration of A’s anus or vagina with a part of B’s body or by B with anything else, or (d) penetration of A’s mouth with B’s penis. (7) F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .] 36 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F87 Ss. 47-51 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(c), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2 F88 S. 47(7) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 8; S.R. 2008/510, art. 2 48 Causing or inciting [F89sexual exploitation of a child] [F90(1) A person (A) commits an offence if— (a) he intentionally causes or incites another person (B) [F91to be sexually exploited] in any part of the world, and (b) either— (i) B is under 18, and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.] Textual Amendments F89 Words in s. 48 heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(3)(a), 88(1); S.I. 2015/820, reg. 2(l) F90 Ss. 47-51 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(c), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2 F91 Words in s. 48(1)(a) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(3)(b), 88(1); S.I. 2015/820, reg. 2(l) 49 Controlling a child [F92in relation to sexual exploitation] [F93(1) A person (A) commits an offence if— (a) he intentionally controls any of the activities of another person (B) relating to B’s [F94sexual exploitation] in any part of the world, and (b) either— (i) B is under 18, and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.] Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 37 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F92 Words in s. 49 heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(4)(a), 88(1); S.I. 2015/820, reg. 2(l) F93 Ss. 47-51 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(c), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2 F94 Words in s. 49(1)(a) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(4)(b), 88(1); S.I. 2015/820, reg. 2(l) 50 Arranging or facilitating [F95sexual exploitation of a child] [F96(1) A person (A) commits an offence if— (a) he intentionally arranges or facilitates the [F97sexual exploitation] in any part of the world of another person (B), and (b) either— (i) B is under 18, and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.] Textual Amendments F95 Words in s. 50 heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(5)(a), 88(1); S.I. 2015/820, reg. 2(l) F96 Ss. 47-51 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(c), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2 F97 Words in s. 50(1)(a) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(5)(b), 88(1); S.I. 2015/820, reg. 2(l) 51 Sections 48 to 50: interpretation F98[F99(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F100(2) For the purposes of sections 48 to 50, a person (B) is sexually exploited if— (a) on at least one occasion and whether or not compelled to do so, B offers or provides sexual services to another person in return for payment or a promise of payment to B or a third person, or (b) an indecent image of B is recorded [F101or streamed or otherwise transmitted] ; and “sexual exploitation” is to be interpreted accordingly.] (3) In subsection (2), “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.] 40 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F106 S. 53A inserted (1.4.2010) by Policing and Crime Act 2009, {ss. 14}, 116(1); S.I. 2010/507, art. 5(a) (subject to art. 6) 54 [F107Sections 51A to 53A]: interpretation [F108(1) In [F109sections 52, 53 and 53A], “gain” means— (a) any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount; or (b) the goodwill of any person which is or appears likely, in time, to bring financial advantage. [F110(2) In sections 51A, 52, 53 and 53A “prostitute” means a person (A) who, on at least one occasion and whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment to A or a third person; and “prostitution” is to be interpreted accordingly. (3) In subsection (2) and section 53A, “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.]] Textual Amendments F107 S. 54 heading: words substituted (1.4.2010) by Policing and Crime Act 2009, ss. 112(1), 116(1), {Sch. 7 para. 24(d)}; S.I. 2010/507, art. 5(v) (with transitional and savings provision in art. 6) F108 Ss. 52-54 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(d), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2 F109 Words in s. 54(1) substituted (1.4.2010) by Policing and Crime Act 2009, ss. 112(1), 116(1), {Sch. 7 para. 24(a)}; S.I. 2010/507, art. 5(v) (subject to art. 6) F110 S. 54(2)(3) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 62; S.I. 2015/820, reg. 2(r)(vi) Amendments relating to prostitution 55 Penalties for keeping a brothel used for prostitution (1) The Sexual Offences Act 1956 (c. 69) is amended as follows. (2) After section 33 insert— “33A Keeping a brothel used for prostitution (1) It is an offence for a person to keep, or to manage, or act or assist in the management of, a brothel to which people resort for practices involving prostitution (whether or not also for other practices). (2) In this section “prostitution” has the meaning given by section 51(2) of the Sexual Offences Act 2003.” Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 41 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (3) In Schedule 2 (mode of prosecution, punishment etc.), after paragraph 33 insert (as a paragraph with no entry in the fourth column)— “33A Keeping a brothel used for prostitution (section 33A). (i) on indictment (ii) summarily Seven years Six months, or the statutory maximum, or both.” 56 Extension of gender-specific prostitution offences Schedule 1 (extension of gender-specific prostitution offences) has effect. Trafficking F115[F11458A]Trafficking outside the UK for sexual exploitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F114 S. 58A inserted (N.I.) (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 6(1), 15(1) F115 Ss. 57-60C repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 5 F116[F11159Trafficking out of the UK for sexual exploitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .] Textual Amendments F111 S. 59A substituted (E.W) (6.4.2013) for ss. 57-59 by Protection of Freedoms Act 2012 (c. 9), ss. 109(2), 120 (with s. 97); S.I. 2013/470, art. 2(a) (with arts. 3(a), 5-8) F116 Ss. 57-60C repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 5 F11759A Trafficking people for sexual exploitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F117 Ss. 59A-60C omitted (E.W.) (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 5(2); S.I. 2015/1476, reg. 2(j) (with regs. 36-8) 42 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F119F11760[F118Section 59A: interpretation] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F117 Ss. 59A-60C omitted (E.W.) (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 5(2); S.I. 2015/1476, reg. 2(j) (with regs. 36-8) F118 S. 60 title substituted (E.W.) (6.4.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 109(5), 120 (with s. 97); S.I. 2013/470, art. 2(a) (with arts. 3(a), 5-8) F119 Ss. 57-60C repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 5 F121F117[F12060AForfeiture of land vehicle, ship or aircraft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F117 Ss. 59A-60C omitted (E.W.) (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 5(2); S.I. 2015/1476, reg. 2(j) (with regs. 36-8) F120 Ss. 60A-60C inserted (E.W.N.I.) (12.2.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 54, 66(2), Sch. 4 para. 2; S.I. 2007/74, art. 2(b) F121 Ss. 57-60C repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 5 F122F11760BDetention of land vehicle, ship or aircraft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F117 Ss. 59A-60C omitted (E.W.) (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 5(2); S.I. 2015/1476, reg. 2(j) (with regs. 36-8) F120 Ss. 60A-60C inserted (E.W.N.I.) (12.2.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 54, 66(2), Sch. 4 para. 2; S.I. 2007/74, art. 2(b) F122 Ss. 57-60C repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 5 F123F11760CSections 60A and 60B: interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .] Textual Amendments F117 Ss. 59A-60C omitted (E.W.) (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 5(2); S.I. 2015/1476, reg. 2(j) (with regs. 36-8) F120 Ss. 60A-60C inserted (E.W.N.I.) (12.2.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 54, 66(2), Sch. 4 para. 2; S.I. 2007/74, art. 2(b) Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 45 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or (b) section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date), is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3) (za) and (zb) above.] Textual Amendments F124 Words in s. 64(1) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 5(2) F125 S. 64(2)(za)(zb) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 5(3) F126 S. 64(3A) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 5(4) F127 S. 64(6) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 5(5) Modifications etc. (not altering text) C1 S. 64 modified (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), reg. 5, Sch. 4 C2 S. 64 modified (21.12.2018) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2018 (S.I. 2018/1412), reg. 1(2), Sch. 4 para. 20 65 Sex with an adult relative: consenting to penetration (1) A person aged 16 or over (A) [F128(subject to subsection (3A))] commits an offence if— (a) another person (B) penetrates A’s vagina or anus with a part of B’s body or anything else, or penetrates A’s mouth with B’s penis, (b) A consents to the penetration, (c) the penetration is sexual, (d) B is aged 18 or over, (e) A is related to B in a way mentioned in subsection (2), and (f) A knows or could reasonably be expected to know that he is related to B in that way. (2) The ways that A may be related to B are as parent, grandparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece. (3) In subsection (2)— [F129(za) “parent” includes an adoptive parent; (zb) “child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;] (a) “uncle” means the brother of a person’s parent, and “aunt” has a corresponding meaning; 46 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) “nephew” means the child of a person’s brother or sister, and “niece” has a corresponding meaning. [F130(3A) Where subsection (1) applies in a case where A is related to B as B's child by virtue of subsection (3)(zb), A does not commit an offence under this section unless A is 18 or over.] (4) Where in proceedings for an offence under this section it is proved that the defendant was related to the other person in any of those ways, it is to be taken that the defendant knew or could reasonably have been expected to know that he was related in that way unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that he was. (5) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years. [F131(6) Nothing in— (a) section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or (b) section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date), is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3) (za) and (zb) above.] Textual Amendments F128 Words in s. 65(1) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 6(2) F129 S. 65(3)(za)(zb) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 6(3) F130 S. 65(3A) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 6(4) F131 S. 65(6) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 6(5) Modifications etc. (not altering text) C3 S. 65 modified (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), reg. 5, Sch. 4 C4 S. 65 modified (21.12.2018) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2018 (S.I. 2018/1412), reg. 1(2), Sch. 4 para. 20 Other offences 66 Exposure Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 47 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F132(1) A person commits an offence if— (a) he intentionally exposes his genitals, and (b) he intends that someone will see them and be caused alarm or distress. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.] Textual Amendments F132 Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3; (with Sch. 2 para. 1) S.R. 2008/510, art. 2 67 Voyeurism [F133(1) A person commits an offence if— (a) for the purpose of obtaining sexual gratification, he observes another person doing a private act, and (b) he knows that the other person does not consent to being observed for his sexual gratification. (2) A person commits an offence if— (a) he operates equipment with the intention of enabling another person to observe, for the purpose of obtaining sexual gratification, a third person (B) doing a private act, and (b) he knows that B does not consent to his operating equipment with that intention. (3) A person commits an offence if— (a) he records another person (B) doing a private act, (b) he does so with the intention that he or a third person will, for the purpose of obtaining sexual gratification, look at an image of B doing the act, and (c) he knows that B does not consent to his recording the act with that intention. (4) A person commits an offence if he instals equipment, or constructs or adapts a structure or part of a structure, with the intention of enabling himself or another person to commit an offence under subsection (1). (5) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.] 50 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F138 Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3; (with Sch. 2 para. 1) S.R. 2008/510, art. 2 70 Sexual penetration of a corpse [F139(1) A person commits an offence if— (a) he intentionally performs an act of penetration with a part of his body or anything else, (b) what is penetrated is a part of the body of a dead person, (c) he knows that, or is reckless as to whether, that is what is penetrated, and (d) the penetration is sexual. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.] Textual Amendments F139 Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3; (with Sch. 2 para. 1) S.R. 2008/510, art. 2 71 Sexual activity in a public lavatory [F140(1) A person commits an offence if— (a) he is in a lavatory to which the public or a section of the public has or is permitted to have access, whether on payment or otherwise, (b) he intentionally engages in an activity, and, (c) the activity is sexual. (2) For the purposes of this section, an activity is sexual if a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider it to be sexual. (3) A person guilty of an offence under this section is liable on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.] Textual Amendments F140 Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3; (with Sch. 2 para. 1) S.R. 2008/510, art. 2 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 51 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Offences outside the United Kingdom [F14172 Offences outside the United Kingdom [F142(1) If— (a) a United Kingdom national does an act in a country outside the United Kingdom, and (b) the act, if done in England and Wales F143..., would constitute a sexual offence to which this [F144subsection] applies, the United Kingdom national is guilty in [F145England and Wales] of that sexual offence. (2) If— (a) a United Kingdom resident does an act in a country outside the United Kingdom, (b) the act constitutes an offence under the law in force in that country, and (c) the act, if done in England and Wales F146..., would constitute a sexual offence to which this [F147subsection] applies, the United Kingdom resident is guilty in [F148England and Wales] of that sexual offence. (3) If— (a) a person does an act in a country outside the United Kingdom at a time when the person was not a United Kingdom national or a United Kingdom resident, (b) the act constituted an offence under the law in force in that country, (c) the act, if done in England and Wales F149..., would have constituted a sexual offence to which this [F150subsection] applies, and (d) the person meets the residence or nationality condition at the relevant time, proceedings may be brought against the person in [F151England and Wales] for that sexual offence as if the person had done the act there. (4) The person meets the residence or nationality condition at the relevant time if the person is a United Kingdom national or a United Kingdom resident at the time when the proceedings are brought. (5) An act punishable under the law in force in any country constitutes an offence under that law for the purposes of subsections (2) and (3) however it is described in that law. (6) The condition in subsection (2)(b) or (3)(b) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice— (a) stating that, on the facts as alleged with respect to the act in question, the condition is not in the defendant's opinion met, (b) showing the grounds for that opinion, and (c) requiring the prosecution to prove that it is met. (7) But the court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition is met without service of a notice under subsection (6). (8) In the Crown Court the question whether the condition is met is to be decided by the judge alone. (9) In this section— 52 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes “country” includes territory; “United Kingdom national” means an individual who is— (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen; (b) a person who under the British Nationality Act 1981 is a British subject; or (c) a British protected person within the meaning of that Act; “United Kingdom resident” means an individual who is resident in the United Kingdom. (10) Schedule 2 lists the sexual offences to which [F152subsections (1) to (3) apply].]] Textual Amendments F141 S. 72 substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 72(1), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 34 (subject to Sch. 2) F142 Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2 F143 Words in s. 72(1) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(2)(a); S.R. 2008/510, art. 2 F144 Word in s. 72(1)(b) substituted (29.6.2021) by Domestic Abuse Act 2021 (c. 17), s. 90(2), Sch. 3 para. 2(2)(a) F145 Words in s. 72(1) substituted (2.2.2009) by The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(2)(b); S.R. 2008/510, art. 2 F146 Words in s. 72(2) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(3)(a); S.R. 2008/510, art. 2 F147 Word in s. 72(2)(c) substituted (29.6.2021) by Domestic Abuse Act 2021 (c. 17), s. 90(2), Sch. 3 para. 2(2)(a) F148 Words in s. 72(2) substituted (2.2.2009) by The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(3)(b); S.R. 2008/510, art. 2 F149 Words in s. 72(3) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(4)(a); S.R. 2008/510, art. 2 F150 Word in s. 72(3)(c) substituted (29.6.2021) by Domestic Abuse Act 2021 (c. 17), s. 90(2), Sch. 3 para. 2(2)(b) F151 Words in s. 72(3) substituted (2.2.2009) by The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(4)(b); S.R. 2008/510, art. 2 F152 Words in s. 72(10) substituted (29.6.2021) by Domestic Abuse Act 2021 (c. 17), s. 90(2), Sch. 3 para. 2(2)(c) Supplementary and general 73 Exceptions to aiding, abetting and counselling (1) A person is not guilty of aiding, abetting or counselling the commission against a child of an offence to which this section applies if he acts for the purpose of— (a) protecting the child from sexually transmitted infection, (b) protecting the physical safety of the child, (c) preventing the child from becoming pregnant, or (d) promoting the child’s emotional well-being by the giving of advice, Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 55 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.] Textual Amendments F153 Ss. 78,79 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(f), Sch. 3; S.R. 2008/510, art. 2 F154 Words in s. 78 substituted (3.4.2017) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 63; S.I. 2017/511, reg. 2(b)(i) 79 Part 1: general interpretation [F155(1) The following apply for the purposes of this Part. (2) Penetration is a continuing act from entry to withdrawal. (3) References to a part of the body include references to a part surgically constructed (in particular, through gender reassignment surgery). (4) “Image” means a moving or still image and includes an image produced by any means and, where the context permits, a three-dimensional image. (5) References to an image of a person include references to an image of an imaginary person. (6) “Mental disorder” has the meaning given by section 1 of the Mental Health Act 1983 (c. 20). (7) References to observation (however expressed) are to observation whether direct or by looking at an image. (8) Touching includes touching— (a) with any part of the body, (b) with anything else, (c) through anything, and in particular includes touching amounting to penetration. (9) “Vagina” includes vulva. (10) In relation to an animal, references to the vagina or anus include references to any similar part.] Textual Amendments F155 Ss. 78,79 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(f), Sch. 3; S.R. 2008/510, art. 2 56 Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes PART 2 NOTIFICATION AND ORDERS Modifications etc. (not altering text) C5 Pt. 2 applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 352(2)(b)(3), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2 Notification requirements 80 Persons becoming subject to notification requirements (1) A person is subject to the notification requirements of this Part for the period set out in section 82 (“the notification period”) if— (a) he is convicted of an offence listed in Schedule 3; (b) he is found not guilty of such an offence by reason of insanity; (c) he is found to be under a disability and to have done the act charged against him in respect of such an offence; or (d) in England and Wales or Northern Ireland, he is cautioned in respect of such an offence. (2) A person for the time being subject to the notification requirements of this Part is referred to in this Part as a “relevant offender”. 81 Persons formerly subject to Part 1 of the Sex Offenders Act 1997 (1) A person is, from the commencement of this Part until the end of the notification period, subject to the notification requirements of this Part if, before the commencement of this Part— (a) he was convicted of an offence listed in Schedule 3; (b) he was found not guilty of such an offence by reason of insanity; (c) he was found to be under a disability and to have done the act charged against him in respect of such an offence; or (d) in England and Wales or Northern Ireland, he was cautioned in respect of such an offence. (2) Subsection (1) does not apply if the notification period ended before the commencement of this Part. (3) Subsection (1)(a) does not apply to a conviction before 1st September 1997 unless, at the beginning of that day, the person— (a) had not been dealt with in respect of the offence; (b) was serving a sentence of imprisonment F156. . . , or was subject to a community order, in respect of the offence; (c) was subject to supervision, having been released from prison after serving the whole or part of a sentence of imprisonment in respect of the offence; or (d) was detained in a hospital or was subject to a guardianship order, following the conviction. Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 57 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (4) Paragraphs (b) and (c) of subsection (1) do not apply to a finding made before 1st September 1997 unless, at the beginning of that day, the person— (a) had not been dealt with in respect of the finding; or (b) was detained in a hospital, following the finding. (5) Subsection (1)(d) does not apply to a caution given before 1st September 1997. (6) A person who would have been within subsection (3)(b) or (d) or (4)(b) but for the fact that at the beginning of 1st September 1997 he was unlawfully at large or absent without leave, on temporary release or leave of absence, or on bail pending an appeal, is to be treated as being within that provision. (7) Where, immediately before the commencement of this Part, an order under a provision within subsection (8) was in force in respect of a person, the person is subject to the notification requirements of this Part from that commencement until the order is discharged or otherwise ceases to have effect. (8) The provisions are— (a) section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders); (b) section 2 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders made in England and Wales); (c) section 2A of the Crime and Disorder Act 1998 (interim orders made in England and Wales); (d) section 20 of the Crime and Disorder Act 1998 (sex offender orders and interim orders made in Scotland); (e) Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland); (f) Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (interim orders made in Northern Ireland). Textual Amendments F156 S. 81(3)(b) repealed (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383(2), Sch. 16 para. 206, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 82 The notification period (1) The notification period for a person within section 80(1) or 81(1) is the period in the second column of the following Table opposite the description that applies to him. TABLE Description of relevant offender Notification period A person who, in respect of the offence, is or has been sentenced to imprisonment for life [F157, to imprisonment for public protection under section 225 of the Criminal Justice Act 2003 [F158, to an An indefinite period beginning with the relevant date 60 Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (3) Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 81(1) or an order within section 81(7) if the offender complied with section 2(1) of the Sex Offenders Act 1997 in respect of the conviction, finding, caution or order. (4) Where a notification order is made in respect of a conviction, finding or caution, subsection (1) does not apply to the relevant offender in respect of the conviction, finding or caution if— (a) immediately before the order was made, he was subject to the notification requirements of this Part as a result of another conviction, finding or caution or an order of a court (“the earlier event”), (b) at that time, he had made a notification under subsection (1) in respect of the earlier event, and (c) throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event. (5) The information is— (a) the relevant offender’s date of birth; (b) his national insurance number; (c) his name on the relevant date and, where he used one or more other names on that date, each of those names; (d) his home address on the relevant date; (e) his name on the date on which notification is given and, where he uses one or more other names on that date, each of those names; (f) his home address on the date on which notification is given; (g) the address of any other premises in the United Kingdom at which, at the time the notification is given, he regularly resides or stays. [F162(h) whether he has any passports and, in relation to each passport he has, the details set out in subsection (5A); (i) such other information, about him or his personal affairs, as the Scottish Ministers may prescribe in regulations. (5A) The details are— (a) the issuing authority; (b) the number; (c) the dates of issue and expiry; (d) the name and date of birth given as being those of the passport holder.] [F163(h) any prescribed information.] [F164(5A) In subsection (5)(h) “prescribed” means prescribed by regulations made by the Secretary of State.] (6) When determining the period for the purpose of subsection (1), there is to be disregarded any time when the relevant offender is— (a) remanded in or committed to custody by an order of a court [F165or kept in service custody]; (b) serving a sentence of imprisonment or a term of service detention; (c) detained in a hospital; or (d) outside the United Kingdom. (7) In this Part, “home address” means, in relation to any person— Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 61 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) the address of his sole or main residence in the United Kingdom, or (b) where he has no such residence, the address or location of a place in the United Kingdom where he can regularly be found and, if there is more than one such place, such one of those places as the person may select. [F166(8) In this section, “passport” means— (a) a United Kingdom passport within the meaning of the Immigration Act 1971 (c. 77); (b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation; (c) a document that can be used (in some or all circumstances) instead of a passport.] Textual Amendments F162 S. 83(5)(h)(i)(5A) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 78(2), 104; S.S.I. 2006/432, art. 2(d) F163 S. 83(5)(h) inserted "at the end of subsection (5)" (E.W.N.I.) (14.7.2008) by virtue of Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(1)(a), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) F164 S. 83(5A) inserted "after [subsection 5]" (E.W.N.I.) (14.7.2008) by virtue of Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(1)(b), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) F165 Words in s. 83(6)(a) inserted (E.W.N.I.) (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(7), Sch. 26 para. 54; S.I. 2009/2606, art. 3(i) F166 S. 83(8) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 78(3), 104; S.S.I. 2006/432, art. 2(d) 84 Notification requirements: changes E+W+N.I. (1) A relevant offender must, within the period of 3 days beginning with— (a) his using a name which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997 (c. 51), (b) any change of his home address, (c) his having resided or stayed, for a qualifying period, at any premises in the United Kingdom the address of which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997, [F167(ca) any prescribed change of circumstances, or] (d) his release from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital, notify to the police that name, the new home address, the address of those premises [F168, the prescribed details] or (as the case may be) the fact that he has been released, and (in addition) the information set out in section 83(5). (2) A notification under subsection (1) may be given before the name is used, the change of home address [F169or the prescribed change of circumstances] occurs or the qualifying period ends, but in that case the relevant offender must also specify the date when the event is expected to occur. 62 Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (3) If a notification is given in accordance with subsection (2) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1). (4) If a notification is given in accordance with subsection (2) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified— (a) the notification does not affect the duty imposed by subsection (1), and (b) the relevant offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified. (5) Section 83(6) applies to the determination of the period of 3 days mentioned in subsection (1) and the period of 6 days mentioned in subsection (4)(b), as it applies to the determination of the period mentioned in section 83(1). [F170(5A) In this section— (a) “prescribed change of circumstances” means any change— (i) occurring in relation to any matter in respect of which information is required to be notified by virtue of section 83(5)(h), and (ii) of a description prescribed by regulations made by the Secretary of State; (b) “the prescribed details”, in relation to a prescribed change of circumstances, means such details of the change as may be so prescribed.] (6) In this section, “qualifying period” means— (a) a period of 7 days, or (b) two or more periods, in any period of 12 months, which taken together amount to 7 days. Extent Information E1 This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only Textual Amendments F167 S. 84(1)(ca) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(3)(a), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) F168 Words in s. 84(1) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(3)(b), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) F169 Words in s. 84(2) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(4), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) F170 S. 84(5A) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(5), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) 84 Notification requirements: changes S (1) A relevant offender must, within the period of 3 days beginning with— (a) his using a name which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997 (c. 51), (b) any change of his home address, Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 65 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (6) This subsection applies to the relevant offender if the last home address notified by him under section 83(1) or 84(1) or subsection (1) was the address or location of such a place as is mentioned in section 83(7)(b).] Textual Amendments F171 Words in s. 85(1) substituted (28.3.2011 for specified purposes, 8.7.2013 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(a), 206(1); S.S.I. 2011/178, art. 2, sch.; S.S.I. 2013/214, art. 2 (with art. 3) F172 Words in s. 85(1) substituted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(7), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) and said words substituted (S.) (28.3.2011 for certain purposes, 8.7.2013 in so far as not already in force) by virtue of Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(a), 206(1); S.S.I. 2011/178, art. 2, Sch.; S.S.I. 2013/214, art. 2 (with art. 3) F173 Words in s. 85(3) substituted (28.3.2011 for specified purposes, 8.7.2013 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(b), 206(1); S.S.I. 2011/178, art. 2, sch.; S.S.I. 2013/214, art. 2 (with art. 3) F174 Words in s. 85(3) substituted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(8), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) and said words substituted (S.) (28.3.2011 for certain purposes, 8.7.2013 in so far as not already in force) by virtue of Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(b), 206(1); S.S.I. 2011/178, art. 2, Sch.; S.S.I. 2013/214, art. 2 (with art. 3) F175 Words in s. 85(4)(a) inserted (E.W.N.I.) (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(7), Sch. 26 para. 55; S.I. 2009/2606, art. 3(i) F176 S. 85(5)(6) inserted (S.) (28.3.2011 for specified purposes, 8.7.2013 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(c), 206(1); S.S.I. 2011/178, art. 2, sch.; S.S.I. 2013/214, art. 2 (with art. 3) F177 S. 85(5)(6) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(9), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) [F17885A Notification requirements: absence from notified residence (1) This section applies to a relevant offender at any time if the last home address notified by him under section 83(1), 84(1) or 85(1) was an address in Northern Ireland such as is mentioned in section 83(7)(a) (sole or main residence). (2) If the relevant offender intends to be absent from that home address for a period of more than 3 days (“the relevant period”), the relevant offender must, not less than 12 hours before leaving that home address, notify to the police the information set out in subsection (3). (3) The information is— (a) the date on which the relevant offender will leave that home address; (b) such details as the relevant offender holds about— (i) his travel arrangements during the relevant period; (ii) his accommodation arrangements during that period; (iii) his date of return to that home address. (4) In this section— “travel arrangements” include, in particular, details of the means of transport to be used and the dates of travel, 66 Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes “accommodation arrangements” include, in particular, the address of any accommodation at which the relevant offender will spend the night during the relevant period and the nature of that accommodation. (5) Where— (a) a relevant offender has given a notification under subsection (2), and (b) at any time before that mentioned in that subsection, the information notified becomes inaccurate or incomplete, the relevant offender must give a further notification under subsection (2). (6) Where a relevant offender— (a) has notified a date of return to his home address, but (b) returns to his home address on a date other than that notified, the relevant offender must notify the date of his actual return to the police within 3 days of his actual return. (7) Nothing in this section requires an offender to notify any information which falls to be notified in accordance with a requirement imposed by regulations under section 86. (8) In calculating the relevant period for the purposes of this section there is to be disregarded— (a) any period or periods which the relevant offender intends to spend at, or travelling directly to or from, an address of the kind mentioned in section 83(5) (g) notified to the police under section 83 or 85; (b) any period or periods which the relevant offender intends to spend at, or travelling directly to or from, any premises, if his stay at those premises would give rise to a requirement to notify the address of those premises under section 84(1)(c). (9) This section applies in relation to any relevant period which begins on or after the day after the coming into operation of section 2 of the Criminal Justice Act (Northern Ireland) 2013.] Textual Amendments F178 S. 85A inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(2), 15(2)(b); S.R. 2014/179, art. 2(a) 86 Notification requirements: travel outside the United Kingdom (1) The Secretary of State may by regulations make provision requiring relevant offenders who leave the United Kingdom, or any description of such offenders— (a) to give in accordance with the regulations, before they leave, a notification under subsection (2); (b) if they subsequently return to the United Kingdom, to give in accordance with the regulations a notification under subsection (3). (2) A notification under this subsection must disclose— (a) the date on which the offender will leave the United Kingdom; Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 67 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) the country (or, if there is more than one, the first country) to which he will travel and his point of arrival (determined in accordance with the regulations) in that country; (c) any other information prescribed by the regulations which the offender holds about his departure from or return to the United Kingdom or his movements while outside the United Kingdom. (3) A notification under this subsection must disclose any information prescribed by the regulations about the offender’s return to the United Kingdom. F179(4) F180. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F179 S. 86(4) repealed (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(3), 206(1); S.I. 2011/178, art. 2, Sch. F180 S. 86(4) repealed (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 149, 153(7), Sch. 28 Pt. 4; S.I. 2008/1586, art. 2, Sch. 1 para. 50(4)(d) (subject to Sch. 2) 87 Method of notification and related matters E+W+N.I. (1) A person gives a notification under section 83(1), 84(1) [F181, 85(1) or 85A(2) or (6)] by— (a) attending at such police station in his local police area as the Secretary of State may by regulations prescribe or, if there is more than one, at any of them, and (b) giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station. (2) A person giving a notification under section 84(1)— (a) in relation to a prospective change of home address, or (b) in relation to premises referred to in subsection (1)(c) of that section, may give the notification at a police station that would fall within subsection (1) above if the change in home address had already occurred or (as the case may be) if the address of those premises were his home address. (3) Any notification under this section must be acknowledged; and an acknowledgment under this subsection must be in writing, and in such form as the Secretary of State may direct. (4) Where a notification is given under section 83(1), 84(1) [F182, 85(1) or 85A(2) or (6)], the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), allow the officer or person to— (a) take his fingerprints, (b) photograph any part of him, or (c) do both these things. (5) The power in subsection (4) is exercisable for the purpose of verifying the identity of the relevant offender. F183(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes and in paragraphs (a) and (b), “finding” in relation to an offence means a finding of not guilty of the offence by reason of insanity or a finding that the person was under a disability and did the act or omission charged against him in respect of the offence. (5) Subsection (3) applies as if Northern Ireland were a police area. Textual Amendments F184 S. 88(2A) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 77(8), 104; S.S.I. 2006/432, art. 2(d) F185 S. 88(3) omitted (S.) (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(3) F186 Words in s. 88(4)(c) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 56 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i) F187 Words in s. 88(4)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 205 (with Sch. 27); S.I. 2020/1236, reg. 2 [F188[F18988AReview of indefinite notification requirements: applicable persons (1) Sections 88B to 88H apply to— (a) a person who, on or after 28th January 2011, becomes subject to the notification requirements of this Part for an indefinite period by virtue of section 80(1) or a notification order made under section 97(5); and (b) a person who immediately before that date was subject to the notification requirements of this Part for an indefinite period by virtue of— (i) section 80(1); (ii) section 81(1); or (iii) a notification order made under section 97(5). (2) A person who falls within subsection (1)(a) or (b) is referred to in sections 88B to 88G as a “relevant sex offender”.] Textual Amendments F188 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45)) F189 Ss. 88A-88I inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 3 (which Order revokes and re-enacts with modifications the The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), see art. 5) [F19088B Review of indefinite notification requirements: date of discharge and further date of discharge (1) For the purposes of this Part, the date of discharge is— (a) where the relevant sex offender was aged 18 or over on the relevant date, the date falling 15 years after that date; (b) where the relevant sex offender was aged under 18 on the relevant date, the date falling 8 years after that date. Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 71 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (2) In determining the date of discharge under subsection (1), there is to be disregarded any time when the relevant sex offender was— (a) remanded in or committed to custody by order of a court; (b) serving a sentence of imprisonment or a term of service detention; (c) detained in hospital; or (d) outside the United Kingdom, before the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997 or section 83(1) of this Part. (3) Subsection (4) applies where— (a) the relevant sex offender is subject to the notification requirements of this Part; (b) after the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997 or section 83(1) of this Part, the relevant sex offender was sentenced to a period of imprisonment or a term of service detention in respect of the offence (or offences) to which the notification requirements relate; and (c) the date of discharge would, apart from subsection (4), fall on or after 28th January 2011. (4) In determining the date of discharge under subsection (1), there is also to be disregarded any time when the relevant sex offender was serving a sentence of imprisonment or a term of service detention in respect of that offence (or those offences). (5) Where a notification continuation order made under this Part has effect in respect of the relevant sex offender, for the purposes of this Part the further date of discharge is the date of expiry of the fixed period specified in that order. (6) In this section and section 88D “relevant date”— (a) in relation to a relevant sex offender who is subject to the notification requirements of this Part for an indefinite period by virtue of section 80(1) or 81(1), has the meaning applicable to that offender specified in section 82(6) (a) to (c); (b) in relation to a relevant sex offender who is subject to the notification requirements of this Part for an indefinite period by virtue of a notification order made under section 97(5), has the meaning applicable to that offender specified in section 98(2).] Textual Amendments F188 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45)) F190 Ss. 88A-88I inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 3 (which Order revokes and re-enacts with modifications the The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), see art. 5) [F19188C Review of the indefinite notification requirements: procedure and grounds (1) The relevant chief constable must no later than the date of discharge— 72 Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) make a notification continuation order in respect of the relevant sex offender; or (b) notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the date of discharge. (2) A notification continuation order is an order making the relevant sex offender subject to the notification requirements of this Part for a fixed period of not more than 15 years from the date which would, but for the order, have been the date of discharge. (3) The relevant chief constable may make a notification continuation order only if satisfied, on the balance of probabilities, that the relevant sex offender poses a risk of sexual harm to the public, or any particular members of the public, in the United Kingdom. (4) In deciding whether to make a notification continuation order, the relevant chief constable must take into account— (a) the seriousness of the offence (or offences)— (i) of which the relevant sex offender was convicted; (ii) of which the relevant sex offender was found not guilty by reason of insanity; (iii) in respect of which the relevant sex offender was found to be under a disability and to have done the act charged; or (iv) in respect of which the relevant sex offender