SCHEDULE

Article 2

PART 1Amendment of Public General Acts

The Criminal Procedure (Scotland) Act 1995

1

1

The Criminal Procedure (Scotland) Act 19952 is amended as follows.

2

In section 19A (samples etc. from persons convicted of sexual and violent offences)3

a

in subsection (6), in the definition of “relevant sexual offence”―

i

after paragraph (c) insert―

ca

abduction with intent to commit the statutory offence of rape;

ii

after paragraph (d) insert―

da

assault with intent to commit the statutory offence of rape;

b

after subsection (6) insert—

6A

In subsection (6)—

a

the references to “rape” in paragraphs (c) and (d) of the definition of “relevant sexual offence” are to the offence of rape at common law; and

b

the references in paragraphs (ca) and (da) of that subsection to “the statutory offence of rape” are (as the case may be) to―

i

the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009, or

ii

the offence of rape of a young child under section 18 of that Act.

3

In section 210A (extended sentences for sex and violent offenders)4

a

in subsection (10), in the definition of “sexual offence”―

i

after paragraph (iii) insert―

iiia

abduction with intent to commit the statutory offence of rape;

ii

after paragraph (iv) insert―

iva

assault with intent to commit the statutory offence of rape;

b

for subsection (11) substitute―

11

In subsection (10)―

a

any reference to a “sexual offence” includes―

i

a reference to any attempt, conspiracy or incitement to commit that offence; and

ii

except in the case of an offence under paragraphs (i) to (viii) of the definition of “sexual offence” in that subsection, a reference to aiding and abetting, counselling or procuring the commission of that offence;

b

the references to “rape” in paragraphs (iii) and (iv) of the definition of “sexual offence” are to the offence of rape at common law; and

c

the references to “the statutory offence of rape” in paragraphs (iiia) and (iva) of that definition are (as the case may be) to―

i

the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009, or

ii

the offence of rape of a young child under section 18 of that Act.

4

In section 288C (prohibition of personal conduct of defence in cases of certain sexual offences)5

a

in subsection (2)—

i

after paragraph (d) insert―

da

abduction with intent to commit the statutory offence of rape;

ii

after paragraph (e) insert―

ea

assault with intent to commit the statutory offence of rape;

b

after subsection (8) insert―

9

In subsection (2)―

a

the references to “rape” in paragraphs (d) and (e) are to the offence of rape at common law; and

b

the references to “the statutory offence of rape” in paragraphs (da) and (ea) are (as the case may be) to―

i

the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009, or

ii

the offence of rape of a young child under section 18 of that Act.

The Protection of Children (Scotland) Act 2003

2

1

Schedule 1 (offences against a child) to the Protection of Children (Scotland) Act 20036 is amended as follows.

2

At the end of paragraph 1 insert―

zi

assault with intent to commit an offence under section 18 (rape of a young child) of that Act;

zj

abduction with intent to commit an offence under section 18 (rape of a young child) of that Act

3

At the end of paragraph 2(dk) insert―

dl

commits the offence of assault with intent to commit an offence under section 1 (rape) of that Act in relation to a child;

dm

commits the offence of abduction with intent to commit an offence under section 1 (rape) of that Act in relation to a child;

The Sexual Offences Act 2003

3

In Schedule 3 (sexual offences for the purposes of Part 2) to the Sexual Offences Act 20037

a

after paragraph 38 insert―

38A

Abduction with intent to commit rape under section 1 (rape) of the Sexual Offences (Scotland) Act 2009 (asp 9).

38B

Abduction with intent to commit rape under section 18 (rape of a young child) of that Act.

b

after paragraph 39 insert―

39A

Assault with intent to commit rape under section 1 (rape) of the Sexual Offences (Scotland) Act 2009.

39B

Assault with intent to commit rape under section 18 (rape of a young child) of that Act.

