SCHEDULE
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)