was cautioned in England and Wales or Northern Ireland, which made the relevant sex offender subject to the notification requirements of this Part for an indefinite period; (b) the period of time which has elapsed since the relevant sex offender committed the offence (or offences); (c) where the relevant sex offender falls within section 88A(1)(b)(ii), whether the relevant sex offender committed any offence under section 3 of the Sex Offenders Act 1997; (d) whether the relevant sex offender has committed any offence under section 91 of this Act; (e) the age of the relevant sex offender at the time of the decision; (f) the age of the relevant sex offender at the time the offence (or offences) referred to in paragraph (a) was (or were) committed; (g) the age of any person who was a victim of any such offence (where applicable) and the difference in age between the victim and the relevant sex offender at the time the offence was committed; (h) any convictions or findings made by a court in respect of the relevant sex offender for any other offence listed in Schedule 3; (i) any caution which the relevant sex offender has received for an offence in England and Wales or Northern Ireland which is listed in Schedule 3; (j) whether any criminal proceedings for any offences listed in Schedule 3 have been instituted against the relevant sex offender but have not concluded; (k) any assessment of the risk posed by the relevant sex offender which has been made by the responsible authorities under the joint arrangements for managing and assessing risk established under section 10 of the Management of Offenders etc. (Scotland) Act 2005; Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 75 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F188 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45)) F194 Ss. 88A-88I inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 3 (which Order revokes and re-enacts with modifications the The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), see art. 5) 88F Review of the indefinite notification requirements: application to a sheriff (1) Where a relevant chief constable fails to comply with section 88C(1), 88D(3) or 88E(1), the relevant sex offender may make an application to a sheriff for an order that the offender is no longer subject to the notification requirements of this Part. (2) An application under subsection (1) is to be made by summary application to the sheriff in whose sheriffdom the relevant sex offender resides. (3) On an application under subsection (1), the sheriff may— (a) make the order sought in the application; or (b) make a notification continuation order in respect of the relevant sex offender. (4) Section 88C(2) to (5) and (7) applies in relation to the making of a notification continuation order under this section, but— (a) a reference to the relevant chief constable is to be read as a reference to the sheriff; (b) if an application under subsection (1) is made in relation to the failure of the relevant chief constable to comply with section 88D(3), the reference to the date of discharge in section 88C(2) is to be read as a reference to the applicable date; and (c) if an application under subsection (1) is made in relation to the failure of the relevant chief constable to comply with section 88E(1), the reference to the date of discharge in section 88C(2) is to be read as a reference to the further date of discharge. (5) The relevant chief constable and the relevant sex offender may appear or be represented at any hearing in respect of the application. (6) Where an application under subsection (1) is determined, the sheriff clerk must send a copy of the interlocutor, and where made a copy of the notification continuation order, to the relevant sex offender and the relevant chief constable. (7) The copy of the interlocutor, and where made the copy of the notification continuation order, is sent in accordance with subsection (6) if— (a) sent by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or (b) personally served on the relevant sex offender and the relevant chief constable. (8) The relevant sex offender remains subject to the notification requirements of this Part until the matter is finally determined as mentioned in section 88G(10). 76 Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F188 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45)) 88G Review of indefinite notification requirements: appeals (1) The decision of the relevant chief constable— (a) to make a notification continuation order; and (b) setting the fixed period of the notification continuation order, may be appealed by the relevant sex offender within 21 days after the date specified in subsection (3). (2) An appeal under subsection (1) is to be made by summary application to the sheriff in whose sheriffdom the relevant sex offender resides. (3) The date is— (a) where the appeal is brought against the decision of the relevant chief constable made under section 88C(1), the date of discharge; (b) where the appeal is brought against the decision of the relevant chief constable made under section 88D(1), the applicable date; or (c) where the appeal is brought against the decision of the relevant chief constable made under section 88E(1), the further date of discharge. (4) The decision of a sheriff— (a) on an application made under section 88F(1); (b) on appeal made under subsection (1); and (c) in relation to the fixed period of the notification continuation order, may be appealed by the relevant sex offender or the relevant chief constable to the sheriff principal within 21 days of the date of that decision. (5) On an appeal under this section, the sheriff or the sheriff principal may— (a) uphold or quash the decision of the relevant chief constable or, as the case may be, the sheriff; (b) make a notification continuation order; or (c) vary the fixed period in that order. (6) Section 88C(3) to (5) apply in relation to the making of a notification continuation order under this section but a reference to the relevant chief constable is to be read as a reference to the sheriff or, as the case may be, sheriff principal. (7) Where an appeal under this section is finally determined, the sheriff clerk must send a copy of the interlocutor, and where made a copy of the notification continuation order, to the relevant sex offender and the relevant chief constable. (8) The copy of the interlocutor, and where made the copy of the notification continuation order, shall be sent in accordance with subsection (7) if— (a) sent by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 77 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or (b) personally served on the relevant sex offender and relevant chief constable. (9) The relevant sex offender remains subject to the existing notification requirements of this Part until the matter is finally determined as mentioned in subsection (10). (10) The matter is finally determined— (a) where it is decided that a relevant sex offender should cease to be subject to the notification requirements of this Part, or the decision to make a notification continuation order is quashed, on the expiry of the period of 21 days referred to in subsection (4) without an appeal being taken; (b) where a notification continuation order is made, or a decision to make such an order is upheld on appeal, on the expiry of the period of 21 days referred to in subsection (1) or (4) without an appeal being taken; or (c) where an appeal is taken— (i) on the disposal of the appeal; or (ii) on its being abandoned. Textual Amendments F188 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45)) 88H Review of indefinite notification requirements: power to amend periods The Secretary of State may by order amend— (a) the periods specified in sections 88B(1)(a) and (b); and (b) the fixed period specified in section 88C(2). Textual Amendments F188 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45)) 88I Discharge from indefinite notification requirements: England, Wales and Northern Ireland (1) A relevant offender who is, under the relevant legislation, discharged from the notification requirements of this Part by a court, person or body in England and Wales or Northern Ireland is, by virtue of the discharge, also discharged from the notification requirements of this Part as it applies to Scotland. (2) In subsection (1) “relevant legislation” means legislation which makes provision equivalent to that made by sections 88A to 88H and this section for a relevant offender who is subject to the notification requirements of this Part as it applies to England and 80 Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) where the appropriate court is the Crown Court (or in Scotland a criminal court), in accordance with rules of court; (b) in any other case, by complaint (or, in Scotland, by summary application). (4) On the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the direction, that the court considers appropriate. (5) In this section, the “appropriate court” means— (a) where the Court of Appeal made the order, the Crown Court; (b) in any other case, the court that made the direction under section 89(1). Textual Amendments F199 S. 90(2)(e) substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(6) 91 Offences relating to notification E+W+N.I. (1) A person commits an offence if he— (a) fails, without reasonable excuse, to comply with section 83(1), 84(1), 84(4) (b), 85(1)[F200, 85A(2) or (6)], 87(4) or 89(2)(b) or any requirement imposed by regulations made under section 86(1); or (b) notifies to the police, in purported compliance with section 83(1), 84(1) [F201, 85(1) or 85A(2) or (6)] or any requirement imposed by regulations made under section 86(1), any information which he knows to be false. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years. (3) A person commits an offence under paragraph (a) of subsection (1) on the day on which he first fails, without reasonable excuse, to comply with section 83(1), 84(1) [F202, 85(1) or 85A(2) or (6)] or a requirement imposed by regulations made under section 86(1), and continues to commit it throughout any period during which the failure continues; but a person must not be prosecuted under subsection (1) more than once in respect of the same failure. (4) Proceedings for an offence under this section may be commenced in any court having jurisdiction in any place where the person charged with the offence resides or is found. Extent Information E3 This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only Textual Amendments F200 Words in s. 91(1)(a) inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(4)(a), 15(2)(b); S.R. 2014/179, art. 2(a) Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 81 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F201 Words in s. 91(1)(b) substituted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(4)(b), 15(2)(b); S.R. 2014/179, art. 2(a) F202 Words in s. 91(3) substituted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(4)(c), 15(2)(b); S.R. 2014/179, art. 2(a) 91 Offences relating to notification S (1) A person commits an offence if he— (a) fails, without reasonable excuse, to comply with section 83(1), 84(1), 84(4) (b), 85(1), [F62387(5A)][F624or (5B)] or 89(2)(b) or any requirement imposed by regulations made under section 86(1); or (b) notifies to the police, in purported compliance with section 83(1), 84(1) or 85(1) or any requirement imposed by regulations made under section 86(1), any information which he knows to be false. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years. (3) A person commits an offence under paragraph (a) of subsection (1) on the day on which he first fails, without reasonable excuse, to comply with section 83(1), 84(1) or 85(1) or a requirement imposed by regulations made under section 86(1), and continues to commit it throughout any period during which the failure continues; but a person must not be prosecuted under subsection (1) more than once in respect of the same failure. [F625(4) Proceedings for an offence under this section may be commenced in any court— (a) having jurisdiction in any place where the accused— (i) resides; (ii) is last known to have resided; or (iii) is found; (b) which has convicted the accused of an offence if the accused is subject to the notification requirements of this Part by virtue of that conviction; or (c) which has made an order under section 104(1)(b) in respect of the accused if the accused is subject to those requirements by virtue of that order.] Extent Information E9 This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only Textual Amendments F623 Words in s. 91(1)(a) substituted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 77(9), 104; S.S.I. 2006/432, art. 2(d) F624 Words in s. 91(1)(a) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 78(8), 104; S.S.I. 2006/432, art. 2(d) F625 S. 91(4) substituted (S.) (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 18, 24(2); S.S.I. 2006/48, art. 3(1), Sch. Pt. 1 (subject to art. 3(3)) 82 Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F20391A Review of indefinite notification requirements: qualifying relevant offender (1) A qualifying relevant offender may apply to the relevant chief officer of police for a determination that the qualifying relevant offender is no longer subject to the indefinite notification requirements (“an application for review”). (2) A qualifying relevant offender means a relevant offender who, on the date on which he makes an application for review, is— (a) subject to the indefinite notification requirements; and (b) not subject to [F204a sexual harm prevention order under section 103A, an interim sexual harm prevention order under section 103F,] a sexual offences prevention order under section 104(1) or an interim sexual offences prevention order under section 109(3) [F205, or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction)]. (3) The “indefinite notification requirements” mean the notification requirements of this Part for an indefinite period by virtue of— (a) section 80(1); (b) section 81(1); or (c) a notification order made under section 97(5). (4) In this Part, the “relevant chief officer of police” means, subject to subsection (5), the chief officer of police for the police area in which a qualifying relevant offender is recorded as residing or staying in the most recent notification given by him under section 84(1) or 85(1). (5) Subsection (6) applies if a qualifying relevant offender is recorded as residing or staying at more than one address in the most recent notification given by him under section 84(1) or 85(1). (6) If this subsection applies, the “relevant chief officer of police” means the chief officer of police for the police area in which, during the relevant period, the qualifying relevant offender has resided or stayed on a number of days which equals or exceeds the number of days on which he has resided or stayed in any other police area. (7) In subsection (6), “the relevant period” means the period of 12 months ending on the day on which the qualifying relevant offender makes an application for review. Textual Amendments F203 Ss. 91A-91F inserted (E.W.) (31.7.2012) by The Sexual Offences Act 2003 (Remedial) Order 2012 (S.I. 2012/1883), arts. 1(1), 3 F204 Words in s. 91A(2)(b) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 58 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i) F205 Words in s. 91A(2)(b) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 207 (with Sch. 27); S.I. 2020/1236, reg. 2 91B Review of indefinite notification requirements: application for review and qualifying dates (1) An application for review must be in writing and may be made on or after the qualifying date or, as the case may be, the further qualifying date. (2) Subject to subsection (7), the qualifying date is— Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Sexual Offences Act 2003 2003 CHAPTER 42 An Act to make new provision about sexual offences, their prevention and the protection of children from harm from other sexual acts, and for connected purposes. [20th November 2003] BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— PART 1 SEXUAL OFFENCES Rape 1 Rape (1) A person (A) commits an offence if— (a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, (b) B does not consent to the penetration, and (c) A does not reasonably believe that B consents. (2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. (3) Sections 75 and 76 apply to an offence under this section. (4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life. 2 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Assault 2 Assault by penetration (1) A person (A) commits an offence if— (a) he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else, (b) the penetration is sexual, (c) B does not consent to the penetration, and (d) A does not reasonably believe that B consents. (2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. (3) Sections 75 and 76 apply to an offence under this section. (4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life. 3 Sexual assault (1) A person (A) commits an offence if— (a) he intentionally touches another person (B), (b) the touching is sexual, (c) B does not consent to the touching, and (d) A does not reasonably believe that B consents. (2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. (3) Sections 75 and 76 apply to an offence under this section. (4) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years. Causing sexual activity without consent 4 Causing a person to engage in sexual activity without consent (1) A person (A) commits an offence if— (a) he intentionally causes another person (B) to engage in an activity, (b) the activity is sexual, (c) B does not consent to engaging in the activity, and (d) A does not reasonably believe that B consents. (2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. (3) Sections 75 and 76 apply to an offence under this section. Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 5 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 10 Causing or inciting a child to engage in sexual activity (1) A person aged 18 or over (A) commits an offence if— (a) he intentionally causes or incites another person (B) to engage in an activity, (b) the activity is sexual, and (c) either— (i) B is under 16 and A does not reasonably believe that B is 16 or over, or (ii) B is under 13. (2) A person guilty of an offence under this section, if the activity caused or incited involved— (a) penetration of B’s anus or vagina, (b) penetration of B’s mouth with a person’s penis, (c) penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or (d) penetration of a person’s mouth with B’s penis, is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years. (3) Unless subsection (2) applies, a person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years. 11 Engaging in sexual activity in the presence of a child (1) A person aged 18 or over (A) commits an offence if— (a) he intentionally engages in an activity, (b) the activity is sexual, (c) for the purpose of obtaining sexual gratification, he engages in it— (i) when another person (B) is present or is in a place from which A can be observed, and (ii) knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it, and (d) either— (i) B is under 16 and A does not reasonably believe that B is 16 or over, or (ii) B is under 13. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years. 12 Causing a child to watch a sexual act (1) A person aged 18 or over (A) commits an offence if— 6 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity, (b) the activity is sexual, and (c) either— (i) B is under 16 and A does not reasonably believe that B is 16 or over, or (ii) B is under 13. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years. 13 Child sex offences committed by children or young persons (1) A person under 18 commits an offence if he does anything which would be an offence under any of sections 9 to 12 if he were aged 18. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years. 14 Arranging or facilitating commission of a child sex offence (1) A person commits an offence if— (a) he intentionally arranges or facilitates something that he intends to do, intends another person to do, or believes that another person will do, in any part of the world, and (b) doing it will involve the commission of an offence under any of sections 9 to 13. (2) A person does not commit an offence under this section if— (a) he arranges or facilitates something that he believes another person will do, but that he does not intend to do or intend another person to do, and (b) any offence within subsection (1)(b) would be an offence against a child for whose protection he acts. (3) For the purposes of subsection (2), a person acts for the protection of a child if he acts for the purpose of— (a) protecting the child from sexually transmitted infection, (b) protecting the physical safety of the child, (c) preventing the child from becoming pregnant, or (d) promoting the child’s emotional well-being by the giving of advice, and not for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence within subsection (1)(b) or the child’s participation in it. (4) A person guilty of an offence under this section is liable— Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 7 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years. 15 Meeting a child following sexual grooming etc. [F1(1) A person aged 18 or over (A) commits an offence if— [F2(a) A has met or communicated with another person (B) [F3on one or more occasions] and subsequently— (i) A intentionally meets B, (ii) A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or (iii) B travels with the intention of meeting A in any part of the world, (b) A intends to do anything to or in respect of B, during or after the meeting mentioned in paragraph (a)(i) to (iii) and in any part of the world, which if done will involve the commission by A of a relevant offence,] (c) B is under 16, and (d) A does not reasonably believe that B is 16 or over. (2) In subsection (1)— (a) the reference to A having met or communicated with B is a reference to A having met B in any part of the world or having communicated with B by any means from, to or in any part of the world; (b) “relevant offence” means— (i) an offence under this Part, (ii) F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iii) anything done outside England and Wales F5. . . which is not an offence within sub-paragraph (i) F5. . . but would be an offence within sub-paragraph (i) if done in England and Wales. (3) F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.] Textual Amendments F1 S. 15 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(a), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2 F2 S. 15(1)(a)(b) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(7), Sch. 15 para. 1; S.I. 2008/1586, art. 2, Sch. 1 para. 35 (subject to Sch. 2) F3 Words in s. 15(1)(a) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 36(1), 95(1) (with s. 36(2)); S.I. 2015/778, art. 3, Sch. 1 para. 30 F4 S. 15(2)(b)(ii) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 4(2); S.I. 2008/510, art. 2 10 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (3) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it. (4) Where in proceedings for an offence under this section— (a) it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and (b) it is not proved that he was in such a position of trust by virtue of other circumstances, it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances. (5) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.] Textual Amendments F9 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2 18 Abuse of position of trust: sexual activity in the presence of a child [F10(1) A person aged 18 or over (A) commits an offence if— (a) he intentionally engages in an activity, (b) the activity is sexual, (c) for the purpose of obtaining sexual gratification, he engages in it— (i) when another person (B) is present or is in a place from which A can be observed, and (ii) knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it, (d) A is in a position of trust in relation to B, (e) where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and (f) either— (i) B is under 18 and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) This subsection applies where A— (a) is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and (b) is not in such a position of trust by virtue of other circumstances. Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 11 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (3) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it. (4) Where in proceedings for an offence under this section— (a) it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and (b) it is not proved that he was in such a position of trust by virtue of other circumstances, it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances. (5) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.] Textual Amendments F10 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2 19 Abuse of position of trust: causing a child to watch a sexual act [F11(1) A person aged 18 or over (A) commits an offence if— (a) for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity, (b) the activity is sexual, (c) A is in a position of trust in relation to B, (d) where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and (e) either— (i) B is under 18 and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) This subsection applies where A— (a) is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and (b) is not in such a position of trust by virtue of other circumstances. (3) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that 12 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it. (4) Where in proceedings for an offence under this section— (a) it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and (b) it is not proved that he was in such a position of trust by virtue of other circumstances, it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances. (5) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.] Textual Amendments F11 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2 20 Abuse of position of trust: acts done in Scotland [F12Anything which, if done in England and Wales F13. . . , would constitute an offence under any of sections 16 to 19 also constitutes that offence if done in Scotland [F14or Northern Ireland].] Textual Amendments F12 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2 F13 Words in s. 20 omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 5(2); S.R. 2008/510, art. 2 F14 Words in s. 20 inserted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 5(3); S.R. 2008/510, art. 2 21 Positions of trust [F15(1) For the purposes of sections 16 to 19, a person (A) is in a position of trust in relation to another person (B) if— (a) any of the following subsections applies, or (b) any condition specified in an order made by the Secretary of State is met. (2) This subsection applies if A looks after persons under 18 who are detained in an institution by virtue of a court order or under an enactment, and B is so detained in that institution. Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 15 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F25 S. 21(4)(f) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(3)(d); S.R. 2008/510, art. 2 F26 S. 21(4)(g) and word inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 21 F27 S. 21(4)(h) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 24 F28 S. 21(6) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(4); S.R. 2008/510, art. 2 F29 S. 21(7)(b) substituted (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 169(1), 173(4), Sch. 1 para. 81; S.I. 2008/3077, art. 4(g) F30 Words in s. 21(8)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(c) F31 S. 21(8)(b) and preceding word omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(5); S.R. 2008/510, art. 2 F32 Words in s. 21(9) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(6); S.R. 2008/510, art. 2 F33 S. 21(10)(b) and preceding word omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(7); S.R. 2008/510, art. 2 F34 Word in s. 21(10)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(d) F35 S. 21(10)(aa) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(e) F36 Words in s. 21(12)(a) inserted (E.W.) (1.4.2005) by Children Act 2004 (c. 31), ss. 40, 67, Sch. 3 para. 18; S.I. 2005/700, art. 2(2) F37 Word in s. 21(12)(b) omitted (6.4.2011) by virtue of The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), art. 15(a) F38 Words in s. 21(12)(c) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(8); S.R. 2008/510, art. 2 F39 Word in s. 21(12)(c) inserted (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), art. 15(b) F40 S. 21(12)(d) inserted (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), art. 15(c) 22 Positions of trust: interpretation [F41(1) The following provisions apply for the purposes of section 21. (2) Subject to subsection (3), a person looks after persons under 18 if he is regularly involved in caring for, training, supervising or being in sole charge of such persons. (3) A person (A) looks after another person (B) on an individual basis if— (a) A is regularly involved in caring for, training or supervising B, and (b) in the course of his involvement, A regularly has unsupervised contact with B (whether face to face or by any other means). (4) A person receives education at an educational institution if— (a) he is registered or otherwise enrolled as a pupil or student at the institution, or (b) he receives education at the institution under arrangements with another educational institution at which he is so registered or otherwise enrolled. (5) In section 21— 16 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes “authority”— (a) in relation to England and Wales, means a local authority; (b) F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “care home” means an establishment [F43in England] which is a care home for the purposes of the Care Standards Act 2000 (c. 14); [F44“care home service” has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2);] “care order” has— (a) in relation to England and Wales, the same meaning as in the Children Act 1989 (c. 41); F45. . . (b) F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “children’s home” has— (a) in relation to England F46..., the meaning given by section 1 of the Care Standards Act 2000; F47. . . (b) F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “community home” has [F48, in relation to England] the meaning given by section 53 of the Children Act 1989; “education supervision order” has— (a) in relation to England and Wales, the meaning given by section 36 of the Children Act 1989; F49. . . (b) F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F50“hospital” means— (a) a hospital as defined by section 275 of the National Health Service Act 2006, or section 206 of the National Health Service (Wales) Act 2006; or (b) any other establishment— (i) in England, in which any of the services listed in subsection (6) are provided; and (ii) in Wales, which is a hospital within the meaning given by section 2(3) of the Care Standards Act 2000;] “independent clinic” has— (a) F51. . . the meaning given by section 2 of the Care Standards Act 2000; (b) F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F54“secure accommodation service” has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;] “supervision order” has— (a) in relation to England and Wales, the meaning given by section 31(11) of the Children Act 1989 (c. 41); F55. . . (b) F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “voluntary home” has— (a) in relation to England F56. . . , the meaning given by section 60(3) of the Children Act 1989. F57. . . (b) F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F58(6) The services referred to in paragraph (b)(i) of the definition of “hospital” are as follows— Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 17 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) medical treatment under anaesthesia or intravenously administered sedation; (b) dental treatment under general anaesthesia; (c) obstetric services and, in connection with childbirth, medical services; (d) termination of pregnancies; (e) cosmetic surgery, other than— (i) ear and body piercing; (ii) tattooing; (iii) the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; or (iv) the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.]] Textual Amendments F41 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2 F42 S. 22(5): paragraph (b) of the definition of "authority" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(a); S.R. 2008/510, art. 2 F43 Words in s. 22(5) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 22(a) F44 Words in s. 22(5) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 22(b) F45 S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "care order" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(b); S.R. 2008/510, art. 2 F46 Words in s. 22(5) omitted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 22(c) F47 S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "children's home" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(c); S.R. 2008/510, art. 2 F48 Words in s. 22(5) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 22(d) F49 S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "education supervision order" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(d); S.R. 2008/510, art. 2 F50 S. 22(5): definition of "hospital" substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(3)(a)(i) F51 S. 22(5): words in definition of "independent clinic" omitted (1.10.2010) by virtue of The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(3)(a)(ii) F52 S. 22(5): paragraph (b) of the definition of "independent clinic" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(f); S.R. 2008/510, art. 2 F53 S. 22(5): definitions of "private hospital", "residential care home" and "residential family centre" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(g); S.R. 2008/510, art. 2 F54 Words in s. 22(5) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 25 F55 S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "supervision order" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(h); S.R. 2008/510, art. 2 20 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 26 Inciting a child family member to engage in sexual activity (1) A person (A) commits an offence if— (a) he intentionally incites another person (B) to touch, or allow himself to be touched by, A, (b) the touching is sexual, (c) the relation of A to B is within section 27, (d) A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and (e) either— (i) B is under 18 and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it. (3) Where in proceedings for an offence under this section it is proved that the relation of the defendant to the other person was of a description falling within section 27, it is to be taken that the defendant knew or could reasonably have been expected to know that his relation to the other person was of that description unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that it was. (4) A person guilty of an offence under this section, if he was aged 18 or over at the time of the offence, is liable— (a) where subsection (6) applies, on conviction on indictment to imprisonment for a term not exceeding 14 years; (b) in any other case— (i) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (ii) on conviction on indictment, to imprisonment for a term not exceeding 14 years. (5) Unless subsection (4) applies, a person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years. (6) This subsection applies where the touching to which the incitement related involved— (a) penetration of B’s anus or vagina with a part of A’s body or anything else, (b) penetration of B’s mouth with A’s penis, (c) penetration of A’s anus or vagina with a part of B’s body, or (d) penetration of A’s mouth with B’s penis. 27 Family relationships (1) The relation of one person (A) to another (B) is within this section if— (a) it is within any of subsections (2) to (4), or Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 21 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) it would be within one of those subsections but for [F64section 39 of the Adoption Act 1976 or] section 67 of the Adoption and Children Act 2002 (c. 38) (status conferred by adoption). (2) The relation of A to B is within this subsection if— (a) one of them is the other’s parent, grandparent, brother, sister, half-brother, half-sister, aunt or uncle, or (b) A is or has been B’s foster parent. (3) The relation of A to B is within this subsection if A and B live or have lived in the same household, or A is or has been regularly involved in caring for, training, supervising or being in sole charge of B, and— (a) one of them is or has been the other’s step-parent, (b) A and B are cousins, (c) one of them is or has been the other’s stepbrother or stepsister, or (d) the parent or present or former foster parent of one of them is or has been the other’s foster parent. (4) The relation of A to B is within this subsection if— (a) A and B live in the same household, and (b) A is regularly involved in caring for, training, supervising or being in sole charge of B. (5) For the purposes of this section— (a) “aunt” means the sister or half-sister of a person’s parent, and “uncle” has a corresponding meaning; (b) “cousin” means the child of an aunt or uncle; (c) a person is a child’s foster parent if [F65(i) he is a person with whom the child has been placed under section 22C of the Children Act 1989 in a placement falling within subsection (6) (a) or (b) of that section (placement with local authority foster parent), (ia) he is a person with whom the child has been placed under section 59(1)(a) of that Act (placement by voluntary organisation),] [F66(ib) he is a person with whom the child has been placed under section 81 of the Social Services and Well-being (Wales) Act 2014 in a placement falling within subsection (6)(a) or (b) of that section (placement with a local authority foster parent),] (ii) he fosters the child privately, within the meaning given by section 66(1)(b) of that Act; (d) a person is another’s partner (whether they are of different sexes or the same sex) if they live together as partners in an enduring family relationship; (e) “step-parent” includes a parent’s partner and “stepbrother” and “stepsister” include the child of a parent’s partner. Textual Amendments F64 Words in s. 27(1)(b) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 3 F65 S. 27(5)(c)(i)(ia) substituted for s. 27(5)(c)(i) (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 16; S.I. 2010/2981, art. 4(e); S.I. 2016/452, art. 2(b) 22 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F66 S. 27(5)(c)(ib) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 203 28 Sections 25 and 26: [F67exception for spouses and civil partners] (1) Conduct by a person (A) which would otherwise be an offence under section 25 or 26 against another person (B) is not an offence under that section if at the time— (a) B is 16 or over, and (b) A and B are lawfully married [F68or civil partners of each other]. (2) In proceedings for such an offence it is for the defendant to prove that A and B [F69were at the time lawfully married or civil partners of each other]. Textual Amendments F67 S. 28: words in heading substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 174(4); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5)) F68 Words in s. 28(1)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 174(2); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5)) F69 Words in s. 28(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 174(3); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5)) 29 Sections 25 and 26: sexual relationships which pre-date family relationships (1) Conduct by a person (A) which would otherwise be an offence under section 25 or 26 against another person (B) is not an offence under that section if— (a) the relation of A to B is not within subsection (2) of section 27, (b) it would not be within that subsection if [F70section 39 of the Adoption Act 1976 or] section 67 of the Adoption and Children Act 2002 (c. 38) did not apply, and (c) immediately before the relation of A to B first became such as to fall within section 27, a sexual relationship existed between A and B. (2) Subsection (1) does not apply if at the time referred to in subsection (1)(c) sexual intercourse between A and B would have been unlawful. (3) In proceedings for an offence under section 25 or 26 it is for the defendant to prove the matters mentioned in subsection (1)(a) to (c). Textual Amendments F70 Words in s. 29(1)(b) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 4 Offences against persons with a mental disorder impeding choice 30 Sexual activity with a person with a mental disorder impeding choice (1) A person (A) commits an offence if— (a) he intentionally touches another person (B), Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 25 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) he lacks the capacity to choose whether to agree to watching or looking (whether because he lacks sufficient understanding of the nature of the activity, or for any other reason), or (b) he is unable to communicate such a choice to A. (3) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years. Inducements etc. to persons with a mental disorder 34 Inducement, threat or deception to procure sexual activity with a person with a mental disorder (1) A person (A) commits an offence if— (a) with the agreement of another person (B) he intentionally touches that person, (b) the touching is sexual, (c) A obtains B’s agreement by means of an inducement offered or given, a threat made or a deception practised by A for that purpose, (d) B has a mental disorder, and (e) A knows or could reasonably be expected to know that B has a mental disorder. (2) A person guilty of an offence under this section, if the touching involved— (a) penetration of B’s anus or vagina with a part of A’s body or anything else, (b) penetration of B’s mouth with A’s penis, (c) penetration of A’s anus or vagina with a part of B’s body, or (d) penetration of A’s mouth with B’s penis, is liable, on conviction on indictment, to imprisonment for life. (3) Unless subsection (2) applies, a person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years. 35 Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception (1) A person (A) commits an offence if— (a) by means of an inducement offered or given, a threat made or a deception practised by him for this purpose, he intentionally causes another person (B) to engage in, or to agree to engage in, an activity, (b) the activity is sexual, (c) B has a mental disorder, and (d) A knows or could reasonably be expected to know that B has a mental disorder. 26 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (2) A person guilty of an offence under this section, if the activity caused or agreed to involved— (a) penetration of B’s anus or vagina, (b) penetration of B’s mouth with a person’s penis, (c) penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or (d) penetration of a person’s mouth with B’s penis, is liable, on conviction on indictment, to imprisonment for life. (3) Unless subsection (2) applies, a person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years. 36 Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder (1) A person (A) commits an offence if— (a) he intentionally engages in an activity, (b) the activity is sexual, (c) for the purpose of obtaining sexual gratification, he engages in it— (i) when another person (B) is present or is in a place from which A can be observed, and (ii) knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it, (d) B agrees to be present or in the place referred to in paragraph (c)(i) because of an inducement offered or given, a threat made or a deception practised by A for the purpose of obtaining that agreement, (e) B has a mental disorder, and (f) A knows or could reasonably be expected to know that B has a mental disorder. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years. 37 Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception (1) A person (A) commits an offence if— (a) for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity, (b) the activity is sexual, Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 27 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (c) B agrees to watch or look because of an inducement offered or given, a threat made or a deception practised by A for the purpose of obtaining that agreement, (d) B has a mental disorder, and (e) A knows or could reasonably be expected to know that B has a mental disorder. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years. Care workers for persons with a mental disorder 38 Care workers: sexual activity with a person with a mental disorder (1) A person (A) commits an offence if— (a) he intentionally touches another person (B), (b) the touching is sexual, (c) B has a mental disorder, (d) A knows or could reasonably be expected to know that B has a mental disorder, and (e) A is involved in B’s care in a way that falls within section 42. (2) Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it. (3) A person guilty of an offence under this section, if the touching involved— (a) penetration of B’s anus or vagina with a part of A’s body or anything else, (b) penetration of B’s mouth with A’s penis, (c) penetration of A’s anus or vagina with a part of B’s body, or (d) penetration of A’s mouth with B’s penis, is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years. (4) Unless subsection (3) applies, a person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years. 