Report by the Chairperson of the Contact Group of the Mediterranean Partners for Co-operation
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in subsections (1A) and (1C) of section 12 (buggery); and
in sub-paragraphs (a) and (b) of paragraph 16 (indecency between men etc.) of Schedule 2 (punishments etc.),
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in subsections (1) and (6) of section 1 (amendment of law relating to homosexual acts in private), for the word “eighteen” there shall be substituted the word “sixteen”; and
in section 8 (restriction on prosecutions), for the word “twenty-one” there shall be substituted the word “sixteen”.
In section 13 of the Criminal Law (Consolidation) (Scotland) Act 1995 (homosexual offences)— there shall be substituted the word “ sixteen ”.
in subsections (1) and (5)(c), for the word “eighteen”; and
in subsection (8), for the word “18”,
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Section 145 of the Criminal Justice and Public Order Act 1994 (which is superseded by this section) is hereby repealed.
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in subsection (1), after the words “subsection (1A)” there shall be inserted the words “or (1AA)”;
in subsection (1A), after the word “circumstances” there shall be inserted the word “first”; and
after that subsection there shall be inserted the following subsection—
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after the words “another man”, in the first place where they occur, there shall be inserted the words “otherwise than in the circumstances described below”; and
The circumstances referred to above are that the man is under the age of sixteen and the other man has attained that age.
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the words from “a homosexual act” to the end shall become paragraph (a); and
after that paragraph there shall be inserted the words and
In section 13 of the Criminal Law (Consolidation) (Scotland) Act 1995, after subsection (8) there shall be inserted the following subsection—
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the words from “a homosexual act” to the end shall become sub-paragraph (a); and
after that sub-paragraph there shall be inserted the words and
Subject to subsections (2) and (3) below, it shall be an offence for a person aged 18 or over— if (in either case) he is in a position of trust in relation to that person.
to have sexual intercourse (whether vaginal or anal) with a person under that age; or
to engage in any other sexual activity with or directed towards such a person,
Where a person (“ A ”) is charged with an offence under this section of having sexual intercourse with, or engaging in any other sexual activity with or directed towards, another person (“ B ”), it shall be a defence for A to prove that, at the time of the intercourse or activity—
he did not know, and could not reasonably have been expected to know, that B was under 18;
he did not know, and could not reasonably have been expected to know, that B was a person in relation to whom he was in a position of trust; or
he was lawfully married to, or in civil partnership with, B.
It shall not be an offence under this section for a person (“ A ”) to have sexual intercourse with, or engage in any other sexual activity with or directed towards, another person (“ B ”) if immediately before the commencement of this Act—
A was in a position of trust in relation to B; and
a sexual relationship existed between them.
A person guilty of an offence under this section shall be liable—
on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both;
on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both.
In this section, “ sexual activity ”—
does not include any activity which a reasonable person would regard as sexual only with knowledge of the intentions, motives or feelings of the parties; but
subject to that, means any activity which such a person would regard as sexual in all the circumstances.
For the purposes of section 3 above, a person aged 18 or over (“ A ”) is in a position of trust in relation to a person under that age (“ B ”) if any of the four conditions set out below, or any condition specified in an order made by the Secretary of State by statutory instrument, is fulfilled.
The first condition is that A looks after persons under 18 who are detained in an institution by virtue of an order of a court or under an enactment, and B is so detained in that institution.
The second condition is that A looks after persons under 18 who are resident in a home or other place in which— and B is resident, and is so provided with accommodation and maintenance or accommodation, in that place.
accommodation and maintenance are provided by an authority under section 23(2) of the Children Act 1989 or Article 27(2) of the Children (Northern Ireland) Order 1995;
accommodation is provided by a voluntary organisation under section 59(1) of that Act or Article 75(1) of that Order; or
accommodation is provided by an authority under section 26(1) of the Children (Scotland) Act 1995,
The third condition is that A looks after persons under 18 who are accommodated and cared for in an institution which is— and B is accommodated and cared for in that institution.
a hospital;
a residential care home, nursing home, mental nursing home or private hospital;
a community home, voluntary home, children’s home or residential establishment; or
provided by a care home service;
a home provided under section 82(5) of the Children Act 1989,
The fourth condition is that A looks after persons under 18 who are receiving full-time education at an educational institution, and B is receiving such education at that institution.
No order shall be made under subsection (1) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
A person looks after persons under 18 for the purposes of this section if he is regularly involved in caring for, training, supervising or being in sole charge of such persons.
For the purposes of this section a person receives full-time education at an educational institution if—
he is registered or otherwise enrolled as a full-time pupil or student at the institution; or
he receives education at the institution under arrangements with another educational institution at which he is so registered or otherwise enrolled.
In this section, except where the context otherwise requires—
“ private hospital ” has —
in relation to England and Wales, has the meaning given by section 21(1) of the Registered Homes Act 1984;
in relation to Northern Ireland, the meaning given by Article 74(1) of the Children (Northern Ireland) Order 1995.
in relation to Scotland, means an establishment in respect of which a person is registered under section 62 or 63 of the Social Work (Scotland) Act 1968; and
“ residential care home ”—
in relation to England and Wales, has the meaning given by section 1(2) of the Registered Homes Act 1984;
“voluntary home” has—
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in relation to England and Wales, the meaning given by section 60(3) of the Children Act 1989; and
“ residential establishment ” has the meaning given by section 93(1) of the Children (Scotland) Act 1995 as the meaning of that expression in relation to a place in Scotland;
in relation to Great Britain, a local authority; and
“ care home service ” has the meaning given by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8);
“ voluntary home ” has—
in relation to Northern Ireland, the meaning given by Article 74(1) of the Children (Northern Ireland) Order 1995.
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Schedule 1 to the Sex Offenders Act 1997 (sexual offences to which Part I applies) shall be amended as follows.
In paragraph 1 (offences under the law of England and Wales)—
in sub-paragraph (1), the word “and” immediately following paragraph (e) shall be omitted and after paragraph (f) there shall be inserted—; and
in sub-paragraph (2)(a), for the words “paragraph (a)(iii), (v) and (vi) does not” there shall be substituted the words “paragraphs (a)(iii), (v) and (vi) and (g) do not”.
In paragraph 2 (offences under the law of Scotland)—
in sub-paragraph (1), after paragraph (d) there shall be inserted—; and
in sub-paragraph (2), the word “and” immediately before paragraph (f) shall be omitted and after that paragraph there shall be inserted—.
In paragraph 3 (offences under the law of Northern Ireland)—
in sub-paragraph (1), the word “and” immediately following paragraph (i) shall be omitted and after paragraph (j) there shall be inserted—; and
in sub-paragraph (2)(a), for the words “and (d)” there shall be substituted the words “, (d) and (k)”.
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after paragraph (f) there shall be inserted— and
in paragraph (g), for “(f)” there shall be substituted “(fa)”.
In subsection (10) of section 210A of the Criminal Procedure (Scotland) Act 1995 (extended sentences for sex and violent offenders), in the definition of “sexual offence” the word “and” immediately before paragraph (xix) shall be omitted and after that paragraph there shall be insertedand
This Act may be cited as the Sexual Offences (Amendment) Act 2000.
For the purposes of the Scotland Act 1998, this Act shall be taken to be a pre-commencement enactment within the meaning of that Act.
This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
This Act extends to Northern Ireland.