1 Overview

(1)      The Act defines the offences and Schedule 1 defines the sentences applicable to each offence defined in the Act.

(2)      Schedules 2 to 8 of this Act contain supplementary provisions¹.

(3)      No person shall be found guilty of an offence under this Act unless it is proved that the act was unavoidable and performed without premeditated malice and with reasonable force to save himself or another from danger.

(4)      If a person acts without due care and attention, they can be prosecuted for an offence in this Act.

2 Killing a person

(1)      Except as defined in Schedule 2, section 2, a person who, with intent to destroy the life of a child capable of being born alive, by any wilful act causes a child to die before it has an existence independent of its mother, is guilty of an offence².

(2)      Unless the Abortion Act 1967 applies, a person who causes an abortion is guilty of an offence³.

(3)      A person who causes the manslaughter of any person is guilty of an offence⁴.

(4)      A person (A) commits an offence of manslaughter if A acts in pursuance of a suicide pact between A and another person (B) to kill B or be a party to B being killed by a third person (C).  Where it is shown that A killed B or was a party to B being killed, it shall be for the defence to prove that the person charged was acting in pursuance of suicide pact between A and B⁵.

(5)      Except as defined in Schedule 2, section 1, a person who murders any person is guilty of an offence⁶.

(7)      For homicide committed in doing justice, with a proper and lawful intention, there is no offence⁷.

3 Endangering life or inflicting serious injury

(1)      A person who maliciously by any means whatsoever attempts to cause serious injury to any person, whether any bodily injury be effected or not, is guilty of an offence⁸.

(2)     A person who, by reckless or careless activity, or other wilful or malicious misconduct⁹,  causes any serious injury to any person is guilty of an offence¹⁰.

(3)      A person who maliciously prevents or impedes any person from endeavouring to save their own or another person’s life in a life threatening situation is guilty of an offence¹¹.

(4)      A person who, by any unlawful act or by any wilful omission or neglect,¹²

• endangers the safety of any person or
• causes any serious injury to any person.

is guilty of an offence.

(5)      A person who maliciously

• sets or places, or cause to be set or placed, any explosive device, spring gun, man trap, or other engine or
• sets or places, or cause to be set or placed, any obstruction or
• takes up, removes, or displaces any object, or
• turns, moves, or diverts any controls, or
• makes or shows, hides or removes, any signal or light, or
• being legally liable to provide for any person or child necessary food, clothing, or lodging, refuses or neglects to provide sufficient of the same, so that the life of such person or child shall be endangered, or the health of such dependent shall have been or shall be likely to be permanently injured,
• or cause to be done any other matter or thing¹³,

with intent to endanger the safety of any person, whether any serious injury be effected or not is guilty of an offence¹⁴¹⁵.

(6)      A person who, by any unlawful act, or by any wilful omission or neglect,

• endangers the safety of any person or
• causes to be endangered the safety of any person or
• causes to be done any serious injury to any person,

shall be guilty of an offence¹⁶.

(7)      Nothing¹⁷ in this section shall make it unlawful to set or place, or cause to be set or placed, provided that due care is taken to the safety of people¹⁸:

• any gin¹⁹ or trap such as may have been or may be usually set or placed with the intent of destroying vermin
• from sunset to sunrise, any spring gun, man trap, or other engine in a dwelling house, for the protection thereof.

Torture²⁰

(8)              A public official or person acting in an official capacity, whatever his nationality, is guilty of the offence of torture if in the United Kingdom or elsewhere he tortures another in the performance or purported performance of his official duties.

(9)              A person not falling within subsection (8) above commits the offence of torture, whatever his nationality, if—

(10)          It is immaterial whether the pain or suffering is physical or mental and whether it is caused by an act or an omission.

(11)          It shall be a defence for a person charged with an offence under this section in respect of any conduct of his to prove that the person had lawful authority, justification or excuse for that conduct.

(12)          For the purposes of this section “lawful authority, justification or excuse” means—

(a) in relation to pain or suffering inflicted in the United Kingdom, lawful authority, justification or excuse under the law of the part of the United Kingdom where it was inflicted;

(b) in relation to pain or suffering inflicted outside the United Kingdom—

(i) if it was inflicted by a United Kingdom official acting under the law of the United Kingdom or by a person acting in an official capacity under that law, lawful authority, justification or excuse under that law;

(ii) if it was inflicted by a United Kingdom official acting under the law of any part of the United Kingdom or by a person acting in an official capacity under such law, lawful authority, justification or excuse under the law of the part of the United Kingdom under whose law he was acting; and

(iii) in any other case, lawful authority, justification or excuse under the law of the place where it was inflicted.

