SCHEDULES

SCHEDULE 1 Offences Against Children Under the Age of 17 Years to which Special Provisions Apply

1

Any offence under Part I of the M1Criminal Law (Consolidation) (Scotland) Act 1995.

F31A

Any offence under section 18 (rape of a young child) or 28 (having intercourse with an older child) of the Sexual Offences (Scotland) Act 2009 (asp 9).

1B

Any offence under section 19 (sexual assault on a young child by penetration) or 29 (engaging in penetrative sexual activity with or towards an older child) of that Act.

1C

Any offence under section 20 (sexual assault on a young child) or 30 (engaging in sexual activity with or towards an older child) of that Act.

1D

Any offence under section 42 of that Act (sexual abuse of trust) towards a child under the age of 17 years but only if the condition set out in section 43(6) of that Act is fulfilled.

2

Any offence under section 12, 15, 22 or 33 of the M2Children and Young Persons (Scotland) Act 1937.

F12A

Any offence under the Prohibition of Female Genital Mutilation (Scotland) Act 2005 where the person mutilated or, as the case may be, proposed to be mutilated, is a child under the age of 17 years.

F22B

Any offence under section 52 or 52A of the Civic Government (Scotland) Act 1982 in relation to an indecent photograph F5or pseudo-photograph of a child under the age of 17 years.

2C

Any offence under section 1, 9, 10, 11 or 12 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 in respect of a child under the age of 17 years.

3

Any other offence involving bodily injury to a child under the age of 17 years.

4

Any offence involving the use of lewd, indecent or libidinous practice or behaviour towards a child under the age of 17 years.

F44A

Any offence under section 5 (coercing a person into being present during a sexual activity), 6 (coercing a person into looking at a sexual image), 7 (communicating indecently etc.), 8 (sexual exposure) or 9 (voyeurism) of the Sexual Offences (Scotland) Act 2009 (asp 9) towards a child under the age of 17 years.

4B

Any offence under any of sections 21 to 26 or 31 to 37 of that Act (certain sexual offences relating to children).