The Sexual Offences (Scotland) Act 2009

4

In the Sexual Offences (Scotland) Act 2009, in the third column of schedule 3 (alternative verdicts)―

a

in the entry for rape, after “Assault at common law” insert―

Assault with intent to commit rape at common law

Assault with intent to commit the offence of rape under section 1 of this Act

Assault with intent to commit the offence of rape of a young child

Abduction with intent to commit rape at common law

Abduction with intent to commit the offence of rape under section 1 of this Act

Abduction with intent to commit the offence of rape of a young child

An offence under section 1 (incest) of the Criminal Law (Consolidation) (Scotland) Act 1995

An offence under section 2 (intercourse with step-child) of that Act

b

in each of the entries for sexual assault by penetration, sexual assault, sexual coercion, rape of a young child, sexual assault on a young child by penetration, sexual assault on a young child and causing a young child to participate in a sexual activity after “Assault at common law” insert―

Assault with intent to commit rape at common law

Assault with intent to commit the offence of rape under section 1 of this Act

Assault with intent to commit the offence of rape of a young child

Abduction with intent to commit rape at common law

Abduction with intent to commit the offence of rape under section 1 of this Act

Abduction with intent to commit the offence of rape of a young child

PART 2Amendment of Scottish statutory instruments

The Victim Notification (Prescribed Offences) (Scotland) Order 2004

5

In the Schedule to the Victim Notification (Prescribed Offences) (Scotland) Order 20048

a

in paragraph 9, after “Rape” insert “at common law”;

b

in paragraph 11, after “rape” insert “(at common law)”;

c

after paragraph 11 insert―

11A

Abduction with intent to commit the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9).

11B

Abduction with intent to commit the offence of rape of a young child under section 18 of that Act.

d

in paragraph 12, after “rape” insert “(at common law)”;

e

after paragraph 12 insert―

12A

Assault with intent to commit the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009.

12B

Assault with intent to commit the offence of rape under section 18 of that Act.

f

after paragraph 22 insert—

22A

An offence under the Sexual Offences (Scotland) Act 2009.

The Victim Statements (Prescribed Offences) (No. 2) (Scotland) Order 2009

6

In the Schedule (offences prescribed for the purposes of section 14(2) of the Criminal Justice (Scotland) Act 2003) to the Victim Statements (Prescribed Offences) (No. 2) (Scotland) Order 20099

a

in paragraph 9, after “Rape” insert “at common law”;

b

in paragraph 11, after “rape” insert “(at common law)”;

c

after paragraph 11, insert―

11A

Abduction with intent to commit the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9).

11B

Abduction with intent to commit the offence of rape of a young child under section 18 of that Act.

d

in paragraph 12, after “rape” insert “(at common law)”;

e

after paragraph 12, insert―

12A

Assault with intent to commit the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009.

12B

Assault with intent to commit the offence of rape of a young child under section 18 of that Act.

f

after paragraph 17, insert—

17A

An offence under the Sexual Offences (Scotland) Act 2009.

The Adoptions with a Foreign Element (Scotland) Regulations 2009

7

In Schedule 1 (specified offences) to the Adoptions with a Foreign Element (Scotland) Regulations 200910

a

in paragraph 1, after “rape” insert “(whether at common law or under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9))”;

b

in paragraph 2—

i

omit “and” where it appears at the end of sub-paragraph (b); and

ii

at the end of sub-paragraph (c) insert—

; and

d

an offence under section 37 of the Sexual Offences (Scotland) Act 2009 (older children engaging in sexual conduct with each other)

c

in paragraph 3—

i

omit “and” where it appears at the end of sub-paragraph (b); and

ii

at the end of sub-paragraph (c) insert—

; and

d

an offence under any of the following provisions of the Sexual Offences (Scotland) Act 2009—

i

section 28 (having intercourse with an older child);

ii

section 29 (engaging in penetrative sexual activity with or towards an older child);

iii

section 30 (engaging in sexual activity with or towards an older child);

iv

section 31 (causing an older child to participate in a sexual activity);

v

section 32 (causing an older child to be present during a sexual activity);

vi

section 33 (causing an older child to look at a sexual image);

vii

section 34 (communicating indecently with an older child etc.);

viii

section 35 (sexual exposure to an older child); and

ix

section 36 (voyeurism towards an older child)