Female Genital Mutilation²¹

(13)          A person is guilty of an offence if that person excises, infibulates or otherwise mutilates the whole or any part of a girl’s labia majora, labia minora or clitoris.

(14)          But no offence is committed by—

(a)         an approved person¹ who performs a surgical operation on a girl which is necessary for her physical or mental health, or

(b)        an approved person² who performs a surgical operation on a girl who is in any stage of labour, or has just given birth, for purposes connected with the labour or birth.

(15)          There is also no offence committed by a person who—

(a)         performs a surgical operation falling within subsection (14) outside the United Kingdom, and

(b)        in relation to such an operation exercises functions corresponding to those of an approved person.

(16)          For the purpose of determining whether an operation is necessary for the mental health of a girl it is immaterial whether she or any other person believes that the operation is required as a matter of custom or ritual.

(17)          A person is guilty of an offence if that person aids, abets, counsels or procures a girl to excise, infibulate or otherwise mutilate the whole or any part of her own labia majora, labia minora or clitoris.

(18)          A person is guilty of an offence if that person aids, abets, counsels or procures a person who is not a United Kingdom national or United Kingdom resident to do a relevant act of female genital mutilation outside the United Kingdom.

(19)          An act is a relevant act of female genital mutilation if—

(a)         it is done in relation to a United Kingdom national or United Kingdom resident, and

(b)        it would, if done by such a person, constitute an offence under subsection 13.

(20)          But no offence is committed if the relevant act of female genital mutilation—

(a)          is a surgical operation falling within subsection 14(a) or (b), and

(b)          is performed by a person who, in relation to such an operation, is an approved person or exercises functions corresponding to those of an approved person.

(21)          If a genital mutilation offence is committed against a girl under the age of 16, each person who is responsible for the girl at the time when the offence takes place is guilty of an offence.  This is subject to subsection (11).

(22)          It is a defence for the defendant to show that—

(a)          at the time when the offence takes place, the defendant did not think that there was a significant risk of a genital mutilation offence being committed against the girl, and could not reasonably have been expected to be aware that there was any such risk, or

(b)          the defendant took such steps as he or she could reasonably have been expected to take to protect the girl from being the victim of a genital mutilation offence.

(23)          A person is taken to have shown the fact mentioned in subsection (22)(a) or (b) if—

(a)          sufficient evidence of the fact is adduced to raise an issue with respect to it, and

(b)          the contrary is not proved beyond reasonable doubt.

(25)          In subsections 11to 24—

“genital mutilation offence” means an offence under subsections 13 to 15 (and for the purposes of subsection (13) the prosecution does not have to prove which section it is);

(26)          Extension of subsections 13, 14 and 15 to extra-territorial acts or omissions

(a)          Subsections 13, 14 and 15 extends to any act done outside the United Kingdom by a United Kingdom national or United Kingdom resident.

(b)          An offence under subsection 21 can be committed wholly or partly outside the United Kingdom by a person who is a United Kingdom national or a United Kingdom resident.

(c)          If an offence under Subsections 13 to 21 is committed outside the United Kingdom—

i                     proceedings may be taken, and

ii                   the offence may for incidental purposes be treated as having been committed, in any place in England and Wales or Northern Ireland.

4 Sexual Offences

(1)      See Schedule 6 for provisions related to the offences in this section and Schedule 8 for provisions about offences in this section occurring outside of the United Kingdom.

(2)      A person is guilty of an offence he rapes another person²².

(3)      A person who assaults by penetration is guilty of an offence²³.

(4)      A person aged 16 or over (A) is guilty of an offence²⁴ if—

(a)         he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else, or penetrates B’s mouth with his penis,

(b)        the penetration is sexual,

(c)         B is aged 18 or over,

(d)        A is related to B as parent, grandparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece, and

(e)         A knows or could reasonably be expected to know that A is related to B in that way.  Where in proceedings for an offence under this section it is proved that A was related to B in that way, it is to be taken that A knew or could reasonably have been expected to know that A was related in that way unless sufficient evidence is adduced to raise an issue as to whether A knew or could reasonably have been expected to know that he was,

(f)     except if A is related to B as B’s child by virtue of A being an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002, A does not commit an offence under this section unless A is 18 or over.

(5)      A person aged 16 or over (A) is guilty of an offence²⁵ if—

(a)         another person (B) penetrates A’s vagina or anus with a part of B’s body or anything else, or penetrates A’s mouth with B’s penis,

(b)        A gives lawful consent to the penetration (see subsections (3) and (4) if consent is not given),

(c)         the penetration is sexual,

(d)        B is aged 18 or over,

(e)         A is related to B as parent, grandparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece, and

(f)         A knows or could reasonably be expected to know that A is related to B in that way. Where in proceedings for an offence under this section it is proved that A was related to B in that way, it is to be taken that A knew or could reasonably have been expected to know that A was related in that way unless sufficient evidence is adduced to raise an issue as to whether A knew or could reasonably have been expected to know that he was,

(g)        except if A is related to B as B’s child by virtue of A being an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002, A does not commit an offence under this section unless A is 18 or over.