39 Care workers: causing or inciting sexual activity (1) A person (A) commits an offence if— (a) he intentionally causes or incites another person (B) to engage in an activity, 30 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) is, whether or not in the course of employment, a provider of care, assistance or services to B in connection with B’s mental disorder, and (b) as such, has had or is likely to have regular face to face contact with B. (5) In this section— [F75“care home” means— (a) an establishment in England which is a care home for the purposes of the Care Standards Act 2000 (c. 14); and (b) a place in Wales at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons aged 18 or over;] [F76“children’s home”— (a) has the meaning given by section 1 of the Care Standards Act 2000 in relation to a children’s home in England, and (b) means a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons under the age of 18;] “community home” has the meaning given by section 53 of the Children Act 1989 (c. 41); “employment” means any employment, whether paid or unpaid and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract; [F77“independent clinic” has the meaning given by section 2 of the Care Standards Act 2000; “independent hospital”— (a) in England, means— (i) a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; or (ii) any other establishment in which any of the services listed in section 22(6) are provided and which is not a health service hospital as so defined; and (b) in Wales, has the meaning given by section 2 of the Care Standards Act 2000; “independent medical agency” means an undertaking (not being an independent hospital, or in Wales an independent clinic) which consists of or includes the provision of services by medical practitioners;] “National Health Service body” means— (a) a [F78Local Health Board], (b) a National Health Service trust, (ba) [F79the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006, (bb) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1 to 7B, or 13 of Schedule 1 to, the National Health Service Act 2006,] (c) F80... (d) a Special Health Authority; Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 31 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F81“secure accommodation service” has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;] “voluntary home” has the meaning given by section 60(3) of the Children Act 1989. [F82(6) In subsection (5), in the definition of “independent medical agency”, “undertaking” includes any business or profession and— (a) in relation to a public or local authority, includes the exercise of any functions of that authority; and (b) in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body.] Textual Amendments F71 Words in s. 42(2)(a) substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(a) F72 Words in s. 42(2)(b) omitted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(b)(i) F73 Words in s. 42(2)(b) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(b)(ii) F74 S. 42(3) substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(4)(a) F75 Words in s. 42(5) substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(c)(i) F76 Words in s. 42(5) substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(c)(ii) F77 S. 42(5): definitions of "independent clinic", "independent hospital" and "independent medical emergency" substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(4)(b) F78 S. 42(5): words in definition of "National Health Service body" substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 33 F79 S. 42(5) definition of “National Health Service body” paras. (ba), (bb) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 117(a); S.I. 2013/160, art. 2(2) (with arts. 7-9) F80 S. 42(5) definition of “National Health Service body” para. (c) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 117(b); S.I. 2013/160, art. 2(2) (with arts. 7-9) F81 Words in s. 42(5) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 23(c)(iii) F82 S. 42(6) added (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(4)(c) 43 Sections 38 to 41: [F83exception for spouses and civil partners] (1) Conduct by a person (A) which would otherwise be an offence under any of sections 38 to 41 against another person (B) is not an offence under that section if at the time— (a) B is 16 or over, and (b) A and B are lawfully married [F84or civil partners of each other]. (2) In proceedings for such an offence it is for the defendant to prove that A and B [F85were at the time lawfully married or civil partners of each other]. 32 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F83 S. 43: words in heading substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 175(4); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5)) F84 Words in s. 43(1)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 175(2); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5)) F85 Words in s. 43(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 175(3); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5)) 44 Sections 38 to 41: sexual relationships which pre-date care relationships (1) Conduct by a person (A) which would otherwise be an offence under any of sections 38 to 41 against another person (B) is not an offence under that section if, immediately before A became involved in B’s care in a way that falls within section 42, a sexual relationship existed between A and B. (2) Subsection (1) does not apply if at that time sexual intercourse between A and B would have been unlawful. (3) In proceedings for an offence under any of sections 38 to 41 it is for the defendant to prove that such a relationship existed at that time. Indecent photographs of children 45 Indecent photographs of persons aged 16 or 17 (1) The Protection of Children Act 1978 (c. 37) (which makes provision about indecent photographs of persons under 16) is amended as follows. (2) In section 2(3) (evidence) and section 7(6) (meaning of “child”), for “16” substitute “ 18 ”. (3) After section 1 insert— “1A Marriage and other relationships (1) This section applies where, in proceedings for an offence under section 1(1) (a) of taking or making an indecent photograph of a child, or for an offence under section 1(1)(b) or (c) relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time of the offence charged the child and he— (a) were married, or (b) lived together as partners in an enduring family relationship. (2) Subsections (5) and (6) also apply where, in proceedings for an offence under section 1(1)(b) or (c) relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he— (a) were married, or (b) lived together as partners in an enduring family relationship. Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 35 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F86Sexual exploitation of children] Textual Amendments F86 S. 47 cross-heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(2), 88(1); S.I. 2015/820, reg. 2(l) 47 Paying for sexual services of a child [F87(1) A person (A) commits an offence if— (a) he intentionally obtains for himself the sexual services of another person (B), (b) before obtaining those services, he has made or promised payment for those services to B or a third person, or knows that another person has made or promised such a payment, and (c) either— (i) B is under 18, and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) In this section, “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount. (3) A person guilty of an offence under this section against a person under 13, where subsection (6) applies, is liable on conviction on indictment to imprisonment for life. (4) Unless subsection (3) applies, a person guilty of an offence under this section against a person under 16 is liable— (a) where subsection (6) applies, on conviction on indictment, to imprisonment for a term not exceeding 14 years; (b) in any other case— (i) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (ii) on conviction on indictment, to imprisonment for a term not exceeding 14 years. (5) Unless subsection (3) or (4) applies, a person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 7 years. (6) This subsection applies where the offence involved— (a) penetration of B’s anus or vagina with a part of A’s body or anything else, (b) penetration of B’s mouth with A’s penis, (c) penetration of A’s anus or vagina with a part of B’s body or by B with anything else, or (d) penetration of A’s mouth with B’s penis. (7) F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .] 36 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F87 Ss. 47-51 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(c), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2 F88 S. 47(7) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 8; S.R. 2008/510, art. 2 48 Causing or inciting [F89sexual exploitation of a child] [F90(1) A person (A) commits an offence if— (a) he intentionally causes or incites another person (B) [F91to be sexually exploited] in any part of the world, and (b) either— (i) B is under 18, and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.] Textual Amendments F89 Words in s. 48 heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(3)(a), 88(1); S.I. 2015/820, reg. 2(l) F90 Ss. 47-51 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(c), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2 F91 Words in s. 48(1)(a) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(3)(b), 88(1); S.I. 2015/820, reg. 2(l) 49 Controlling a child [F92in relation to sexual exploitation] [F93(1) A person (A) commits an offence if— (a) he intentionally controls any of the activities of another person (B) relating to B’s [F94sexual exploitation] in any part of the world, and (b) either— (i) B is under 18, and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.] Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 37 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F92 Words in s. 49 heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(4)(a), 88(1); S.I. 2015/820, reg. 2(l) F93 Ss. 47-51 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(c), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2 F94 Words in s. 49(1)(a) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(4)(b), 88(1); S.I. 2015/820, reg. 2(l) 50 Arranging or facilitating [F95sexual exploitation of a child] [F96(1) A person (A) commits an offence if— (a) he intentionally arranges or facilitates the [F97sexual exploitation] in any part of the world of another person (B), and (b) either— (i) B is under 18, and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.] Textual Amendments F95 Words in s. 50 heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(5)(a), 88(1); S.I. 2015/820, reg. 2(l) F96 Ss. 47-51 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(c), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2 F97 Words in s. 50(1)(a) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 68(5)(b), 88(1); S.I. 2015/820, reg. 2(l) 51 Sections 48 to 50: interpretation F98[F99(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F100(2) For the purposes of sections 48 to 50, a person (B) is sexually exploited if— (a) on at least one occasion and whether or not compelled to do so, B offers or provides sexual services to another person in return for payment or a promise of payment to B or a third person, or (b) an indecent image of B is recorded [F101or streamed or otherwise transmitted] ; and “sexual exploitation” is to be interpreted accordingly.] (3) In subsection (2), “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.] 40 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F106 S. 53A inserted (1.4.2010) by Policing and Crime Act 2009, {ss. 14}, 116(1); S.I. 2010/507, art. 5(a) (subject to art. 6) 54 [F107Sections 51A to 53A]: interpretation [F108(1) In [F109sections 52, 53 and 53A], “gain” means— (a) any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount; or (b) the goodwill of any person which is or appears likely, in time, to bring financial advantage. [F110(2) In sections 51A, 52, 53 and 53A “prostitute” means a person (A) who, on at least one occasion and whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment to A or a third person; and “prostitution” is to be interpreted accordingly. (3) In subsection (2) and section 53A, “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.]] Textual Amendments F107 S. 54 heading: words substituted (1.4.2010) by Policing and Crime Act 2009, ss. 112(1), 116(1), {Sch. 7 para. 24(d)}; S.I. 2010/507, art. 5(v) (with transitional and savings provision in art. 6) F108 Ss. 52-54 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(d), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2 F109 Words in s. 54(1) substituted (1.4.2010) by Policing and Crime Act 2009, ss. 112(1), 116(1), {Sch. 7 para. 24(a)}; S.I. 2010/507, art. 5(v) (subject to art. 6) F110 S. 54(2)(3) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 62; S.I. 2015/820, reg. 2(r)(vi) Amendments relating to prostitution 55 Penalties for keeping a brothel used for prostitution (1) The Sexual Offences Act 1956 (c. 69) is amended as follows. (2) After section 33 insert— “33A Keeping a brothel used for prostitution (1) It is an offence for a person to keep, or to manage, or act or assist in the management of, a brothel to which people resort for practices involving prostitution (whether or not also for other practices). (2) In this section “prostitution” has the meaning given by section 51(2) of the Sexual Offences Act 2003.” Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 41 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (3) In Schedule 2 (mode of prosecution, punishment etc.), after paragraph 33 insert (as a paragraph with no entry in the fourth column)— “33A Keeping a brothel used for prostitution (section 33A). (i) on indictment (ii) summarily Seven years Six months, or the statutory maximum, or both.” 56 Extension of gender-specific prostitution offences Schedule 1 (extension of gender-specific prostitution offences) has effect. Trafficking F115[F11458A]Trafficking outside the UK for sexual exploitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F114 S. 58A inserted (N.I.) (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 6(1), 15(1) F115 Ss. 57-60C repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 5 F116[F11159Trafficking out of the UK for sexual exploitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .] Textual Amendments F111 S. 59A substituted (E.W) (6.4.2013) for ss. 57-59 by Protection of Freedoms Act 2012 (c. 9), ss. 109(2), 120 (with s. 97); S.I. 2013/470, art. 2(a) (with arts. 3(a), 5-8) F116 Ss. 57-60C repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 5 F11759A Trafficking people for sexual exploitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F117 Ss. 59A-60C omitted (E.W.) (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 5(2); S.I. 2015/1476, reg. 2(j) (with regs. 36-8) 42 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F119F11760[F118Section 59A: interpretation] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F117 Ss. 59A-60C omitted (E.W.) (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 5(2); S.I. 2015/1476, reg. 2(j) (with regs. 36-8) F118 S. 60 title substituted (E.W.) (6.4.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 109(5), 120 (with s. 97); S.I. 2013/470, art. 2(a) (with arts. 3(a), 5-8) F119 Ss. 57-60C repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 5 F121F117[F12060AForfeiture of land vehicle, ship or aircraft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F117 Ss. 59A-60C omitted (E.W.) (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 5(2); S.I. 2015/1476, reg. 2(j) (with regs. 36-8) F120 Ss. 60A-60C inserted (E.W.N.I.) (12.2.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 54, 66(2), Sch. 4 para. 2; S.I. 2007/74, art. 2(b) F121 Ss. 57-60C repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 5 F122F11760BDetention of land vehicle, ship or aircraft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F117 Ss. 59A-60C omitted (E.W.) (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 5(2); S.I. 2015/1476, reg. 2(j) (with regs. 36-8) F120 Ss. 60A-60C inserted (E.W.N.I.) (12.2.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 54, 66(2), Sch. 4 para. 2; S.I. 2007/74, art. 2(b) F122 Ss. 57-60C repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 5 F123F11760CSections 60A and 60B: interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .] Textual Amendments F117 Ss. 59A-60C omitted (E.W.) (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 5(2); S.I. 2015/1476, reg. 2(j) (with regs. 36-8) F120 Ss. 60A-60C inserted (E.W.N.I.) (12.2.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 54, 66(2), Sch. 4 para. 2; S.I. 2007/74, art. 2(b) Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 45 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or (b) section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date), is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3) (za) and (zb) above.] Textual Amendments F124 Words in s. 64(1) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 5(2) F125 S. 64(2)(za)(zb) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 5(3) F126 S. 64(3A) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 5(4) F127 S. 64(6) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 5(5) Modifications etc. (not altering text) C1 S. 64 modified (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), reg. 5, Sch. 4 C2 S. 64 modified (21.12.2018) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2018 (S.I. 2018/1412), reg. 1(2), Sch. 4 para. 20 65 Sex with an adult relative: consenting to penetration (1) A person aged 16 or over (A) [F128(subject to subsection (3A))] commits an offence if— (a) another person (B) penetrates A’s vagina or anus with a part of B’s body or anything else, or penetrates A’s mouth with B’s penis, (b) A consents to the penetration, (c) the penetration is sexual, (d) B is aged 18 or over, (e) A is related to B in a way mentioned in subsection (2), and (f) A knows or could reasonably be expected to know that he is related to B in that way. (2) The ways that A may be related to B are as parent, grandparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece. (3) In subsection (2)— [F129(za) “parent” includes an adoptive parent; (zb) “child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;] (a) “uncle” means the brother of a person’s parent, and “aunt” has a corresponding meaning; 46 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) “nephew” means the child of a person’s brother or sister, and “niece” has a corresponding meaning. [F130(3A) Where subsection (1) applies in a case where A is related to B as B's child by virtue of subsection (3)(zb), A does not commit an offence under this section unless A is 18 or over.] (4) Where in proceedings for an offence under this section it is proved that the defendant was related to the other person in any of those ways, it is to be taken that the defendant knew or could reasonably have been expected to know that he was related in that way unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that he was. (5) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years. [F131(6) Nothing in— (a) section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or (b) section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date), is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3) (za) and (zb) above.] Textual Amendments F128 Words in s. 65(1) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 6(2) F129 S. 65(3)(za)(zb) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 6(3) F130 S. 65(3A) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 6(4) F131 S. 65(6) inserted (8.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(2)(e), Sch. 15 para. 6(5) Modifications etc. (not altering text) C3 S. 65 modified (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), reg. 5, Sch. 4 C4 S. 65 modified (21.12.2018) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2018 (S.I. 2018/1412), reg. 1(2), Sch. 4 para. 20 Other offences 66 Exposure Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 47 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F132(1) A person commits an offence if— (a) he intentionally exposes his genitals, and (b) he intends that someone will see them and be caused alarm or distress. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.] Textual Amendments F132 Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3; (with Sch. 2 para. 1) S.R. 2008/510, art. 2 67 Voyeurism [F133(1) A person commits an offence if— (a) for the purpose of obtaining sexual gratification, he observes another person doing a private act, and (b) he knows that the other person does not consent to being observed for his sexual gratification. (2) A person commits an offence if— (a) he operates equipment with the intention of enabling another person to observe, for the purpose of obtaining sexual gratification, a third person (B) doing a private act, and (b) he knows that B does not consent to his operating equipment with that intention. (3) A person commits an offence if— (a) he records another person (B) doing a private act, (b) he does so with the intention that he or a third person will, for the purpose of obtaining sexual gratification, look at an image of B doing the act, and (c) he knows that B does not consent to his recording the act with that intention. (4) A person commits an offence if he instals equipment, or constructs or adapts a structure or part of a structure, with the intention of enabling himself or another person to commit an offence under subsection (1). (5) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.] 50 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F138 Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3; (with Sch. 2 para. 1) S.R. 2008/510, art. 2 70 Sexual penetration of a corpse [F139(1) A person commits an offence if— (a) he intentionally performs an act of penetration with a part of his body or anything else, (b) what is penetrated is a part of the body of a dead person, (c) he knows that, or is reckless as to whether, that is what is penetrated, and (d) the penetration is sexual. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.] Textual Amendments F139 Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3; (with Sch. 2 para. 1) S.R. 2008/510, art. 2 71 Sexual activity in a public lavatory [F140(1) A person commits an offence if— (a) he is in a lavatory to which the public or a section of the public has or is permitted to have access, whether on payment or otherwise, (b) he intentionally engages in an activity, and, (c) the activity is sexual. (2) For the purposes of this section, an activity is sexual if a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider it to be sexual. (3) A person guilty of an offence under this section is liable on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.] Textual Amendments F140 Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3; (with Sch. 2 para. 1) S.R. 2008/510, art. 2 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 51 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Offences outside the United Kingdom [F14172 Offences outside the United Kingdom [F142(1) If— (a) a United Kingdom national does an act in a country outside the United Kingdom, and (b) the act, if done in England and Wales F143..., would constitute a sexual offence to which this [F144subsection] applies, the United Kingdom national is guilty in [F145England and Wales] of that sexual offence. (2) If— (a) a United Kingdom resident does an act in a country outside the United Kingdom, (b) the act constitutes an offence under the law in force in that country, and (c) the act, if done in England and Wales F146..., would constitute a sexual offence to which this [F147subsection] applies, the United Kingdom resident is guilty in [F148England and Wales] of that sexual offence. (3) If— (a) a person does an act in a country outside the United Kingdom at a time when the person was not a United Kingdom national or a United Kingdom resident, (b) the act constituted an offence under the law in force in that country, (c) the act, if done in England and Wales F149..., would have constituted a sexual offence to which this [F150subsection] applies, and (d) the person meets the residence or nationality condition at the relevant time, proceedings may be brought against the person in [F151England and Wales] for that sexual offence as if the person had done the act there. (4) The person meets the residence or nationality condition at the relevant time if the person is a United Kingdom national or a United Kingdom resident at the time when the proceedings are brought. (5) An act punishable under the law in force in any country constitutes an offence under that law for the purposes of subsections (2) and (3) however it is described in that law. (6) The condition in subsection (2)(b) or (3)(b) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice— (a) stating that, on the facts as alleged with respect to the act in question, the condition is not in the defendant's opinion met, (b) showing the grounds for that opinion, and (c) requiring the prosecution to prove that it is met. (7) But the court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition is met without service of a notice under subsection (6). (8) In the Crown Court the question whether the condition is met is to be decided by the judge alone. (9) In this section— 52 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes “country” includes territory; “United Kingdom national” means an individual who is— (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen; (b) a person who under the British Nationality Act 1981 is a British subject; or (c) a British protected person within the meaning of that Act; “United Kingdom resident” means an individual who is resident in the United Kingdom. (10) Schedule 2 lists the sexual offences to which [F152subsections (1) to (3) apply].]] Textual Amendments F141 S. 72 substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 72(1), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 34 (subject to Sch. 2) F142 Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2 F143 Words in s. 72(1) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(2)(a); S.R. 2008/510, art. 2 F144 Word in s. 72(1)(b) substituted (29.6.2021) by Domestic Abuse Act 2021 (c. 17), s. 90(2), Sch. 3 para. 2(2)(a) F145 Words in s. 72(1) substituted (2.2.2009) by The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(2)(b); S.R. 2008/510, art. 2 F146 Words in s. 72(2) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(3)(a); S.R. 2008/510, art. 2 F147 Word in s. 72(2)(c) substituted (29.6.2021) by Domestic Abuse Act 2021 (c. 17), s. 90(2), Sch. 3 para. 2(2)(a) F148 Words in s. 72(2) substituted (2.2.2009) by The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(3)(b); S.R. 2008/510, art. 2 F149 Words in s. 72(3) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(4)(a); S.R. 2008/510, art. 2 F150 Word in s. 72(3)(c) substituted (29.6.2021) by Domestic Abuse Act 2021 (c. 17), s. 90(2), Sch. 3 para. 2(2)(b) F151 Words in s. 72(3) substituted (2.2.2009) by The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 10(4)(b); S.R. 2008/510, art. 2 F152 Words in s. 72(10) substituted (29.6.2021) by Domestic Abuse Act 2021 (c. 17), s. 90(2), Sch. 3 para. 2(2)(c) Supplementary and general 73 Exceptions to aiding, abetting and counselling (1) A person is not guilty of aiding, abetting or counselling the commission against a child of an offence to which this section applies if he acts for the purpose of— (a) protecting the child from sexually transmitted infection, (b) protecting the physical safety of the child, (c) preventing the child from becoming pregnant, or (d) promoting the child’s emotional well-being by the giving of advice, Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2022-06-07 55 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.] Textual Amendments F153 Ss. 78,79 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(f), Sch. 3; S.R. 2008/510, art. 2 F154 Words in s. 78 substituted (3.4.2017) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 63; S.I. 2017/511, reg. 2(b)(i) 79 Part 1: general interpretation [F155(1) The following apply for the purposes of this Part. (2) Penetration is a continuing act from entry to withdrawal. (3) References to a part of the body include references to a part surgically constructed (in particular, through gender reassignment surgery). (4) “Image” means a moving or still image and includes an image produced by any means and, where the context permits, a three-dimensional image. (5) References to an image of a person include references to an image of an imaginary person. (6) “Mental disorder” has the meaning given by section 1 of the Mental Health Act 1983 (c. 20). (7) References to observation (however expressed) are to observation whether direct or by looking at an image. (8) Touching includes touching— (a) with any part of the body, (b) with anything else, (c) through anything, and in particular includes touching amounting to penetration. (9) “Vagina” includes vulva. (10) In relation to an animal, references to the vagina or anus include references to any similar part.] Textual Amendments F155 Ss. 78,79 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(f), Sch. 3; S.R. 2008/510, art. 2 56 Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes PART 2 NOTIFICATION AND ORDERS Modifications etc. (not altering text) C5 Pt. 2 applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 352(2)(b)(3), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2 Notification requirements 80 Persons becoming subject to notification requirements (1) A person is subject to the notification requirements of this Part for the period set out in section 82 (“the notification period”) if— (a) he is convicted of an offence listed in Schedule 3; (b) he is found not guilty of such an offence by reason of insanity; (c) he is found to be under a disability and to have done the act charged against him in respect of such an offence; or (d) in England and Wales or Northern Ireland, he is cautioned in respect of such an offence. (2) A person for the time being subject to the notification requirements of this Part is referred to in this Part as a “relevant offender”. 81 Persons formerly subject to Part 1 of the Sex Offenders Act 1997 (1) A person is, from the commencement of this Part until the end of the notification period, subject to the notification requirements of this Part if, before the commencement of this Part— (a) he was convicted of an offence listed in Schedule 3; (b) he was found not guilty of such an offence by reason of insanity; (c) he was found to be under a disability and to have done the act charged against him in respect of such an offence; or (d) in England and Wales or Northern Ireland, he was cautioned in respect of such an offence. (2) Subsection (1) does not apply if the notification period ended before the commencement of this Part. (3) Subsection (1)(a) does not apply to a conviction before 1st September 1997 unless, at the beginning of that day, the person— (a) had not been dealt with in respect of the offence; (b) was serving a sentence of imprisonment F156. . . , or was subject to a community order, in respect of the offence; (c) was subject to supervision, having been released from prison after serving the whole or part of a sentence of imprisonment in respect of the offence; or (d) was detained in a hospital or was subject to a guardianship order, following the conviction. Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 57 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (4) Paragraphs (b) and (c) of subsection (1) do not apply to a finding made before 1st September 1997 unless, at the beginning of that day, the person— (a) had not been dealt with in respect of the finding; or (b) was detained in a hospital, following the finding. (5) Subsection (1)(d) does not apply to a caution given before 1st September 1997. (6) A person who would have been within subsection (3)(b) or (d) or (4)(b) but for the fact that at the beginning of 1st September 1997 he was unlawfully at large or absent without leave, on temporary release or leave of absence, or on bail pending an appeal, is to be treated as being within that provision. (7) Where, immediately before the commencement of this Part, an order under a provision within subsection (8) was in force in respect of a person, the person is subject to the notification requirements of this Part from that commencement until the order is discharged or otherwise ceases to have effect. (8) The provisions are— (a) section 5A of the Sex Offenders Act 1997 (c. 51) (restraining orders); (b) section 2 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders made in England and Wales); (c) section 2A of the Crime and Disorder Act 1998 (interim orders made in England and Wales); (d) section 20 of the Crime and Disorder Act 1998 (sex offender orders and interim orders made in Scotland); (e) Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland); (f) Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (interim orders made in Northern Ireland). Textual Amendments F156 S. 81(3)(b) repealed (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383(2), Sch. 16 para. 206, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 82 The notification period (1) The notification period for a person within section 80(1) or 81(1) is the period in the second column of the following Table opposite the description that applies to him. TABLE Description of relevant offender Notification period A person who, in respect of the offence, is or has been sentenced to imprisonment for life [F157, to imprisonment for public protection under section 225 of the Criminal Justice Act 2003 [F158, to an An indefinite period beginning with the relevant date 60 Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (3) Subsection (1) does not apply to a relevant offender in respect of a conviction, finding or caution within section 81(1) or an order within section 81(7) if the offender complied with section 2(1) of the Sex Offenders Act 1997 in respect of the conviction, finding, caution or order. (4) Where a notification order is made in respect of a conviction, finding or caution, subsection (1) does not apply to the relevant offender in respect of the conviction, finding or caution if— (a) immediately before the order was made, he was subject to the notification requirements of this Part as a result of another conviction, finding or caution or an order of a court (“the earlier event”), (b) at that time, he had made a notification under subsection (1) in respect of the earlier event, and (c) throughout the period referred to in subsection (1), he remains subject to the notification requirements as a result of the earlier event. (5) The information is— (a) the relevant offender’s date of birth; (b) his national insurance number; (c) his name on the relevant date and, where he used one or more other names on that date, each of those names; (d) his home address on the relevant date; (e) his name on the date on which notification is given and, where he uses one or more other names on that date, each of those names; (f) his home address on the date on which notification is given; (g) the address of any other premises in the United Kingdom at which, at the time the notification is given, he regularly resides or stays. [F162(h) whether he has any passports and, in relation to each passport he has, the details set out in subsection (5A); (i) such other information, about him or his personal affairs, as the Scottish Ministers may prescribe in regulations. (5A) The details are— (a) the issuing authority; (b) the number; (c) the dates of issue and expiry; (d) the name and date of birth given as being those of the passport holder.] [F163(h) any prescribed information.] [F164(5A) In subsection (5)(h) “prescribed” means prescribed by regulations made by the Secretary of State.] (6) When determining the period for the purpose of subsection (1), there is to be disregarded any time when the relevant offender is— (a) remanded in or committed to custody by an order of a court [F165or kept in service custody]; (b) serving a sentence of imprisonment or a term of service detention; (c) detained in a hospital; or (d) outside the United Kingdom. (7) In this Part, “home address” means, in relation to any person— Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 61 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) the address of his sole or main residence in the United Kingdom, or (b) where he has no such residence, the address or location of a place in the United Kingdom where he can regularly be found and, if there is more than one such place, such one of those places as the person may select. [F166(8) In this section, “passport” means— (a) a United Kingdom passport within the meaning of the Immigration Act 1971 (c. 77); (b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation; (c) a document that can be used (in some or all circumstances) instead of a passport.] Textual Amendments F162 S. 83(5)(h)(i)(5A) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 78(2), 104; S.S.I. 2006/432, art. 2(d) F163 S. 83(5)(h) inserted "at the end of subsection (5)" (E.W.N.I.) (14.7.2008) by virtue of Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(1)(a), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) F164 S. 83(5A) inserted "after [subsection 5]" (E.W.N.I.) (14.7.2008) by virtue of Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(1)(b), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) F165 Words in s. 83(6)(a) inserted (E.W.N.I.) (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(7), Sch. 26 para. 54; S.I. 2009/2606, art. 3(i) F166 S. 83(8) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 78(3), 104; S.S.I. 2006/432, art. 2(d) 84 Notification requirements: changes E+W+N.I. (1) A relevant offender must, within the period of 3 days beginning with— (a) his using a name which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997 (c. 51), (b) any change of his home address, (c) his having resided or stayed, for a qualifying period, at any premises in the United Kingdom the address of which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997, [F167(ca) any prescribed change of circumstances, or] (d) his release from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital, notify to the police that name, the new home address, the address of those premises [F168, the prescribed details] or (as the case may be) the fact that he has been released, and (in addition) the information set out in section 83(5). (2) A notification under subsection (1) may be given before the name is used, the change of home address [F169or the prescribed change of circumstances] occurs or the qualifying period ends, but in that case the relevant offender must also specify the date when the event is expected to occur. 62 Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (3) If a notification is given in accordance with subsection (2) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1). (4) If a notification is given in accordance with subsection (2) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified— (a) the notification does not affect the duty imposed by subsection (1), and (b) the relevant offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified. (5) Section 83(6) applies to the determination of the period of 3 days mentioned in subsection (1) and the period of 6 days mentioned in subsection (4)(b), as it applies to the determination of the period mentioned in section 83(1). [F170(5A) In this section— (a) “prescribed change of circumstances” means any change— (i) occurring in relation to any matter in respect of which information is required to be notified by virtue of section 83(5)(h), and (ii) of a description prescribed by regulations made by the Secretary of State; (b) “the prescribed details”, in relation to a prescribed change of circumstances, means such details of the change as may be so prescribed.] (6) In this section, “qualifying period” means— (a) a period of 7 days, or (b) two or more periods, in any period of 12 months, which taken together amount to 7 days. Extent Information E1 This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only Textual Amendments F167 S. 84(1)(ca) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(3)(a), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) F168 Words in s. 84(1) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(3)(b), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) F169 Words in s. 84(2) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(4), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) F170 S. 84(5A) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(5), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) 84 Notification requirements: changes S (1) A relevant offender must, within the period of 3 days beginning with— (a) his using a name which has not been notified to the police under section 83(1), this subsection, or section 2 of the Sex Offenders Act 1997 (c. 51), (b) any change of his home address, Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 65 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (6) This subsection applies to the relevant offender if the last home address notified by him under section 83(1) or 84(1) or subsection (1) was the address or location of such a place as is mentioned in section 83(7)(b).] Textual Amendments F171 Words in s. 85(1) substituted (28.3.2011 for specified purposes, 8.7.2013 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(a), 206(1); S.S.I. 2011/178, art. 2, sch.; S.S.I. 2013/214, art. 2 (with art. 3) F172 Words in s. 85(1) substituted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(7), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) and said words substituted (S.) (28.3.2011 for certain purposes, 8.7.2013 in so far as not already in force) by virtue of Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(a), 206(1); S.S.I. 2011/178, art. 2, Sch.; S.S.I. 2013/214, art. 2 (with art. 3) F173 Words in s. 85(3) substituted (28.3.2011 for specified purposes, 8.7.2013 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(b), 206(1); S.S.I. 2011/178, art. 2, sch.; S.S.I. 2013/214, art. 2 (with art. 3) F174 Words in s. 85(3) substituted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(8), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) and said words substituted (S.) (28.3.2011 for certain purposes, 8.7.2013 in so far as not already in force) by virtue of Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(b), 206(1); S.S.I. 2011/178, art. 2, Sch.; S.S.I. 2013/214, art. 2 (with art. 3) F175 Words in s. 85(4)(a) inserted (E.W.N.I.) (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(7), Sch. 26 para. 55; S.I. 2009/2606, art. 3(i) F176 S. 85(5)(6) inserted (S.) (28.3.2011 for specified purposes, 8.7.2013 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(2)(c), 206(1); S.S.I. 2011/178, art. 2, sch.; S.S.I. 2013/214, art. 2 (with art. 3) F177 S. 85(5)(6) inserted (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 142(9), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 45 (subject to Sch. 2) [F17885A Notification requirements: absence from notified residence (1) This section applies to a relevant offender at any time if the last home address notified by him under section 83(1), 84(1) or 85(1) was an address in Northern Ireland such as is mentioned in section 83(7)(a) (sole or main residence). (2) If the relevant offender intends to be absent from that home address for a period of more than 3 days (“the relevant period”), the relevant offender must, not less than 12 hours before leaving that home address, notify to the police the information set out in subsection (3). (3) The information is— (a) the date on which the relevant offender will leave that home address; (b) such details as the relevant offender holds about— (i) his travel arrangements during the relevant period; (ii) his accommodation arrangements during that period; (iii) his date of return to that home address. (4) In this section— “travel arrangements” include, in particular, details of the means of transport to be used and the dates of travel, 66 Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes “accommodation arrangements” include, in particular, the address of any accommodation at which the relevant offender will spend the night during the relevant period and the nature of that accommodation. (5) Where— (a) a relevant offender has given a notification under subsection (2), and (b) at any time before that mentioned in that subsection, the information notified becomes inaccurate or incomplete, the relevant offender must give a further notification under subsection (2). (6) Where a relevant offender— (a) has notified a date of return to his home address, but (b) returns to his home address on a date other than that notified, the relevant offender must notify the date of his actual return to the police within 3 days of his actual return. (7) Nothing in this section requires an offender to notify any information which falls to be notified in accordance with a requirement imposed by regulations under section 86. (8) In calculating the relevant period for the purposes of this section there is to be disregarded— (a) any period or periods which the relevant offender intends to spend at, or travelling directly to or from, an address of the kind mentioned in section 83(5) (g) notified to the police under section 83 or 85; (b) any period or periods which the relevant offender intends to spend at, or travelling directly to or from, any premises, if his stay at those premises would give rise to a requirement to notify the address of those premises under section 84(1)(c). (9) This section applies in relation to any relevant period which begins on or after the day after the coming into operation of section 2 of the Criminal Justice Act (Northern Ireland) 2013.] Textual Amendments F178 S. 85A inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(2), 15(2)(b); S.R. 2014/179, art. 2(a) 86 Notification requirements: travel outside the United Kingdom (1) The Secretary of State may by regulations make provision requiring relevant offenders who leave the United Kingdom, or any description of such offenders— (a) to give in accordance with the regulations, before they leave, a notification under subsection (2); (b) if they subsequently return to the United Kingdom, to give in accordance with the regulations a notification under subsection (3). (2) A notification under this subsection must disclose— (a) the date on which the offender will leave the United Kingdom; Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 67 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) the country (or, if there is more than one, the first country) to which he will travel and his point of arrival (determined in accordance with the regulations) in that country; (c) any other information prescribed by the regulations which the offender holds about his departure from or return to the United Kingdom or his movements while outside the United Kingdom. (3) A notification under this subsection must disclose any information prescribed by the regulations about the offender’s return to the United Kingdom. F179(4) F180. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F179 S. 86(4) repealed (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(3), 206(1); S.I. 2011/178, art. 2, Sch. F180 S. 86(4) repealed (E.W.N.I.) (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 149, 153(7), Sch. 28 Pt. 4; S.I. 2008/1586, art. 2, Sch. 1 para. 50(4)(d) (subject to Sch. 2) 87 Method of notification and related matters E+W+N.I. (1) A person gives a notification under section 83(1), 84(1) [F181, 85(1) or 85A(2) or (6)] by— (a) attending at such police station in his local police area as the Secretary of State may by regulations prescribe or, if there is more than one, at any of them, and (b) giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station. (2) A person giving a notification under section 84(1)— (a) in relation to a prospective change of home address, or (b) in relation to premises referred to in subsection (1)(c) of that section, may give the notification at a police station that would fall within subsection (1) above if the change in home address had already occurred or (as the case may be) if the address of those premises were his home address. (3) Any notification under this section must be acknowledged; and an acknowledgment under this subsection must be in writing, and in such form as the Secretary of State may direct. (4) Where a notification is given under section 83(1), 84(1) [F182, 85(1) or 85A(2) or (6)], the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), allow the officer or person to— (a) take his fingerprints, (b) photograph any part of him, or (c) do both these things. (5) The power in subsection (4) is exercisable for the purpose of verifying the identity of the relevant offender. F183(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes and in paragraphs (a) and (b), “finding” in relation to an offence means a finding of not guilty of the offence by reason of insanity or a finding that the person was under a disability and did the act or omission charged against him in respect of the offence. (5) Subsection (3) applies as if Northern Ireland were a police area. Textual Amendments F184 S. 88(2A) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 77(8), 104; S.S.I. 2006/432, art. 2(d) F185 S. 88(3) omitted (S.) (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(3) F186 Words in s. 88(4)(c) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 56 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i) F187 Words in s. 88(4)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 205 (with Sch. 27); S.I. 2020/1236, reg. 2 [F188[F18988AReview of indefinite notification requirements: applicable persons (1) Sections 88B to 88H apply to— (a) a person who, on or after 28th January 2011, becomes subject to the notification requirements of this Part for an indefinite period by virtue of section 80(1) or a notification order made under section 97(5); and (b) a person who immediately before that date was subject to the notification requirements of this Part for an indefinite period by virtue of— (i) section 80(1); (ii) section 81(1); or (iii) a notification order made under section 97(5). (2) A person who falls within subsection (1)(a) or (b) is referred to in sections 88B to 88G as a “relevant sex offender”.] Textual Amendments F188 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45)) F189 Ss. 88A-88I inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 3 (which Order revokes and re-enacts with modifications the The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), see art. 5) [F19088B Review of indefinite notification requirements: date of discharge and further date of discharge (1) For the purposes of this Part, the date of discharge is— (a) where the relevant sex offender was aged 18 or over on the relevant date, the date falling 15 years after that date; (b) where the relevant sex offender was aged under 18 on the relevant date, the date falling 8 years after that date. Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 71 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (2) In determining the date of discharge under subsection (1), there is to be disregarded any time when the relevant sex offender was— (a) remanded in or committed to custody by order of a court; (b) serving a sentence of imprisonment or a term of service detention; (c) detained in hospital; or (d) outside the United Kingdom, before the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997 or section 83(1) of this Part. (3) Subsection (4) applies where— (a) the relevant sex offender is subject to the notification requirements of this Part; (b) after the relevant sex offender first notified information to the police under section 2(1) of the Sex Offenders Act 1997 or section 83(1) of this Part, the relevant sex offender was sentenced to a period of imprisonment or a term of service detention in respect of the offence (or offences) to which the notification requirements relate; and (c) the date of discharge would, apart from subsection (4), fall on or after 28th January 2011. (4) In determining the date of discharge under subsection (1), there is also to be disregarded any time when the relevant sex offender was serving a sentence of imprisonment or a term of service detention in respect of that offence (or those offences). (5) Where a notification continuation order made under this Part has effect in respect of the relevant sex offender, for the purposes of this Part the further date of discharge is the date of expiry of the fixed period specified in that order. (6) In this section and section 88D “relevant date”— (a) in relation to a relevant sex offender who is subject to the notification requirements of this Part for an indefinite period by virtue of section 80(1) or 81(1), has the meaning applicable to that offender specified in section 82(6) (a) to (c); (b) in relation to a relevant sex offender who is subject to the notification requirements of this Part for an indefinite period by virtue of a notification order made under section 97(5), has the meaning applicable to that offender specified in section 98(2).] Textual Amendments F188 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45)) F190 Ss. 88A-88I inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 3 (which Order revokes and re-enacts with modifications the The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), see art. 5) [F19188C Review of the indefinite notification requirements: procedure and grounds (1) The relevant chief constable must no later than the date of discharge— 72 Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) make a notification continuation order in respect of the relevant sex offender; or (b) notify the relevant sex offender that the offender ceases to be subject to the notification requirements of this Part on the date of discharge. (2) A notification continuation order is an order making the relevant sex offender subject to the notification requirements of this Part for a fixed period of not more than 15 years from the date which would, but for the order, have been the date of discharge. (3) The relevant chief constable may make a notification continuation order only if satisfied, on the balance of probabilities, that the relevant sex offender poses a risk of sexual harm to the public, or any particular members of the public, in the United Kingdom. (4) In deciding whether to make a notification continuation order, the relevant chief constable must take into account— (a) the seriousness of the offence (or offences)— (i) of which the relevant sex offender was convicted; (ii) of which the relevant sex offender was found not guilty by reason of insanity; (iii) in respect of which the relevant sex offender was found to be under a disability and to have done the act charged; or (iv) in respect of which the relevant sex offender was cautioned in England and Wales or Northern Ireland, which made the relevant sex offender subject to the notification requirements of this Part for an indefinite period; (b) the period of time which has elapsed since the relevant sex offender committed the offence (or offences); (c) where the relevant sex offender falls within section 88A(1)(b)(ii), whether the relevant sex offender committed any offence under section 3 of the Sex Offenders Act 1997; (d) whether the relevant sex offender has committed any offence under section 91 of this Act; (e) the age of the relevant sex offender at the time of the decision; (f) the age of the relevant sex offender at the time the offence (or offences) referred to in paragraph (a) was (or were) committed; (g) the age of any person who was a victim of any such offence (where applicable) and the difference in age between the victim and the relevant sex offender at the time the offence was committed; (h) any convictions or findings made by a court in respect of the relevant sex offender for any other offence listed in Schedule 3; (i) any caution which the relevant sex offender has received for an offence in England and Wales or Northern Ireland which is listed in Schedule 3; (j) whether any criminal proceedings for any offences listed in Schedule 3 have been instituted against the relevant sex offender but have not concluded; (k) any assessment of the risk posed by the relevant sex offender which has been made by the responsible authorities under the joint arrangements for managing and assessing risk established under section 10 of the Management of Offenders etc. (Scotland) Act 2005; Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 75 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F188 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45)) F194 Ss. 88A-88I inserted (S.) (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45), arts. 1(1), 3 (which Order revokes and re-enacts with modifications the The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), see art. 5) 88F Review of the indefinite notification requirements: application to a sheriff (1) Where a relevant chief constable fails to comply with section 88C(1), 88D(3) or 88E(1), the relevant sex offender may make an application to a sheriff for an order that the offender is no longer subject to the notification requirements of this Part. (2) An application under subsection (1) is to be made by summary application to the sheriff in whose sheriffdom the relevant sex offender resides. (3) On an application under subsection (1), the sheriff may— (a) make the order sought in the application; or (b) make a notification continuation order in respect of the relevant sex offender. (4) Section 88C(2) to (5) and (7) applies in relation to the making of a notification continuation order under this section, but— (a) a reference to the relevant chief constable is to be read as a reference to the sheriff; (b) if an application under subsection (1) is made in relation to the failure of the relevant chief constable to comply with section 88D(3), the reference to the date of discharge in section 88C(2) is to be read as a reference to the applicable date; and (c) if an application under subsection (1) is made in relation to the failure of the relevant chief constable to comply with section 88E(1), the reference to the date of discharge in section 88C(2) is to be read as a reference to the further date of discharge. (5) The relevant chief constable and the relevant sex offender may appear or be represented at any hearing in respect of the application. (6) Where an application under subsection (1) is determined, the sheriff clerk must send a copy of the interlocutor, and where made a copy of the notification continuation order, to the relevant sex offender and the relevant chief constable. (7) The copy of the interlocutor, and where made the copy of the notification continuation order, is sent in accordance with subsection (6) if— (a) sent by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or (b) personally served on the relevant sex offender and the relevant chief constable. (8) The relevant sex offender remains subject to the notification requirements of this Part until the matter is finally determined as mentioned in section 88G(10). 76 Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F188 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45)) 88G Review of indefinite notification requirements: appeals (1) The decision of the relevant chief constable— (a) to make a notification continuation order; and (b) setting the fixed period of the notification continuation order, may be appealed by the relevant sex offender within 21 days after the date specified in subsection (3). (2) An appeal under subsection (1) is to be made by summary application to the sheriff in whose sheriffdom the relevant sex offender resides. (3) The date is— (a) where the appeal is brought against the decision of the relevant chief constable made under section 88C(1), the date of discharge; (b) where the appeal is brought against the decision of the relevant chief constable made under section 88D(1), the applicable date; or (c) where the appeal is brought against the decision of the relevant chief constable made under section 88E(1), the further date of discharge. (4) The decision of a sheriff— (a) on an application made under section 88F(1); (b) on appeal made under subsection (1); and (c) in relation to the fixed period of the notification continuation order, may be appealed by the relevant sex offender or the relevant chief constable to the sheriff principal within 21 days of the date of that decision. (5) On an appeal under this section, the sheriff or the sheriff principal may— (a) uphold or quash the decision of the relevant chief constable or, as the case may be, the sheriff; (b) make a notification continuation order; or (c) vary the fixed period in that order. (6) Section 88C(3) to (5) apply in relation to the making of a notification continuation order under this section but a reference to the relevant chief constable is to be read as a reference to the sheriff or, as the case may be, sheriff principal. (7) Where an appeal under this section is finally determined, the sheriff clerk must send a copy of the interlocutor, and where made a copy of the notification continuation order, to the relevant sex offender and the relevant chief constable. (8) The copy of the interlocutor, and where made the copy of the notification continuation order, shall be sent in accordance with subsection (7) if— (a) sent by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 77 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate); or (b) personally served on the relevant sex offender and relevant chief constable. (9) The relevant sex offender remains subject to the existing notification requirements of this Part until the matter is finally determined as mentioned in subsection (10). (10) The matter is finally determined— (a) where it is decided that a relevant sex offender should cease to be subject to the notification requirements of this Part, or the decision to make a notification continuation order is quashed, on the expiry of the period of 21 days referred to in subsection (4) without an appeal being taken; (b) where a notification continuation order is made, or a decision to make such an order is upheld on appeal, on the expiry of the period of 21 days referred to in subsection (1) or (4) without an appeal being taken; or (c) where an appeal is taken— (i) on the disposal of the appeal; or (ii) on its being abandoned. Textual Amendments F188 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45)) 88H Review of indefinite notification requirements: power to amend periods The Secretary of State may by order amend— (a) the periods specified in sections 88B(1)(a) and (b); and (b) the fixed period specified in section 88C(2). Textual Amendments F188 Ss. 88A-88I inserted (S.) (25.10.2010 at 17.00 hours) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (S.S.I. 2010/370), arts. 1(1), 3 (which Order is revoked and re-enacted with modifications (28.1.2011) by The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45)) 88I Discharge from indefinite notification requirements: England, Wales and Northern Ireland (1) A relevant offender who is, under the relevant legislation, discharged from the notification requirements of this Part by a court, person or body in England and Wales or Northern Ireland is, by virtue of the discharge, also discharged from the notification requirements of this Part as it applies to Scotland. (2) In subsection (1) “relevant legislation” means legislation which makes provision equivalent to that made by sections 88A to 88H and this section for a relevant offender who is subject to the notification requirements of this Part as it applies to England and 80 Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) where the appropriate court is the Crown Court (or in Scotland a criminal court), in accordance with rules of court; (b) in any other case, by complaint (or, in Scotland, by summary application). (4) On the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the direction, that the court considers appropriate. (5) In this section, the “appropriate court” means— (a) where the Court of Appeal made the order, the Crown Court; (b) in any other case, the court that made the direction under section 89(1). Textual Amendments F199 S. 90(2)(e) substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(6) 91 Offences relating to notification E+W+N.I. (1) A person commits an offence if he— (a) fails, without reasonable excuse, to comply with section 83(1), 84(1), 84(4) (b), 85(1)[F200, 85A(2) or (6)], 87(4) or 89(2)(b) or any requirement imposed by regulations made under section 86(1); or (b) notifies to the police, in purported compliance with section 83(1), 84(1) [F201, 85(1) or 85A(2) or (6)] or any requirement imposed by regulations made under section 86(1), any information which he knows to be false. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years. (3) A person commits an offence under paragraph (a) of subsection (1) on the day on which he first fails, without reasonable excuse, to comply with section 83(1), 84(1) [F202, 85(1) or 85A(2) or (6)] or a requirement imposed by regulations made under section 86(1), and continues to commit it throughout any period during which the failure continues; but a person must not be prosecuted under subsection (1) more than once in respect of the same failure. (4) Proceedings for an offence under this section may be commenced in any court having jurisdiction in any place where the person charged with the offence resides or is found. Extent Information E3 This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only Textual Amendments F200 Words in s. 91(1)(a) inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(4)(a), 15(2)(b); S.R. 2014/179, art. 2(a) Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 81 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F201 Words in s. 91(1)(b) substituted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(4)(b), 15(2)(b); S.R. 2014/179, art. 2(a) F202 Words in s. 91(3) substituted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 2(4)(c), 15(2)(b); S.R. 2014/179, art. 2(a) 91 Offences relating to notification S (1) A person commits an offence if he— (a) fails, without reasonable excuse, to comply with section 83(1), 84(1), 84(4) (b), 85(1), [F62387(5A)][F624or (5B)] or 89(2)(b) or any requirement imposed by regulations made under section 86(1); or (b) notifies to the police, in purported compliance with section 83(1), 84(1) or 85(1) or any requirement imposed by regulations made under section 86(1), any information which he knows to be false. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years. (3) A person commits an offence under paragraph (a) of subsection (1) on the day on which he first fails, without reasonable excuse, to comply with section 83(1), 84(1) or 85(1) or a requirement imposed by regulations made under section 86(1), and continues to commit it throughout any period during which the failure continues; but a person must not be prosecuted under subsection (1) more than once in respect of the same failure. [F625(4) Proceedings for an offence under this section may be commenced in any court— (a) having jurisdiction in any place where the accused— (i) resides; (ii) is last known to have resided; or (iii) is found; (b) which has convicted the accused of an offence if the accused is subject to the notification requirements of this Part by virtue of that conviction; or (c) which has made an order under section 104(1)(b) in respect of the accused if the accused is subject to those requirements by virtue of that order.] Extent Information E9 This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only Textual Amendments F623 Words in s. 91(1)(a) substituted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 77(9), 104; S.S.I. 2006/432, art. 2(d) F624 Words in s. 91(1)(a) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 78(8), 104; S.S.I. 2006/432, art. 2(d) F625 S. 91(4) substituted (S.) (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 18, 24(2); S.S.I. 2006/48, art. 3(1), Sch. Pt. 1 (subject to art. 3(3)) 82 Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F20391A Review of indefinite notification requirements: qualifying relevant offender (1) A qualifying relevant offender may apply to the relevant chief officer of police for a determination that the qualifying relevant offender is no longer subject to the indefinite notification requirements (“an application for review”). (2) A qualifying relevant offender means a relevant offender who, on the date on which he makes an application for review, is— (a) subject to the indefinite notification requirements; and (b) not subject to [F204a sexual harm prevention order under section 103A, an interim sexual harm prevention order under section 103F,] a sexual offences prevention order under section 104(1) or an interim sexual offences prevention order under section 109(3) [F205, or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction)]. (3) The “indefinite notification requirements” mean the notification requirements of this Part for an indefinite period by virtue of— (a) section 80(1); (b) section 81(1); or (c) a notification order made under section 97(5). (4) In this Part, the “relevant chief officer of police” means, subject to subsection (5), the chief officer of police for the police area in which a qualifying relevant offender is recorded as residing or staying in the most recent notification given by him under section 84(1) or 85(1). (5) Subsection (6) applies if a qualifying relevant offender is recorded as residing or staying at more than one address in the most recent notification given by him under section 84(1) or 85(1). (6) If this subsection applies, the “relevant chief officer of police” means the chief officer of police for the police area in which, during the relevant period, the qualifying relevant offender has resided or stayed on a number of days which equals or exceeds the number of days on which he has resided or stayed in any other police area. (7) In subsection (6), “the relevant period” means the period of 12 months ending on the day on which the qualifying relevant offender makes an application for review. Textual Amendments F203 Ss. 91A-91F inserted (E.W.) (31.7.2012) by The Sexual Offences Act 2003 (Remedial) Order 2012 (S.I. 2012/1883), arts. 1(1), 3 F204 Words in s. 91A(2)(b) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 58 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i) F205 Words in s. 91A(2)(b) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 207 (with Sch. 27); S.I. 2020/1236, reg. 2 91B Review of indefinite notification requirements: application for review and qualifying dates (1) An application for review must be in writing and may be made on or after the qualifying date or, as the case may be, the further qualifying date. (2) Subject to subsection (7), the qualifying date is— Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 85 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Textual Amendments F203 Ss. 91A-91F inserted (E.W.) (31.7.2012) by The Sexual Offences Act 2003 (Remedial) Order 2012 (S.I. 2012/1883), arts. 1(1), 3 91D Review of indefinite notification requirements: factors applying to determination under section 91C (1) In determining an application for review under section 91C, the relevant chief officer of police must— (a) have regard to information (if any) received from a responsible body; (b) consider the risk of sexual harm posed by the qualifying relevant offender and the effect of a continuation of the indefinite notification requirements on the offender; and (c) take into account the matters listed in subsection (2). (2) The matters are— (a) the seriousness of the offence in relation to which the qualifying relevant offender became subject to the indefinite notification requirements; (b) the period of time which has elapsed since the qualifying relevant offender committed the offence (or other offences); (c) where the qualifying relevant offender falls within section 81(1), whether the qualifying relevant offender committed any offence under section 3 of the Sex Offenders Act 1997; (d) whether the qualifying relevant offender has committed any offence under section 91; (e) the age of the qualifying relevant offender at the qualifying date or further qualifying date; (f) the age of the qualifying relevant offender at the time the offence referred to in paragraph (a) was committed; (g) the age of any person who was a victim of any such offence (where applicable) and the difference in age between the victim and the qualifying relevant offender at the time the offence was committed; (h) any assessment of the risk posed by the qualifying relevant offender which has been made by a responsible body under the arrangements for managing and assessing risk established under section 325 of the Criminal Justice Act 2003; (i) any submission or evidence from a victim of the offence giving rise to the indefinite notification requirements; (j) any convictions or findings made by a court (including by a court in Scotland, Northern Ireland or countries outside the United Kingdom) in respect of the qualifying relevant offender for any offence listed in Schedule 3 other than the one referred to in paragraph (a); (k) any caution which the qualifying relevant offender has received for an offence (including for an offence in Northern Ireland or countries outside the United Kingdom) which is listed in Schedule 3; (l) any convictions or findings made by a court in Scotland, Northern Ireland or countries outside the United Kingdom in respect of the qualifying relevant offender for any offence listed in Schedule 5 where the behaviour of the 86 Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes qualifying relevant offender since the date of such conviction or finding indicates a risk of sexual harm; (m) any other submission or evidence of the risk of sexual harm posed by the qualifying relevant offender; (n) any evidence presented by or on behalf of the qualifying relevant offender which demonstrates that the qualifying relevant offender does not pose a risk of sexual harm; and (o) any other matter which the relevant chief officer of police considers to be appropriate. (3) In this section, a reference to a conviction, finding or caution for an offence committed in a country outside the United Kingdom means a conviction, finding or caution for an act which— (a) constituted an offence under the law in force in the country concerned, and (b) would have constituted an offence listed in Schedule 3 or Schedule 5 if it had been done in any part of the United Kingdom. Textual Amendments F203 Ss. 91A-91F inserted (E.W.) (31.7.2012) by The Sexual Offences Act 2003 (Remedial) Order 2012 (S.I. 2012/1883), arts. 1(1), 3 91E Review of indefinite notification requirements: appeals (1) A qualifying relevant offender may appeal against a determination of the relevant chief officer of police under section 91C. (2) An appeal under this section may be made by complaint to a magistrates’ court within the period of 21 days beginning with the day of receipt of the notice of determination. (3) A qualifying relevant offender may appeal under this section to any magistrates’ court in a local justice area which includes any part of the police area for which the chief officer is the relevant chief officer of police. (4) If the court makes an order that a qualifying relevant offender should not remain subject to the indefinite notification requirements, the qualifying relevant offender ceases to be subject to the indefinite notification requirements on the date of the order. Textual Amendments F203 Ss. 91A-91F inserted (E.W.) (31.7.2012) by The Sexual Offences Act 2003 (Remedial) Order 2012 (S.I. 2012/1883), arts. 1(1), 3 91F Review of indefinite notification requirements: guidance (1) The Secretary of State must issue guidance to relevant chief officers of police in relation to the determination by them of applications made under section 91B. (2) The Secretary of State may, from time to time, revise the guidance issued under subsection (1). Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 87 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (3) The Secretary of State must arrange for any guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate.] Textual Amendments F203 Ss. 91A-91F inserted (E.W.) (31.7.2012) by The Sexual Offences Act 2003 (Remedial) Order 2012 (S.I. 2012/1883), arts. 1(1), 3 92 Certificates for purposes of Part 2 (1) Subsection (2) applies where on any date a person is— (a) convicted of an offence listed in Schedule 3; (b) found not guilty of such an offence by reason of insanity; or (c) found to be under a disability and to have done the act charged against him in respect of such an offence. (2) If the court by or before which the person is so convicted or found— (a) states in open court— (i) that on that date he has been convicted, found not guilty by reason of insanity or found to be under a disability and to have done the act charged against him, and (ii) that the offence in question is an offence listed in Schedule 3, and (b) certifies those facts, whether at the time or subsequently, the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts. (3) Subsection (4) applies where on any date a person is, in England and Wales or Northern Ireland, cautioned in respect of an offence listed in Schedule 3. (4) If the constable— (a) informs the person that he has been cautioned on that date and that the offence in question is an offence listed in Schedule 3, and (b) certifies those facts, whether at the time or subsequently, in such form as the Secretary of State may by order prescribe, the certificate is, for the purposes of this Part, evidence (or, in Scotland, sufficient evidence) of those facts. 93 [F206Acts which are no longer offences] Schedule 4 (procedure for ending notification requirements for [F207acts which are no longer offences]) has effect. Textual Amendments F206 S. 93 heading substituted (N.I.) (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 3(2)(a), 15(1) F207 Words in s. 93 substituted (N.I.) (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 3(2)(b), 15(1) 90 Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) may retain the information, whether or not used for the purposes of the prevention, detection, investigation or prosecution of an offence under this Part, and (b) may use the information for any purpose related to the prevention, detection, investigation or prosecution of offences (whether or not under this Part), but for no other purpose. (5) Subsections (5) to (8) of section 94 apply in relation to this section as they apply in relation to section 94. Textual Amendments F216 S. 95(1)(aa) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 69(a) F217 Words in s. 95(2)(a) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 43 F218 S. 95(2)(b) substituted for s. 95(b)(c) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 195; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7)) F219 Words in s. 95(3)(a) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 69(b) Information about release or transfer 96 Information about release or transfer (1) This section applies to a relevant offender who is serving a sentence of imprisonment or a term of service detention, or is detained in a hospital. (2) The Secretary of State may by regulations make provision requiring notice to be given by the person who is responsible for that offender to persons prescribed by the regulations, of any occasion when the offender is released or a different person becomes responsible for him. [F220(2A) The regulations may make provision requiring the person who is responsible for an offender, in giving notice under the regulations, to provide— (a) any information about the offender, or (b) a photograph of any part of the offender. (2B) In subsection (2A), “photograph” is to be construed in accordance with section 88(2).] (3) The regulations may make provision for determining who is to be treated for the purposes of this section as responsible for an offender. (4) F221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F220 S. 96(2A)(2B) inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 79(2), 104; S.S.I. 2006/432, art. 2(d) Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 91 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F221 S. 96(4) repealed (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 102(5), 206(1); S.I. 2011/178, art. 2, Sch. [F222Offences committed in a country outside the United Kingdom Textual Amendments F222 Ss. 96A, 96AA inserted (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 4(2), 15(2)(c); S.R. 2014/179, art. 2(b) 96A Offences committed in a country outside the United Kingdom (1) This section applies to a person (“P”) if the following 3 conditions are met with respect to P. (2) The first condition is that under the law in force in a country outside the United Kingdom— (a) P has been convicted of a relevant offence (whether or not P has been punished for it), (b) a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that P is not guilty by reason of insanity, (c) such a court has made in respect of a relevant offence a finding equivalent to a finding that P is under a disability and did the act charged against P in respect of the offence, or (d) P has been cautioned in respect of a relevant offence. (3) The second condition is that— (a) the first condition is met because of a conviction, finding or caution which occurred on or after 1st September 1997, (b) the first condition is met because of a conviction or finding which occurred before that date, but P was dealt with in respect of the offence or finding on or after that date, or has yet to be dealt with in respect of it, or (c) the first condition is met because of a conviction or finding which occurred before that date, but on that date P was, in respect of the offence or finding, subject under the law in force in the country concerned to detention, supervision or any other disposal equivalent to any of those mentioned in section 81(3) (read with sections 81(6) and 131). (4) The third condition is that the period set out in section 82 (as modified by subsections (6) and (7) below) in respect of the relevant offence has not expired. (5) Where this section applies to P, P is subject to the notification requirements of this Part for the notification period set out in section 82; but the application of this Part to P in respect of the conviction, finding or caution is subject— (a) in all cases, to the modifications set out below; and (b) in a case where the first condition mentioned in subsection (2) is met by reason of a conviction, finding or caution in a country which is not a member of the Council of Europe, to the further provisions in section 96AA. (6) The “relevant date” means— 92 Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) in the case where P is within subsection (2)(a), the date of the conviction; (b) in the case where P is within subsection (2)(b) or (c), the date of the finding; (c) in the case where P is within subsection (2)(d), the date of the caution. (7) In section 82— (a) references, except in the Table, to a person (or relevant offender) within any provision of section 80 are to be read as references to P; (b) the reference in the Table to section 80(1)(d) is to be read as a reference to subsection (2)(d); (c) references to an order of any description are to be read as references to any corresponding disposal made in relation to P in respect of an offence or finding by reference to which this section applies to P; (d) the reference to offences listed in Schedule 3 is to be read as a reference to relevant offences. (8) In sections 83 and 85 references to the commencement of this Part are to be read as references to the commencement of section 4 of the Criminal Justice Act (Northern Ireland) 2013. (9) Section 83 has effect as if after subsection (1) there were inserted— “(1A) In the case of a person who is not ordinarily resident in Northern Ireland, in calculating the period of 3 days mentioned in subsection (1) there is to be disregarded a period of 7 days (or two or more periods in any period of 12 months taken together which amount to 7 days) after that person's entry into Northern Ireland.”. (10) Section 83(4) has effect as if— (a) for the words “Where a notification order is made” there were substituted “ Where a relevant offender is subject to the notification requirements of this Part by virtue of section 96A ”; and (b) in paragraph (a) for the words “the order was made” there were substituted “ he became a person to whom section 96A applies ”. (11) In this section “relevant offence” means an act which— (a) constituted an offence under the law in force in the country concerned, and (b) would have constituted an offence listed in Schedule 3 (other than at paragraph 60) if it had been done in any part of the United Kingdom; and for the purposes of this subsection an act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law however it is described in that law. 96AA Convictions, etc. in a country which is not a member of the Council of Europe (1) The further provisions referred to in section 96A(5)(b) are as follows. (2) Where P is charged with an offence under section 91(1)(a), it is a defence for P to prove that the relevant conviction, finding or caution falls within subsection (4). (3) P shall cease to be subject to the notification requirements of this Part by virtue of section 96A if the High Court, on an application made by P in accordance with rules of court, so orders; but the High Court shall not make such an order unless it is satisfied that the relevant conviction, finding or caution falls within subsection (4). Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 95 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F228 Words in s. 96A(11) definition of “senior police officer” inserted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(7)(c)(ii) Modifications etc. (not altering text) C6 S. 96A(2)(d) modified (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Supplementary, Transitional, Transitory and Saving Provisions) Order2013 (S.S.I. 2013/121), arts. 1(1), 14 [F229Entry and search of home address Textual Amendments F229 S. 96B and cross-heading inserted (E.W.N.I.) (31.5.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 58(1), 66(2); S.I. 2007/858, art. 3(f) 96B Power of entry and search of relevant offender's home address (1) If on an application made by a senior police officer of the relevant force a justice of the peace is satisfied that the requirements in subsection (2) are met in relation to any premises, he may issue a warrant authorising a constable of that force— (a) to enter the premises for the purpose of assessing the risks posed by the relevant offender to which the warrant relates; and (b) to search the premises for that purpose. (2) The requirements are— (a) that the address of each set of premises specified in the application is an address falling within subsection (3); (b) that the relevant offender is not one to whom subsection (4) applies; (c) that it is necessary for a constable to enter and search the premises for the purpose mentioned in subsection (1)(a); and (d) that on at least two occasions a constable has sought entry to the premises in order to search them for that purpose and has been unable to obtain entry for that purpose. (3) An address falls within this subsection if— (a) it is the address which was last notified in accordance with this Part by a relevant offender to the police as his home address; or (b) there are reasonable grounds to believe that a relevant offender resides there or may regularly be found there. (4) This subsection applies to a relevant offender if he is— (a) remanded in or committed to custody by order of a court; (b) serving a sentence of imprisonment or a term of service detention; (c) detained in a hospital; or (d) outside the United Kingdom. (5) A warrant issued under this section must specify the one or more sets of premises to which it relates. 96 Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (6) The warrant may authorise the constable executing it to use reasonable force if necessary to enter and search the premises. (7) The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose mentioned in subsection (1)(a). (8) Where a warrant issued under this section authorises multiple entries, the number of entries authorised may be unlimited or limited to a maximum. (9) In this section a reference to the relevant offender to whom the warrant relates is a reference to the relevant offender— (a) who has in accordance with this Part notified the police that the premises specified in the warrant are his home address; or (b) in respect of whom there are reasonable grounds to believe that he resides there or may regularly be found there. (10) In this section— “the relevant force” means the police force maintained for the police area in which the premises in respect of which the application is made or the warrant is issued are situated; “senior police officer” means a constable of the rank of superintendent or above.] Notification orders [F23097 Notification orders: applications and grounds (1) A chief officer of police may, by complaint to any magistrates' court whose commission area includes any part of his police area, apply for an order under this section (a “notification order”) in respect of a person (“the defendant”) if— (a) it appears to him that the following three conditions are met with respect to the defendant, and (b) the defendant resides in his police area or the chief officer believes that the defendant is in, or is intending to come to, his police area. (2) The first condition is that under the law in force in a country outside the United Kingdom— (a) he has been convicted of a relevant offence (whether or not he has been punished for it), (b) a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that he is not guilty by reason of insanity, (c) such a court has made in respect of a relevant offence a finding equivalent to a finding that he is under a disability and did the act charged against him in respect of the offence, or (d) he has been cautioned in respect of a relevant offence. (3) The second condition is that— (a) the first condition is met because of a conviction, finding or caution which occurred on or after 1st September 1997, Sexual Offences Act 2003 (c. 42) Part 2 – Notification and orders Document Generated: 2022-06-07 97 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 07 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) the first condition is met because of a conviction or finding which occurred before that date, but the person was dealt with in respect of the offence or finding on or after that date, or has yet to be dealt with in respect of it, or (c) the first condition is met because of a conviction or finding which occurred before that date, but on that date the person was, in respect of the offence or finding, subject under the law in force in the country concerned to detention, supervision or any other disposal equivalent to any of those mentioned in section 81(3) (read with sections 81(6) and 131). (4) The third condition is that the period set out in section 82 (as modified by subsections (2) and (3) of section 98) in respect of the relevant offence has not expired. (5) If on the application it is proved that the conditions in subsections (2) to (4) are met, the court must make a notification order. (6) In this section and section 98, “relevant offence” has the meaning given by section 99.] Textual Amendments F230 Ss. 97-101 repealed (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 4(3), 15(2)(c)(e), Sch. 4 Pt. 1 (with s. 4(4)); S.R. 2014/179, art. 2(b) [F23098 Notification orders: effect (1) Where a notification order is made— (a) the application of this Part to the defendant in respect of the conviction, finding or caution to which the order relates is subject to the modifications set out below, and (b) subject to those modifications, the defendant becomes or (as the case may be) remains subject to the notification requirements of this Part for the notification period set out in section 82. (2) The “relevant date” means— (a) in the case of a person within section 97(2)(a), the date of the conviction; (b) in the case of a person within section 97(2)(b) or (c), the date of the finding; (c) in the case of a person within section 97(2)(d), the date of the caution. (3) In section 82— (a) references, except in the Table, to a person (or relevant offender) within any provision of section 80 are to be read as references to the defendant; (b) the reference in the Table to section 80(1)(d) is to be read as a reference to section 97(2)(d); (c) references to an order of any description are to be read as references to any corresponding disposal made in relation to the defendant in respect of an offence or finding by reference to which the notification order was made; (d) the reference to offences listed in Schedule 3 is to be read as a reference to relevant offences. (4) In sections 83 and 85, references to the commencement of this Part are to be read as references to the date of service of the notification order.]