Member

249: Before Schedule 10, insert the following new Schedule— “ScheduleSexual offences against children under 16: consequential amendmentsFirearms Act 1968 (c.27) 1 (1) Paragraph 6 of Schedule 1 to the Firearms Act 1968 (offences to which section 17(2) applies) is amended as follows.(2) In paragraph (f), for “(3)(a) to (d)” substitute “(2)(a) to (d)”.(3) After paragraph (f) insert—“(fa) section 8A (rape of a child under 16);(fb) section 8B (assault of a child under 16 by penetration);(fc) section 8C (causing or inciting a child under 16 to engage in sexual activity involving penetration), where the activity was caused;”.Internationally Protected Persons Act 1978 (c.17) 2 (1) Section 1(1A) of the Internationally Protected Persons Act 1978 (offences for purposes of section 1) is amended as follows.(2) In paragraph (e), for “(3)(a) to (d)” substitute “(2)(a) to (d)”.(3) After paragraph (e) insert—“(ea) an offence under section 8A or 8B of that Act;(eb) an offence under section 8C of that Act, where the activity involving penetration was caused;”.Suppression of Terrorism Act 1978 (c.26) 3 (1) Paragraph 9 of Schedule 1 to the Suppression of Terrorism Act 1978 is amended as follows.(2) In paragraph (d), for “(3)(a) to (d)” substitute “(2)(a) to (d)”.(3) After paragraph (d) insert—“(da) section 8A or 8B (rape of a child under 16; assault of a child under 16 by penetration);(db) section 8C (causing or inciting a child under 16 to engage in sexual activity involving penetration), where the activity was caused;”.Criminal Justice Act 1982 (c. 48) 4 (1) Part 2 of Schedule 1 to the Criminal Justice Act 1982 (early release of prisoners: excluded offences) is amended as follows.(2) In the entry for section 8 of the Sexual Offences Act 2003, for “(3)(a) to (d)” substitute “(2)(a) to (d)”.(3) After the entry for section 8 of the Sexual Offences Act 2003 insert— “Section 8A (rape of a child under 16).Section 8B (assault of a child under 16 by penetration).Section 8C (causing or inciting a child under 16 to engage in sexual activity involving penetration), where the activity was caused.”Children Act 1989 (c. 41) 5 In Schedule ZA1 to the Children Act 1989 (serious sexual offences for the purposes of section 10C), in paragraph 3 after paragraph (h) insert—“(ha) section 8A (rape of a child under 16);(hb) section 8B (assault of a child under 16 by penetration);(hc) section 8C (causing or inciting a child under 16 to engage in sexual activity involving penetration);”.Criminal Justice and Public Order Act 1994 (c. 33) 6 (1) Section 25(2) of the Criminal Justice and Public Order Act 1994 (offences to which bail restrictions apply) is amended as follows.(2) In paragraph (k), for “(3)(a) to (d)” substitute “(2)(a) to (d)”.(3) After paragraph (k) insert—“(ka) an offence under section 8A of that Act (rape of a child under 16);(kb) an offence under section 8B of that Act (assault of a child under 16 by penetration);(kc) an offence under section 8C of that Act (causing or inciting a child under 16 to engage in sexual activity involving penetration), where the activity was caused;”.Criminal Injuries Compensation Act 1995 (c. 53) 7 In section 11(9) of the Criminal Injuries Compensation Act 1995 (definition of “rape”), for “or 5” substitute “, 5 or 8A”.Crime (Sentences) Act 1997 (c. 43) 8 In section 32ZAB(1) of the Crime (Sentences) Act 1997 (specified offences for purposes of section 32ZAA), after paragraph (f) insert—“(fa) an offence under section 8A of that Act (rape of a child under 16);”.Criminal Justice Act 2003 (c. 44) 9 (1) The Criminal Justice Act 2003 is amended as follows.(2) In section 256AZBB(1) (specified offences for purposes of section 256AZBA), after paragraph (e) insert—“(ea) an offence under section 8A of that Act (rape of a child under 16);”.(3) In Schedule 4 (qualifying offences for purposes of section 62), after paragraph 16 insert—“Rape of a child under 16 16A An offence under section 8A of the Sexual Offences Act 2003.Attempted rape of a child under 16 16B An offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence under section 8A of the Sexual Offences Act 2003.Assault of a child under 16 by penetration 16C An offence under section 8B of the Sexual Offences Act 2003.Causing a child under 16 to engage in sexual activity involving penetration 16D An offence under section 8C of the Sexual Offences Act 2003 where it is alleged that the activity was caused.” (4) In Schedule 5 (qualifying offences for purposes of Part 10) after paragraph 15 insert—“Rape of a child under 16 15A An offence under section 8A of the Sexual Offences Act 2003.Attempted rape of a child under 16 15B An offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence under section 8A of the Sexual Offences Act 2003.Assault of a child under 16 by penetration 15C An offence under section 8B of the Sexual Offences Act 2003.Causing a child under 16 to engage in sexual activity involving penetration 15D An offence under section 8C of the Sexual Offences Act 2003 where it is alleged that the activity was caused.”(5) In Part 2 of Schedule 15 (specified sexual offences for purposes of sections 244ZA and 325) after paragraph 109 insert—“109A An offence under section 8A of that Act (rape of a child under 16).109B An offence under section 8B of that Act (assault of a child under 16 by penetration).109C An offence under section 8C of that Act (causing or inciting a child under 16 to engage in sexual activity involving penetration).”(6) In paragraph 7 of Schedule 34A (child sex offences for purposes of section 327A), after paragraph (a) insert—“(aa) sections 8A to 8C of that Act (rape and other offences against children under 16);”.Anti-social Behaviour, Crime and Policing Act 2014 (c.12) 10 In section 116(8)(a) of the Anti-social Behaviour, Crime and Policing Act 2014 (offences constituting child sexual exploitation), after the entry for sections 5 to 8 of the Sexual Offences Act 2003 insert—“sections 8A to 8C (rape and other offences against children under 16);”.Modern Slavery Act 2015 (c.30) 11 In paragraph 33 of Schedule 4 to the Modern Slavery Act 2015 (sexual offences to which defence in section 45 does not apply), after the entry for section 8 insert—“section 8A (rape of child under 16)section 8B (assault of child under 16 by penetration)section 8C (causing or inciting child under 16 to engage in sexual activity involving penetration)”.Sentencing Act 2020 (c. 17) 12 (1) The Sentencing Code is amended as follows.(2) In Part 1 of Schedule 14 (extended sentences: the earlier offence condition: offences), in the table in paragraph 9, after the entry for section 8 of the Sexual Offences Act 2003 insert—