(6)      A person (person A) is guilty of an offence if-

(a)            he intentionally touches another person (B),

(b)            the touching is sexual,

(c)              and B does not  give lawful consent to the touching, and A does not reasonably believe that B gave lawful consent.   Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B gave lawful consent²⁶.

(7)      A person (person A) is guilty of an offence if—

(a)   he intentionally touches another person (B),

(b)  the touching is sexual, and

(c)   either—

i          B is under 16 and A does not reasonably believe that B is 16 or over,

ii        or B is under 18, and A does not reasonably believe that B is 18 or over, and either

a.       A intentionally obtains for himself the sexual services of (B ²⁷), and before obtaining those services, A has made or promised payment for those services to B or a third person, or knows that another person has made or promised such a payment,

b.       or A is in a position of trust²⁸ and the conditions defined in Schedule 3, section 3 are satisfied,

c.       Or A has a family relationship²⁹ with B and A knows or could reasonably be expected to know that A has a family relationship to B, unless the exclusions in Schedule 3, section 3 apply.

iii      B has a mental disorder, and either

a.       A knows or could reasonably be expected to know that B has a mental disorder and A is involved in B’s care in a way that falls within Schedule 4,³⁰

b.       B is unable to refuse³¹ because of or for a reason related to a mental disorder and A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse³².

(8)      A person who intentionally engages in an activity that is sexual is guilty of an offence if that person is in a lavatory³³ to which the public or a section of the public has or is permitted to have access, whether on payment or otherwise³⁴.

(9)      A person who intentionally penetrates the vagina or anus of a living animal with his penis is guilty of an offence if that person knows that, or is reckless as to whether, that is what is penetrated³⁵.

(10)  A person who intentionally causes or allow their vagina or anus to be penetrated by the penis of a living animal is guilty of an offence if the person knows that, or is reckless as to whether, that is what the person is being penetrated by³⁶.

(11)   A person who intentionally penetrates a part of the body of a dead person with a part of their body or anything else is guilty of an offence if

(a)         the person knows that, or is reckless as to whether, that is what is penetrated, and

(b)        the penetration is sexual³⁷.

(12)  A person (A) who intentionally engages in an activity that is sexual and for the purpose of obtaining sexual gratification is guilty of an offence if A

(a)   engages in it for the purpose of obtaining sexual gratification when another person (B) is present or is in a place from which A can be observed, and

(b)   knowing or believing that B is aware, or intending that B should be aware, that A is engaging in it, and

(c)   either³⁸ —

i          Or B is under 16 and A does not reasonably believe that B is 16 or over,

ii        or A is in a position of trust and

a.       B is under 18 and A does not reasonably believe that B is 18 or over³⁹,

b.       and the conditions defined in Schedule 3, section 3 are satisfied,

iii      B has a mental disorder, and either

a.       A knows or could reasonably be expected to know that B has a mental disorder and A is involved in B’s care in a way that falls within Schedule 4⁴⁰

b.       Or B is unable to refuse because of or for a reason related to a mental disorder and A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse⁴¹.

c.       Or A obtains B’s agreement by means of an inducement⁴² offered or given, a threat made or a deception practised by A for that purpose⁴³.

(13)  A person⁴⁴ (A) who, for the purpose of obtaining sexual gratification, intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity that is sexual is guilty of an offence if either⁴⁵

(a)                      B is under 16 and A does not reasonably believe that B is 16 or over,

(b)                     or A is in a position of trust and

a.       B is under 18 and A does not reasonably believe that B is 18 or over⁴⁶,  and

b.       the conditions defined in Schedule 3, section 3 are satisfied,

(c)                      B has a mental disorder, and

a.       A knows or could reasonably be expected to know that B has a mental disorder,

b.       and A is involved in B’s care in a way that falls within Schedule 4⁴⁷.

(14)  A person⁴⁸ (A) is guilty of an offence if—

(a)   he intentionally causes another person (B) to engage in an activity⁴⁹,

(b)  the activity is sexual,

(c)   and either

i           B does not  give lawful consent to engaging in the activity, and A does not reasonably believe that B gave lawful consent; whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B  gave lawful consent.

ii          Or B is under 18 and A does not reasonably believe that B is 18 or over and either

a           A is in a position of trust and the conditions defined in Schedule 3, section 3 are satisfied,

b         Or A knows or could reasonably be expected to know that A has a family relationship to B and A knows or could reasonably be expected to know that A has a family relationship to B, unless the exclusions in Schedule 3, section 3 apply.

