SCHEDULE 3E+W

Regulation 23(3)

PART 1E+WOFFENCES SPECIFIED FOR THE PURPOSES OF [F1REGULATION 25(3)(b)]

Offences in England and WalesE+W

1.  Any of the following offences against an adult—

(a)an offence of rape under section 1 of the Sexual Offences Act 2003 M1;

(b)an offence of assault by penetration under section 2 of that Act;

(c)an offence of causing a person to engage in sexual activity without consent under section 4 of that Act, if the activity fell within subsection (4) of that section;

(d)an offence of sexual activity with a person with a mental disorder impeding choice under section 30 of that Act, if the touching fell within subsection (3) of that section;

(e)an offence of causing or inciting a person with mental disorder impeding choice to engage in sexual activity under section 31of that Act, if the activity caused or incited fell within subsection (3) of that section;

(f)an offence of inducement, threat or deception to procure sexual activity with a person with a mental disorder under section 34 of that Act, if the touching involved fell within subsection (2) of that section; and

(g)an offence of causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception under section 35 of that Act, if the activity fell within subsection (2) of that section.

[F21A.  Any of the following offences—E+W

(a)an offence of virginity testing under section 136 of the Health and Care Act 2022,

(b)an offence of offering to carry out virginity testing under section 137 of that Act,

(c)an offence of aiding or abetting etc a person to carry out virginity testing under section 138 of that Act,

(d)an offence of carrying out hymenoplasty under section 148 of that Act,

(e)an offence of offering to carry out hymenoplasty under section 149 of that Act, and

(f)an offence of aiding or abetting etc a person to carry out hymenoplasty under section 150 of that Act.]

Offences in ScotlandE+W

[F32.  An offence under section 1 (rape) and section 18 (rape of a young child) of the Sexual Offences (Scotland) Act 2009.]

[F33.  An offence specified in Schedule 1 to the Criminal Procedure (Scotland) Act 1995 except, in a case where the offender was under the age of 20 at the time the offence was committed.]E+W

4.  An offence of plagium (theft of a child below the age of puberty).E+W

5.  Section 52 or 52A of the Civil Government (Scotland) Act 1982 (indecent photographs of children) M2.E+W

6.  An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of trust) M3.E+W

[F46A.  Any of the following offences—E+W

(a)an offence of virginity testing under section 140 of the Health and Care Act 2022,

(b)an offence of offering to carry out virginity testing under section 141 of that Act,

(c)an offence of aiding or abetting etc a person to carry out virginity testing under section 142 of that Act,

(d)an offence of carrying out hymenoplasty under section 152 of that Act,

(e)an offence of offering to carry out hymenoplasty under section 153 of that Act, and

(f)an offence of aiding or abetting etc a person to carry out hymenoplasty under section 154 of that Act.]

Offences in Northern IrelandE+W

[F57.  An offence under Article 5 (rape) and Article 12 (rape of a child under 13) of the Sexual Offences (Northern Ireland) Order 2008.]

[F58.  An offence specified in Schedule 1 to the Children and Young Persons Act (Northern Ireland) 1968, except in the case where the offender was under the age of 20 at the time the offence was committed.]E+W

9.  An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs) M4.E+W

F610.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

11.  An offence contrary to Article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (possession of indecent photographs of children) M5.E+W

[F711A.  Any of the following offences—E+W

(a)an offence of virginity testing under section 144 of the Health and Care Act 2022,

(b)an offence of offering to carry out virginity testing under section 145 of that Act,

(c)an offence of aiding or abetting etc a person to carry out virginity testing under section 146 of that Act,

(d)an offence of carrying out hymenoplasty under section 156 of that Act,

(e)an offence of offering to carry out hymenoplasty under section 157 of that Act, and

(f)an offence of aiding or abetting etc a person to carry out hymenoplasty under section 158 of that Act.]