Sexual Offences (Scotland) Act 2009

Part 2Offences replaced by an offence in Part 1 or this Part

15The following common law offences against a person under the age of 16 years—

(a)rape,

(b)clandestine injury to women,

(c)sexual assault,

(d)lewd, indecent or libidinous practice or behaviour,

(e)sodomy.

16Rape under the common law of Northern Ireland of a person under the age of 17.

17Any of the following offences under the Sexual Offences Act 2003, in its application to Northern Ireland—

(a)an offence under section 15,

(b)an offence under section 16, 17, 18, 19, 47, 48, 49, 50, 66 or 67 against a child under the age of 17.

18An offence under article 18, 19, 20 or 21 of the Criminal Justice (Northern Ireland) Order 2003 (SI No. 1247 (N.I. 13)) against a person under the age of 17.

19An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) against a person under the age of 16.

20An offence under section 3, 5, 6 or 13(5)(c) of the Criminal Law (Consolidation) (Scotland) Act 1995.

21An offence under article 123 of the Mental Health (Northern Ireland) Order 1986 (SI No. 595 (N.I. 4)) against a person under the age of 17.

22An offence under article 9 of the Criminal Justice (Northern Ireland) Order 1980 (SI No. 704 (N.I. 6)).

23An offence under section 54 of the Criminal Law Act 1977 (c. 45).

24Any of the following offences under the Sexual Offences (Scotland) Act 1976 (c. 67)—

(a)an offence under section 2A or 2B against a person under the age of 16,

(b)an offence under section 2C, 3, 4, 5 or 10(1).

25An offence under section 21 or 22 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34).

26An offence under section 1 of the Indecency with Children Act 1960 (c. 33).

27An offence under section 2 of the Attempted Rape, etc., Act 1960 (Northern Ireland) (c.3) against a person under the age of 17.

28An offence under section 1, 10, 11, 12, 14, 15 or 16 of the Sexual Offences Act 1956 (c. 69) against a person under the age of 16.

29An offence under section 5, 6 or 28 of that Act.

30An offence under section 1 of the Punishment of Incest Act 1908 (c. 45)—

(a)in its application to England and Wales, against a girl under the age of 16,

(b)in its application to Northern Ireland, against a girl under the age of 17.

31Any of the following offences under the Criminal Law Amendment Act 1885 (48 & 49 Vict.) (c.69)—

(a)an offence under section 2, 3, 5, 7 or 8—

(i)in its application to Scotland or England and Wales, against a girl under the age of 16,

(ii)in its application to Northern Ireland, against a girl under the age of 17,

(b)an offence under section 4 or 6.

32Any of the following offences under the Offences Against the Person Act 1861 (24 & 25 Vict.) (c.100)—

(a)an offence under section 52, 53 or 54—

(i)in its application to England and Wales, against a person under the age of 16,

(ii)in its application to Northern Ireland, against a person under the age of 17,

(b)an offence under section 61 or 62.

33An attempt, conspiracy or incitement to commit an offence in Part 2 of this schedule.

34An offence under section 293(2) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (aiding and abetting etc. the commission of a statutory offence) relating to any of the following offences—

(a)an offence against a person under the age of 16 under section 3 of the Sexual Offences (Amendment) Act 2000 in its application to Scotland (see paragraph 19),

(b)an offence in paragraph 20 or 24,

(c)an offence against a girl under the age of 16 under section 2, 3, 5, 7 or 8 of the Criminal Law Amendment Act 1885 in its application to Scotland.