(15)  Provided subsection (16) does not apply, a person is guilty of an offence⁵⁰ if—

(a)         that person intentionally arranges or facilitates something that the person intends to do, intends another person to do, or believes that another person will do, in any part of the world, and

(b)        doing it will involve the commission of an offence under this section.

(16)  A person is not guilty of an offence under subsection (15) if—

(a)         that person arranges or facilitates something that he believes another person will do, but that he does not intend to do or intend another person to do⁵¹, and

(b)        any offence within subsection (15)(b) would be an offence against a child for whose protection that person acts⁵².  A person acts for the protection of a child if he acts for the purpose of—

i              protecting the child from sexually transmitted infection,

ii              protecting the physical safety of the child,

iii              preventing the child from becoming pregnant, or

iv            promoting the child’s emotional well-being by the giving of advice, and not⁵³ for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence within subsection (10)(b) or the child’s participation in it.

(17)  A person aged 18 or over (A) is guilty of an offence⁵⁴ if—

(a)         for the purpose of obtaining sexual gratification, A intentionally communicates with another person (B),

(b)        the communication is sexual (as defined in Schedule 5) or is intended to encourage B to make (whether to A or to another) a communication that is sexual, and

(c)         B is under 16 and A does not reasonably believe that B is 16 or over.

(18)  A person aged 18 or over (A) is guilty of an offence⁵⁵ if—

(a) A has met or communicated with another person (B) (as defined in Schedule 5) and subsequently—

i    A intentionally meets B,

ii   A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or

iii B travels with the intention of meeting A in any part of the world,

(b)    A intends to do anything to or in respect of B⁵⁶, during or after the meeting mentioned in paragraph (a) and in any part of the world, which if done will involve the commission by A of a relevant offence⁵⁷,

(c)         B is under 16, and

(d)        A does not reasonably believe that B is 16 or over.

(19)  A person is guilty of an offence⁵⁸ if—

(a)         he intentionally exposes his genitals, and

(b)        he intends that someone will see them and be caused alarm or distress.

(20)  A person is guilty of an offence⁵⁹ if—

(a)         for the purpose of obtaining sexual gratification, that person view¹s or arranges for a third person to view¹ another person doing a private act, and

(b)        he knows that the other person does not consent to being observed for his sexual gratification.

(21)  A person is guilty of an offence⁶⁰ if that person installs equipment, or constructs or adapts a structure¹ or part of a structure¹, with the intention of enabling himself or another person to commit an offence under subsection (20).

(22)  A person (A) is guilty of an offence⁶¹ if—

(a)         A operates equipment, including enabling or securing the equipment’s activation by another person without that person’s knowledge⁶², beneath the clothing of another person (B),

(b)        A does so with the intention of enabling A or another person (C), for a purpose mentioned in subsection (24), to observe—

(i)  B’s genitals or buttocks (whether exposed or covered with underwear), or

(ii)  the underwear covering B’s genitals or buttocks, in circumstances where the genitals, buttocks or underwear would not otherwise be visible, and

 (c)    A does so—

(i)    without B’s consent, and

(ii)  without reasonably believing that B consents.

(23)  A person (A) is guilty of an offence⁶³ if—

(a) A records an image beneath the clothing of another person (B),

(b)          the image is of—

(i)  B’s genitals or buttocks (whether exposed or covered with underwear), or

(ii)  the underwear covering B’s genitals or buttocks, in circumstances where the genitals, buttocks or underwear would not otherwise be visible,

(c)         A does so with the intention that A or another person (C) will look at the image for a purpose mentioned in subsection (24), and

(d)        A does so—

(i)    without B’s consent, and

(ii)  without reasonably believing that B consents.

(24)  The purposes referred to in subsections (22) and (23) are—

(a)           obtaining sexual gratification (whether for A or C);

(b)          humiliating, alarming or distressing B.

(25)  A person is guilty of an offence⁶⁴ if—

(a)         he intentionally causes or incites another person to become a prostitute in any part of the world, and

(b)        he does so for or in the expectation of gain for himself or a third person.

(26)  A person is guilty of an offence⁶⁵ if—

(a)         he intentionally controls any of the activities of another person relating to that person’s prostitution in any part of the world, and

(b)        he does so for or in the expectation of gain for himself or a third person.

(27)  A person (A) is guilty of an offence⁶⁶ if—

(a)         A makes or promises payment for the sexual services of a  prostitute (B),

(b)        a third person (C) has engaged in exploitative conduct of a kind likely to induce or encourage B to provide the sexual services for which A has made or promised payment, and

(c)         C engaged in that conduct for or in the expectation of gain for C or another person (apart from A or B).

