Page:Sexual Offences Act 2003.pdf/96

90 Schedule 3—Sexual offences for purposes of Part 2 56 An offence under section 13(5) of that Act (homosexual offences) unless every person involved (whether in the offence or in the homosexual act) was 16 or over and was a willing participant.

57 An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust), where the offender was 20 or over.

58 An offence under section 311(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (non-consensual sexual acts).

59 An offence under section 313(1) of that Act (persons providing care services: sexual offences).

60 An offence in Scotland other than is mentioned in paragraphs 36 to 59 if the court, in imposing sentence or otherwise disposing of the case, determines for the purposes of this paragraph that there was a significant sexual aspect to the offender’s behaviour in committing the offence.

Northern Ireland

61 Rape.

62 An offence under section 52 of the Offences against the Person Act 1861 (c. 100) (indecent assault upon a female) if—
 * (a) where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
 * (b) in any other case—
 * (i) the victim was under 18, or
 * (ii) the offender, in respect of the offence or finding, is or has been—
 * (a) sentenced to a term of imprisonment,
 * (b) detained in a hospital, or
 * (c) made the subject of a community sentence of at least 12 months.

63 An offence under section 53 or 54 of that Act (abduction of woman by force for unlawful sexual intercourse) if the offender—
 * (a) was 18 or over, or
 * (b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

64 An offence under section 61 of that Act (buggery) if—
 * (a) the offender was 20 or over, and
 * (b) the victim or (as the case may be) other party was under 18.

65 An offence under section 62 of that Act of assault with intent to commit buggery if the victim or (as the case may be) other party was under 18, and the offender—
 * (a) was 18 or over, or
 * (b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

66 An offence under section 62 of that Act of indecent assault upon a male person if—