SCHEDULES
SCHEDULE 1 Sexual offences to which Part I applies
Offences in Scotland
2
1
This Part of this Act applies to the following sexual offences under the law of Scotland, namely—
a
the following offences—
i
rape;
ii
clandestine injury to women;
iii
abduction of a woman or girl with intent to rape;
iv
assault with intent to rape or ravish;
v
indecent assault;
vi
lewd, indecent or libidinous behaviour or practices;
vii
shameless indecency; and
viii
sodomy;
b
c
offences under—
i
section 52 of the M3Civic Government (Scotland) Act 1982 (taking and distribution of indecent images of children); and
ii
section 52A of that Act (possession of indecent images of children);
d
offences under the following provisions of the M4Criminal Law (Consolidation) (Scotland) Act 1995—
i
section 1 (incest);
ii
section 2 (intercourse with a step-child);
iii
section 3 (intercourse with child under 16 by person in position of trust);
iv
section 5 (unlawful intercourse with girl under 16);
v
section 6 (indecent behaviour towards girl between 12 and 16);
vi
section 8 (abduction of girl under 18 for purposes of unlawful intercourse);
vii
section 10 (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16); and
viii
subsection (5) of section 13 (homosexual offences).
F1e
an offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust).
2
In sub-paragraph (1) above—
a
subject to sub-paragraph (3) below, paragraphs (a)(iii) to (v) and (vii) and (d)(i) and (ii) do not apply where every person involved in the offence other than the offender was 18 or over;
b
paragraphs (a)(viii) and (d)(viii) above do not apply where every person involved in the offence, other than the offender, was 18 or over and was a willing participant;
c
paragraph (b) does not apply where the prohibited goods did not include indecent photographs of persons who were under the age of 16;
d
paragraph (a)(viii) does not apply where the offender was under 20 and every other person involved in the offence was a willing participant;
e
paragraph (d)(iv) does not apply in the case of an offence in contravention of subsection (3) of section 5 (unlawful sexual intercourse with a girl over 13 but under 16) where the offender was under 20; F3. . .
f
paragraph (d)(viii) does not apply where the offender was under 20 and—
i
where the offence involved an act of sodomy contrary to subsection (5) of section 13, every other person involved in the offence was a willing participant; or
ii
the offence involved an act of gross indecency or shameless indecency contrary to the said subsection (5).
F2g
paragraph (e) does not apply where the offender was under 20.
3
Sub-paragraph (2)(a) above does not prevent the application of sub-paragraph (1)(a)(iii) to (v) above in any case where, in respect of the offence or finding, the offender—
a
is or has been sentenced to imprisonment for a term of 30 months or more; or
b
is or has been admitted to a hospital subject to a restriction order.
4
For the purposes of sub-paragraph (2)(c) above—
a
subsections (2) to (2C) and (8) of section 52 of the M5Civic Government (Scotland) Act 1982 shall apply as they apply for the purposes of that section; and
b
a person shall be taken to have been under the age of 16 at any time if it appears from the evidence as a whole that he was under that age at that time.