(28)  For subsection 27, the following are irrelevant—

(a)         where in the world the sexual services are to be provided and whether those services are provided,

(b)        whether A⁶⁷ is, or ought to be, aware that C has engaged in exploitative conduct.

(29)  A person is guilty of an offence⁶⁸ if either-

(a)         that person commits any offence with the intention of committing a sexual offence defined in section 4 (including an offence of aiding, abetting, counselling or procuring such an offence),

(b)        or that person is a trespasser on any premises, and

i.            that person intends to commit a relevant sexual offence on the premises, and

ii.            that person knows that, or is reckless as to whether, he is a trespasser.

5 Make incapable of resistance in order to commit an offence⁶⁹

(1)           A person (person A) who, by any means whatsoever, attempts to render any other person insensible, unconscious, or incapable of resistance, with intent in any of such cases thereby to enable himself or any other person to commit, or with intent in any of such cases thereby to assist any other person in committing, any indictable offence is guilty of an offence.

6 Common assault and battery

(1)      Common assault and battery shall be summary offences⁷⁰.

(1) Subsection (1) is subject to section 1 of the Assaults on Emergency Workers (Offences) Act 2018 (which makes provision for increased sentencing powers for offences of common assault and battery committed against an emergency worker acting in the exercise of functions as such a worker).

7 Resistance or obstruction⁷¹

(1)      A person who unlawfully forces, obstructs or prevents or endeavours to obstruct or prevent any person, with intent to deter or hinder that person from their normal activities is guilty of an offence.

8 Threats

(1)      A person (A) who maliciously and unlawfully threatens to kill a person (B) or a third person, intending that person (B) would fear the threat would be carried out is guilty of an offence⁷².

(2)      A person (A) who unlawfully threatens the use of violence or force to obstruct or prevent any person with intent to deter or hinder that person from their normal activities is guilty of an offence⁷³.

(3)      A person who—

(a)        unlawfully and intentionally threatens another person with an article or substance, and

(b)        does so in such a way that there is an immediate risk of serious injury to that other person.

(4)      A person is guilty of an offence [dy80] if he—

(c)        unlawfully and intentionally threatens to burn, maim, disfigure, disable, asphyxiate, wound or cause any serious injury to another person, and

(d)        does so in such a way that there is an immediate risk of serious injury to that other person

is guilty of an offence⁷⁴.

9 Abuse

(1)                A person is guilty of an offence if he is abusive to any person⁷⁵.

10 Torment⁷⁶

Harassment⁷⁷

(1)         A person is guilty of an offence if he pursues a course of conduct in breach of section 1(1) or (1A) of the Protection from Harassment Act, 1997.

Stalking⁷⁸

(2)         A person is guilty of an offence if—

(a) the person pursues a course of conduct in breach of section (10) subsection (1), and

(b) the course of conduct amounts to stalking.

(3)      This section is without prejudice to the generality of section 10.

Hate

(4) TBD

11 Concealing the death of a person⁷⁹

(1)      A person is guilty of an offence if he endeavours to conceal the death of a person, including the death of a stillborn child.

12 Abduction, kidnap or wrongful imprisonment

Child Abduction

(1)      A person connected with a child under the age of sixteen is guilty of an offence if that person takes or sends the child out of the United Kingdom without the appropriate consent, unless

(a)      that person is a person named in a child arrangement’s order as a person with whom the child is to live and he takes or sends the child out of the United Kingdom for a period of less than one month; or

(b)      that person is a special guardian of the child and he takes or sends the child out of the United Kingdom for a period of less than three months; or

(c)      that person does it in the belief that the other person—

i.            has consented; or

ii.            would consent if he was aware of all the relevant circumstances; or

(d)      that person has taken all reasonable steps to communicate with the other person but has been unable to communicate with him; or

(e)      the other person has unreasonably refused to consent.

(2)      Subsection (1)(e) above does not apply if—

(a)  the person who refused to consent is a person—

i.         named in a child arrangements order as a person with whom the child is to live;

ii.        who is a special guardian of the child; or

iii.       who has custody of the child; or

(b) the person taking or sending the child out of the United Kingdom is, by so acting, in breach of an order made by a court in the United Kingdom.

(3)      Subsection (1)(a) and (1)b) above do not apply if the person taking or sending the child out of the United Kingdom does so in breach of an order under Part II of the Children Act 1989.

(4)      Where, in proceedings for an offence under this section, there is sufficient evidence to raise an issue as to the application of subsections (1) (a), (1)(b) or (1)(c) above, it shall be for the prosecution to prove that that subsection does not apply.

(5)      For the purposes of this section—

(a)  “guardian of a child”, “special guardian”, “child arrangements order” have the same meaning as in the Children Act 1989; and

(b) a person shall be treated as having custody of a child if there is in force an order of a court in the United Kingdom awarding him (whether solely or jointly with another person) custody, legal custody or care and control of the child.

