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Sexual Offences Act 2003 (c. 42)
Schedule 6—Minor and consequential amendments
Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8))
42 (1) The Criminal Evidence (Northern Ireland) Order 1999 is amended as follows.
(2) In Article 3(1) (meaning of “sexual offence”), after sub-paragraph (gg) insert—
- “(ga) any offence under any of sections 15 to 21, 47 to 53, 57 to 59, 66, 67, and 70 to 72 of the Sexual Offences Act 2003.”
(3) In Article 23 (protection of child complainants and other child witnesses)—
- (a) in paragraph (3), after sub-paragraph (c) insert—
- “(cc) any offence under any of sections 15 to 21, 47 to 53, 57 to 59, 66 to 72 of the Sexual Offences Act 2003;”;
- (b) in paragraph (4)(a), after “(3)(a)” insert “or (cc)”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
43 (1) The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
(2) In section 91 (power to detain offenders under 18 convicted of certain offences), for subsection (1)(b) and (c) substitute—
- “(b) an offence under section 3 of the Sexual Offences Act 2003 (in this section, “the 2003 Act”) (sexual assault); or
- (c) an offence under section 13 of the 2003 Act (child sex offences committed by children or young persons); or
- (d) an offence under section 25 of the 2003 Act (sexual activity with a child family member); or
- (e) an offence under section 26 of the 2003 Act (inciting a child family member to engage in sexual activity).”
(3) In section 109 (life sentence for second serious offence), in subsection (5), after paragraph (f) insert—
- “(fa) an offence under section 1 or 2 of the Sexual Offences Act 2003 (in this section, “the 2003 Act”) (rape, assault by penetration);
- (fb) an offence under section 4 of the 2003 Act (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;
- (fc) an offence under section 5 or 6 of the 2003 Act (rape of a child under 13, assault of a child under 13 by penetration);
- (fd) an offence under section 8 of the 2003 Act (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;
- (fe) an offence under section 30 of the 2003 Act (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section;
- (ff) an offence under section 31 of the 2003 Act (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;