“(ga) Section 8A (rape of a child under 16)

(gb) Section 8B (assault of a child under 16 by penetration)

(gc) Section 8C (causing or inciting a child under 16 to engage in sexual activity involving penetration)”.

(3) In Part 1 of Schedule 15 (life sentence for second offence: listed offences), in paragraph 9, after the entry for section 8 of the Sexual Offences Act 2003 insert—

“(ga) section 8A (rape of a child under 16)	The date on which section 8A comes into force
(gb) section 8B (assault of a child under 16 by penetration)	The date on which section 8B comes into force
(gc) section 8C (causing or inciting a child under 16 to engage in sexual activity involving penetration)	The date on which section 8C comes into force”

(4) In Part 2 of Schedule 18 (specified sexual offences for purposes of section 306), in paragraph 38 after paragraph (h) insert—“(ha) section 8A (rape of a child under 16);(hb) section 8B (assault of a child under 16 by penetration);(hc) section 8C (causing or inciting a child under 16 to engage in sexual activity involving penetration);”.(5) In Schedule 19 (specified offences carrying maximum sentence of imprisonment for life), in the table in paragraph 20, after the entry for section 8 of the Sexual Offences Act 2003 insert—

“(fa) Section 8A (rape of a child under 16)

(fb) Section 8B (assault of a child under 16 by penetration)

(fc) Section 8C (causing or inciting a child under 16 to engage in sexual activity involving penetration)”.”

Member's explanatory statement This new Schedule makes minor and consequential amendments in relation to my new clause (Sexual offences against children under 16) inserted after clause 73.