(c)  a person shall be regarded as taking a child if he causes or induces the child to accompany him or any other person or causes the child to be taken;

(d) a person shall be regarded as sending a child if he causes the child to be sent;

(e)  a person shall be regarded as detaining a child if he causes the child to be detained or induces the child to remain with him or any other person and

(f)  references to a child’s parents and to a child whose parents were (or were not) married to, or civil partners of, each other at the time of his birth shall be construed in accordance with section 1 of the Family Law Reform Act 1987 (which extends their meaning).

(6)      This section shall have effect subject to the provisions of Schedule 6 to this Act in relation to a child who is in the care of a local authority detained in a place of safety, remanded otherwise than on bail or the subject of proceedings or an order relating to adoption.

Kidnap

See Simplification of Criminal Law:  Kidnapping and Related Offences, Law Commission 2014.

Wrongful imprisonment

See Simplification of Criminal Law:  Kidnapping and Related Offences, Law Commission 2014.

13 Slavery, servitude and forced or compulsory labour⁸⁰

(1)  A person is guilty of an offence if—

(a)         the person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other person is held in slavery or servitude, or

(b)        the person requires another person to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the other person is being required to perform forced or compulsory labour.

(2)  In subsection (1) the references to holding a person in slavery or servitude or requiring a person to perform forced or compulsory labour are to be construed in accordance with Article 4 of the Human Rights Convention.

(3)  In determining whether a person is being held in slavery or servitude or required to perform forced or compulsory labour, regard may be had to all the circumstances.

(4)  For example, regard may be had—

(a)         to any of the person’s personal circumstances (such as the person being a child, the person’s family relationships, and any mental or physical illness) which may make the person more vulnerable than other persons;

(b)        to any work or services provided by the person, including work or services provided in circumstances which constitute exploitation within section 3(3) to (6) of the Modern Slavery Act 2015.

(5)  The consent of a person (whether an adult or a child) to any of the acts alleged to constitute holding the person in slavery or servitude, or requiring the person to perform forced or compulsory labour, does not preclude a determination that the person is being held in slavery or servitude, or required to perform forced or compulsory labour.

14 Bigamy⁸¹

(1)     A person is guilty of an offence if he, being married, marries any other person during the life of the former husband or wife.

(2)    Provided, that nothing in this section contained shall extend to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of His Majesty, or to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past⁸², and shall not have been known by such person to be living within that time, or shall extend to any person who, at the time of such second marriage, shall have been divorced from the bond of the first marriage, or to any person whose former marriage shall have been declared void by the sentence of any court of competent jurisdiction.

15 Making or having substance, tools, &c., with intent to commit an offence⁸³

(1)           A person is guilty of an offence if he knowingly has in his possession, or supplies or makes or manufactures, any drugs, explosive substance, or any dangerous or noxious thing, or any machine, engine, instrument, documents, software⁸⁴, or thing, with intent by means thereof to commit, or for the purpose of enabling any other person to commit, any of the offences mentioned in this Act.

16 Causing⁸⁵, arranging or facilitating commission of an offence⁸⁶

(1)               A person is guilty of an offence if—

(a)         that person intentionally causes, attempts, aids, abets, arranges, counsels, procures the commission or facilitates⁸⁷ something that he intends to do, intends another person to do, or believes that another person will do, or solicits, encourages, forces, persuades, conspires, incites, endeavours to persuade, procures the commission or shall propose to any person, to commit any offence⁸⁸ in this Act in any part of the world, and

(b)        doing it will involve the commission or support of an offence under a section of this Act.

17 Civil remedy

(1)   An actual or apprehended offence under this Act may be the subject of a claim in civil proceedings by the person who is or may be the victim of the offence in question.

(2)  On such a claim, damages may be awarded for (among other things) any anxiety caused by the offence and any financial loss resulting from the harassment⁸⁹.

18 General interpretation

(1) The following apply for the purposes of this Act.

a)       Penetration is a continuing act from entry to withdrawal.

b)      References to a part of the body include references to a part surgically constructed (in particular, through gender reassignment surgery).

c)       References to observation (however expressed) are to observation whether direct or by looking at an image.

d)      Touching includes touching—

a.       with any part of the body,

b.       with anything else,

c.       through anything, and in particular includes touching amounting to penetration.

e)       “Vagina” includes vulva.

f)       In relation to an animal, references to the vagina or anus include references to any similar part.

19 Short title, commencement and extent

(1)  This Act may be cited as the Offences Against the Person Act 2024.

(2)  This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.

