Criminal Offences (Hansard, 26 January 2004)

§ Paul Goggins

The following offences have been created, modified or re-enacted by the Sexual Offences Act 2003:

section 1: Rape
section 2: Assault by penetration
section 3: Sexual assault
section 4: Causing a person to engage in sexual activity without consent
section 5: Rape of a child under 13
section 6: Assault of a child under 13 by penetration
section 7: Sexual assault of a child under 13
section 8: Causing or inciting a child under 13 to engage in sexual activity
section 9: Sexual activity with a child
section 10: Causing or inciting a child to engage in sexual activity
section 11: Engaging in sexual activity in the presence of a child
section 12: Causing a child to watch a sexual act
section 13: Child sex offences committed by children or young persons
section 14: Arranging or facilitation commission of a child sex offence
section 15: Meeting a child following sexual grooming etc
section 16: Abuse of position of trust: sexual activity with a child
section 17: Abuse of position of trust: causing or inciting a child to engage in sexual activity
section 18: Abuse of position of trust: sexual activity in the presence of a child
section 19: Abuse of position of trust: causing a child to watch a sexual act
section 25: Sexual activity with a child family member
section 26: Inciting a child family member to engage in sexual activity
section 30: Sexual activity with a person with a mental disorder impeding choice
section 31: Causing or inciting a person with a mental disorder impeding choice to engage in sexual activity
section 32: Engaging in sexual activity in the presence of a person with a mental disorder impeding choice
section 33: Causing a person, with a mental disorder impeding choice, to watch a sexual act
section 34: Inducement, threat or deception to procure sexual activity with a person with a mental disorder
section 35: Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception
section 36: Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder
section 37: Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception
section 38: Care workers: sexual activity with a person with a mental disorder
section 39: Care workers: causing or inciting sexual activity
section 40: Care workers: sexual activity in the presence of a person with a mental disorder
section 41: Care workers: causing a person with a mental disorder to watch a sexual act
section 45: Indecent photographs of persons aged 16 or 17
section 46: Criminal proceedings, investigations, etc
section 47: Paying for sexual services of a child
section 48: Causing or inciting child prostitution or pornography
section 49: Controlling a child prostitute or a child involved in pornography
section 50: Arranging or facilitating child prostitution or pornography
section 52: Causing or inciting prostitution for gain
section 53: Controlling prostitution for gain
section 55: Penalties for keeping a brothel used for prostitution
section 56: Extension of gender-specific prostitution offences
section 57: Trafficking into the UK for sexual exploitation
section 58: Trafficking within the UK for sexual exploitation
section 59: Trafficking out of the UK for sexual exploitation
section 61: Administering a substance with intent
section 62: Committing an offence with intent to commit a sexual offence
section 63: Trespass with intent to commit a sexual offence
section 64: Sex with an adult relative: penetration
section 65: Sex with an adult relative: consenting to penetration
section 66: Exposure
section 67: Voyeurism
section 69: Intercourse with an animal
section 70: Sexual penetration of a corpse
section 71: Sexual activity in a public lavatory
section 72: Offences outside the United Kingdom-extension of jurisdiction
section 91: Offences relating to notification (breach of the notification requirements)
section 113: Breach of sexual offences prevention order or interim sexual offences prevention order
section 122: Breach of foreign travel order
section 128: Breach of risk of sexual harm order or interim risk of sexual harm order.

Under section 81 of the Crime (International Co-operation) Act 2003 it is now an offence to obstruct a person carrying out an inspection of the Schengen Information System, the Europol Information System or the Customs Information System. Section 88 of the Act extends the scope of section 5 of the Forgery and Counterfeiting Act 1981 so it will also apply to the forgery of bankers drafts, promissory notes and debit cards.

The Anti Social Behaviour Act 2003 creates a number of new offences. Under section 4 of the Act (closure of premises where drugs are used unlawfully) a person commits an offence if he remains on or enters premises in contravention of a closure notice. A person also commits an offence if:

(a) He obstructs a constable or authorised person acting under section 1(6) (service of a closure notice) or section 3(2) (entering the premises or doing anything reasonably necessary to secure the premises against entry).
(b) He remains on premises in respect of which a closure order has been made.
(c) He enters the premises.

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Under section 32 (Dispersal of groups) a person who knowingly contravenes a direction given to him under section 30(4) (to disperse, to leave the relevant locality or prohibiting a return to the relevant locality) commits an offence.

Under section 37 it is an offence to carry an air weapon (whether loaded or not) or an imitation firearm in a public place without lawful authority or reasonable excuse.

Under section 38 it is an offence for a person under the age of 17 to have with him an air weapon or ammunition for an air weapon.

Under section 38 it is an offence for a 14 to 16-year-old to fire an air weapon beyond the boundary of private land under the circumstances where he has the permission of the occupier to shoot unsupervised.

Under section 39 it is an offence for a person to possess, purchase or acquire, or manufacture, sell or transfer any air rifle, air gun or air pistol which uses, or is designed or adapted for use with, a self-contained gas cartridge system. If at the time that this provision comes into force, a person has such an air rifle, air gun or air pistol in his possession, he will not be prevented from continued possession, but it will be an offence for him to continue possession without a licence.

Under section 40 a person commits an offence if without reasonable excuse he permits premises to be open in contravention of a closure order issued because a public nuisance is being caused by noise coming from the premises.

Under section 54 a person commits an offence if he sells an aerosol paint container to a person under the age of 16.

Under section 58 a person commits an offence if he knows that a direction under section 63(2) of the Criminal Justice and Public Order Act 1994 has been given which applies to him and he makes preparations for or attends a rave within 24 hours of the direction being given.

Under section 61 a person commits an offence if he knows that a direction under section 62A of the Criminal Justice and Public Order Act 1994 has been given which applies to him and he fails to leave the land as soon as reasonably practicable, or if, within three months of the direction being given, he enters any land in the area of the relevant local authority as a trespasser with the intention of residing there.

Under section 75 a person commits an offence if he fails to comply with a remedial notice to take action in relation to a high hedge.

Under section 77 a person commits an offence if he intentionally obstructs a person exercising the powers to enter the neighbouring land in order to carry out their functions under the Act.

As a result of legislation introduced by private members, the following offences were enacted in the Female Genital Mutilation Act 2003:

section 1: Offence of female genital mutilation
section 2: Offence of assisting a girl to mutilate her own genitalia
section 3: Offence of assisting a non-UK person to mutilate overseas a girl's genitalia
section 4: Extension of sections 1–3 to extra-territorial acts.

Sections 1 and 2 of the 2003 Act re-enact existing offences under the Prohibition of Female Circumcision Act 1985. Sections 3 and 4 introduce new offences.