Part 1 of the Act makes new provision for sexual offences. Sections 1 to 4 cover the non-consensual offences of rape, assault by penetration, sexual assault and causing a person to engage in sexual activity without consent.
Sections 5 to 8 deal with rape and other offences against children under 13. Consent is irrelevant to these offences (as under thirteen’s cannot consent).
Sections 9 to 15 set out a series of “child sex offences”, including causing or inciting a child to engage in sexual activity, arranging or facilitating commission of a child sex offence and meeting a child following sexual grooming.
Sections 16 to 24 re-enact and amend the offence of “abuse of position of trust” under sections 3 and 4 of the Sexual Offences (Amendment) Act 2000.
Briefly a person aged 18 or over commits an offence if he engages in a range of sexual activities with a child and he is in a “position of trust.” The definition of “position of trust” is defined in sections 21 and 22. It applies to a wide range of settings for children and young people, for instance secure training centre’s and young offenders institutions, as well as educational institutions.
Sections 25 to 29 deal with familial child sex offences.
Sections 30 to 33 deal with offences against person with a mental disorder, and section 34 to 37 provide for offences in relation to “inducement, threat or deception” in order to procure sexual activity by a person with a mental disorder.
Sections 38 to 44 set out offences committed by care workers with a person under a mental disorder.
Section 45 to 51 deal with indecent photography of children (including those aged 16 or 17, paying for the sexual services of a child, controlling a child prostitute or a child involved in pornography.
Section 45 amends the Protection of Children Act 1978 and redefines a child a person under 18, rather than under 16 under the 1978 Act.
Sections 52 to 56 deal with offences relating to prostitution, and section 57 to 60 deal with the offence of trafficking into the UK for sexual exploitation.
Sections 61 to 63 deal with “preparatory” offences, including administering a substance with intent, committing an offence with intent to commit a sexual offence and trespass with intent to commit a sexual offence.
Sections 64 and 65 deal with incest.
Sections 66 to 71 cover a range of sexual offences, exposure, voyeurism, intercourse with an animal, sexual penetration of a corpse and sexual activity in a public lavatory.
Sections 72 to 79 provide for sexual offences committed outside the United Kingdom.
Part of the Act deals with notification and registration requirements for sex offenders.
Section 80 to 92 re-enact with amendments, Part 1 of the Sex Offenders Act 1997, which established a requirement on sex offenders to notify certain personal details to the police.
Sections 80 to 81 set out the persons who are required to comply, and Schedule 3 of the Act sets out a list of offences under previous and present legislation where an offender will be required to notify.
In the most serious cases, a relevant offender will be subject to requirements for an indefinite period, i.e. the rest of his life. In less serious cases, the period is less. By way of example, where (after commencement of the Act) a person is cautioned for a relevant offence, the notification period is two years. Periods of notification are also less for a person under 18 (Section 82(2)).
Section 83 sets out the actual notification requirements. The information (contained in section 83(5) includes:
Date of birth, National Insurance Number, Name on the “relevant date ”Home address on the “relevant date” Name and address on the date that notification is given. Address of any other premises where he stays
Section 84 sets out the requirements on an offender to notify the police of any changes to notified details. Section 85 deals with periodic notification.
Section 86 provides a power for the Secretary of State to make regulations setting out notification requirements for relevant offenders who leave the UK and disclose their travel plans. Sections 87 and 88 provides for the method of notification.
Section 89 deals with young offenders and allows the court to direct a person with parental responsibility for the offender to comply with the notification requirements in place of the offender. Section 90 allows the court to vary, renew or discharge a parental direction.
Section 91 provides an offence of failing to give a notification. Section 93 gives effect to Schedule 4,which allowed the Secretary of State to remove the notification requirement from offenders convicted of buggery and indecency under the Sexual Offences Act 1956.
Sections 94 and 95 provide the power to enable the police to verify that the offender has notified the correct details o the police, and that he is not omitting any details. This verification involved cross checks with the following organisations: DWP Passport Office, Department of Transport (DVLA).
Section 96 re-enacts section 5B of the Sex Offenders Act 1997. This provides for notification to relevant authorities when an offender is released from prison or hospital.
Section 97 provides a power for the police to apply to the magistrates’ court for an order that an offender be made subject to notification requirements. Such a notification order might for example, be sought in respect of a UK citizen who has been convicted of a sexual offence abroad, but is then deported back to the UK.