SCHEDULE 1

Sentences applicable to offences defined in the Offences Against the Person Act 2020

Enactment creating offence	Sentence
Offences Against the Person Act 2020 (c. xx), offence under section 2 (Killing a person)
(1)      Murder	Imprisonment for life.  However, A person convicted of an offence who appears to the court to have been under the age of eighteen years at the time the offence was committed shall not, if he is convicted of murder, be sentenced to imprisonment for life, nor shall sentence of death be pronounced on or recorded against any such person; but in lieu thereof the court shall (not- withstanding anything in this or in any other Act) sentence him to be detained during Her Majesty’s pleasure, and if so sentenced he shall be liable to be detained in such place and under such conditions as the Secretary of State may direct.90
(2)    Abortion	Imprisonment for life.  However, A person convicted of an offence who appears to the court to have been under the age of eighteen years at the time the offence was committed shall not, if he is convicted of murder, be sentenced to imprisonment for life, nor shall sentence of death be pronounced on or recorded against any such person; but in lieu thereof the court shall (not- withstanding anything in this or in any other Act) sentence him to be detained during Her Majesty’s pleasure, and if so sentenced he shall be liable to be detained in such place and under such conditions as the Secretary of State may direct.91
(3)    Destroy unborn child	Imprisonment for life.  However, A person convicted of an offence who appears to the court to have been under the age of eighteen years at the time the offence was committed shall not, if he is convicted of murder, be sentenced to imprisonment for life, nor shall sentence of death be pronounced on or recorded against any such person; but in lieu thereof the court shall (not- withstanding anything in this or in any other Act) sentence him to be detained during Her Majesty’s pleasure, and if so sentenced he shall be liable to be detained in such place and under such conditions as the Secretary of State may direct.92
(4)    Manslaughter	There is no mandatory sentence for the offence of manslaughter. Sentencing is at the judge’s discretion.
Offences Against the Person Act 2020 (c. xx), offence under section 3 (Endangering life or inflicting serious injury)
(1)              Serious injury	Imprisonment for life93
(2)              Reckless serious injury	Imprisonment not exceeding two years.
(3)              prevent life saving.	Imprisonment not exceeding fourteen years.94
(4)              Neglect/omission	Imprisonment not exceeding two years.
(5)              Set explosives etc.	Imprisonment for life95
Torture	On conviction on indictment, imprisonment for life
Female Genital Mutilation	(1) A person guilty of an offence under section 3, subsections 13 to 27, excluding subsection 17 is liable— (a)         on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine (or both), (b)        on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both). (2) A person guilty of an offence under section 3, subsection 17 is liable— (a)         on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine (or both), (b)        on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or a fine (or both), (c)         on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).
Offences Against the Person Act 2020 (c. xx), offence under section 4 (sexual Offences)
(2) Rape	on conviction on indictment, imprisonment for life96
(3) Assault by penetration	on conviction on indictment, imprisonment for life97
(4) Male penetration of adult relative	a)       on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; b)      on conviction on indictment, to imprisonment for a term not exceeding either 2 years.98
(5) Allowing penetration by adult relative	a)       on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; b)      on conviction on indictment, to imprisonment for a term not exceeding either 2 years.99
(6) Sexual Assault	a)       on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; b)      on conviction on indictment, to imprisonment for a term not exceeding either (i) 10 years if B is over 12 or (ii) 14 years if B is under 13.100
(7) Unlawful Sexual activity101	(1)                If the offender is aged 18 or over and the touching involved— a.       penetration of B’s anus or vagina with a part of A’s body or anything else, b.       penetration of B’s mouth with A’s penis, c.       penetration of A’s anus or vagina with a part of B’s body, or d.       penetration of A’s mouth with B’s penis, the offender is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years. (2)                Unless other subsections apply, a person aged 18 or over guilty of an offence under this section is liable— a.       on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both; b.       on conviction on indictment, to imprisonment for a term not exceeding 14 years.
(8) Sexual activity in a public lavatory102	on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.
(9) Intercourse with an animal103	(a)      on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b)     on conviction on indictment, to imprisonment for a term not exceeding 2 years.
(10) Intercourse with an animal104	(a)      on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b)      on conviction on indictment, to imprisonment for a term not exceeding 2 years.
(11) Sexual penetration of a corpse105	(a)     on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b)      on conviction on indictment, to imprisonment for a term not exceeding 2 years.
(12) Engaging in Sexual activity in the presence of a person106	If a person aged over 18 is guilty of an offence under this section, the person is liable- (a)       on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b)      on conviction on indictment, to imprisonment for a term not exceeding 10 years. If a person is aged under 18 is guilty of an offence under this section, the person is liable- (a)      on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b)     on conviction on indictment, to imprisonment for a term not exceeding 5 years. If in a position of trust107, the person is liable- (a)       on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b)      on conviction on indictment, to imprisonment for a term not exceeding 5 years. If engaging in Sexual activity in the presence of a person with a mental disorder impeding choice the offender is liable— a.       on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; b.       on conviction on indictment, to imprisonment for a term not exceeding 10 years.
