SCHEDULES

Section 56

SCHEDULE 1 Extension of gender-specific prostitution offences

Sexual Offences Act 1956 (c. 69)

1 In section 36 of the Sexual Offences Act 1956 (permitting premises to be used for prostitution), at the end insert “(whether any prostitute involved is male or female)”.

Street Offences Act 1959 (c. 57)

2 In section 1(1) of the Street Offences Act 1959 (loitering or soliciting for purposes of prostitution), after “prostitute” insert “(whether male or female)”.

3 (1) Section 2 of that Act (application to court by woman cautioned for loitering or soliciting) is amended as follows.

(2) In the heading of the section, for “woman” substitute “person”.

(3) In subsection (1)—

(a) for “woman” substitute “person”,

(b) for “her” in each place substitute “his”, and

(c) for “she” in each place substitute “he”.

(4) In subsection (2)—

(a) for “woman” in the first place substitute “person”,

(b) for “he” substitute “the chief officer”, and

(c) for “woman” in the second place substitute “person cautioned”.

(5) In subsection (3), for “woman” substitute “person cautioned”.

Sexual Offences Act 1985 (c. 44)

4 (1) The Sexual Offences Act 1985 is amended as follows.

(2) For the heading “Soliciting of women by men” substitute “Soliciting for the purpose of prostitution”.

(3) In section 1 (kerb-crawling)—

(a) for “man” substitute “person”,

(b) for “a woman” substitute “another person”,

(c) for “women” in each place substitute “persons”, and

(d) for “the woman” substitute “the person”.

(4) In section 2 (persistent soliciting of women for the purpose of prostitution)—

(a) for the heading of the section substitute “Persistent soliciting”,

(b) for “man” substitute “person”,

(c) for “a woman” substitute “another person”, and

(d) for “women” substitute “persons”.

(5) In section 4 (interpretation)—

(a) omit subsections (2) and (3),

(b) for “man” substitute “person”,

(c) for “a woman” substitute “another person”,

(d) for “her” in the first place substitute “that person”, and

(e) for “her” in the second place substitute “that person's”.

Section 72(7)

SCHEDULE 2 Sexual offences to which section 72 applies

England and Wales

1 In relation to England and Wales, the following are sexual offences to which section 72 applies—

(a) an offence under any of sections 5 to 15 (offences against children under 13 or under 16);

(b) an offence under any of sections 1 to 4, 16 to 41, 47 to 50 and 61 where the victim of the offence was under 16 at the time of the offence;

(c) an offence under section 62 or 63 where the intended offence was an offence against a person under 16;

(d) an offence under—

(i) section 1 of the Protection of Children Act 1978 (c. 37) (indecent photographs of children), or

(ii) section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of child),

in relation to a photograph or pseudo-photograph showing a child under 16.

Northern Ireland

2 (1) In relation to Northern Ireland, the following are sexual offences to which section 72 applies—

(a) rape;

(b) an offence under—

(i) section 52 of the Offences against the Person Act 1861 (c. 100) (indecent assault upon a female person), or

(ii) section 53 or 54 of that Act (abduction of woman);

(c) an offence under—

(i) section 2 of the Criminal Law Amendment Act 1885 (c. 69) (procuration of girl under 21),

(ii) section 3 of that Act (procuring defilement of woman using threats, etc.),

(iii) section 4 of that Act of unlawful carnal knowledge of a girl under 14,

(iv) section 5 of that Act of unlawful carnal knowledge of a girl under 17, or

(v) section 7 of that Act (abduction of girl under 18);

(d) an offence under—

(i) section 1 of the Punishment of Incest Act 1908 (c. 45) (incest by males), or

(ii) section 2 of that Act (incest by females);

(e) an offence under—

(i) section 21 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)) (causing or encouraging seduction, etc. of girl under 17), or

(ii) section 22 of that Act (indecent conduct towards a child);

(f) an offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children);

(g) an offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)) (inciting girl under 16 to have incestuous sexual intercourse);

(h) an offence under Article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (indecent photographs of children);

(i) an offence under—

(i) Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (buggery),

(ii) Article 20 of that Order (assault with intent to commit buggery), or

(iii) Article 21 of that Order (indecent assault on a male);

(j) an offence under—

(i) section 15 of this Act (meeting a child following sexual grooming etc.), or

(ii) any of sections 16 to 19 or 47 to 50 of this Act (abuse of trust, prostitution, child pornography).

(2) Sub-paragraph (1), apart from paragraphs (f) and (h), does not apply where the victim of the offence was 17 or over at the time of the offence.

General

3 A reference in paragraph 1 or 2(1) to an offence includes—

(a) a reference to an attempt, conspiracy or incitement to commit that offence; and

(b) a reference to aiding and abetting, counselling or procuring the commission of that offence.