(13) Causing a person to watch a sexual act	If a person aged over 18 is guilty of an offence under this section, the person is liable- (a)      on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b)      on conviction on indictment, to imprisonment for a term not exceeding 10 years. If a person is aged under 18 is guilty of an offence under this section, the person is liable- (a)      on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b)     on conviction on indictment, to imprisonment for a term not exceeding 5 years. If in a position of trust108, the person is liable- (a)       on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b)       on conviction on indictment, to imprisonment for a term not exceeding 5 years. If causing a person, with a mental disorder impeding choice, to watch a sexual act the offender is liable— (a)       on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b)       on conviction on indictment, to imprisonment for a term not exceeding 10 years.
(14) Causing a person to engage in Sexual activity without  lawful consent	1        A person guilty of an offence under this section and aged 18 or over, if the activity caused involved— (a)  penetration of B’s anus or vagina, (b)  penetration of B’s mouth with a person’s penis, (c)  penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or (d)  penetration of a person’s mouth with B’s penis, is liable, on conviction on indictment, to imprisonment for life. 2       Unless subsection (1) applies, a person guilty of an offence under this section and aged 18 or over is liable: (a)      on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both; (b)      on conviction on indictment, to imprisonment for a term not exceeding either (i) 10 years if B is over 12 or (ii) 14 years if B is under 13.109 3        A person guilty of an offence under this section and aged under 18 is liable— (a)  on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b)  on conviction on indictment, to imprisonment for a term not exceeding 5 years. 4         If in a position of trust110, the person is liable- (a)      on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b)      on conviction on indictment, to imprisonment for a term not exceeding 5 years. 5        If a family relation and aged 18 or over at the time of the offence and the offence involved— (a)     penetration of B’s anus or vagina with a part of A’s body or anything else, (b)     penetration of B’s mouth with A’s penis, (c)     penetration of A’s anus or vagina with a part of B’s body, or (d)     penetration of A’s mouth with B’s penis the offender is liable, on conviction on indictment to imprisonment for a term not exceeding 14 years and in any other case— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b)   on conviction on indictment, to imprisonment for a term not exceeding 5 years. 6        If a family relation and aged 18 or over at the time of the offence and subsection (5) does not apply, a person guilty of an offence under this section is liable— (a)    on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b)    on conviction on indictment, to imprisonment for a term not exceeding 5 years. 7        If Sexual activity with a person with a mental disorder impeding choice and if the touching involved— (a)      penetration of B’s anus or vagina with a part of A’s body or anything else, (b)      penetration of B’s mouth with A’s penis, (c)      penetration of A’s anus or vagina with a part of B’s body, or (d)      penetration of A’s mouth with B’s penis, is liable, on conviction on indictment, to imprisonment for life. 8         Unless subsection (7) applies, a person guilty of an offence under this section is liable— (a)       on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both; (b)       on conviction on indictment, to imprisonment for a term not exceeding 14 years.
(8) Arranging or facilitating commission of a sex offence	(a)       on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b)       on conviction on indictment, to imprisonment for a term not exceeding 14 years.
(10) sexual communication with a child	(a)       on summary conviction, to imprisonment for a term not exceeding 12 months or a fine or both; (b)      on conviction on indictment, to imprisonment for a term not exceeding 2 years
(12) Meeting a child following sexual grooming etc.	(a)      on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b)      on conviction on indictment, to imprisonment for a term not exceeding 10 years
(12) Arranging or facilitating commission of a child sex offence	(a)       on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b)       on conviction on indictment, to imprisonment for a term not exceeding 14 years.
(19) Exposure	(a)       on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b)       on conviction on indictment, to imprisonment for a term not exceeding 2 years.
(20) Voyeurism	(a)       on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b)       on conviction on indictment, to imprisonment for a term not exceeding 2 years.
(21), (22), (23) Supporting Voyeurism	(a)       on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine, or to both; (b)       on conviction on indictment, to imprisonment for a term not exceeding 2 years.
(25) Causing or inciting prostitution for gain	(a)       on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b)       on conviction on indictment, to imprisonment for a term not exceeding 7 years.
(26) Controlling prostitution for gain	(a)       on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or to both; (b)       on conviction on indictment, to imprisonment for a term not exceeding 7 years.
(27) Paying for sexual services of a  prostitute  subjected to force etc.	on summary conviction, to a fine not exceeding level 3 on the standard scale.
(29) Committing an offence with intent to commit a sexual offence	(a)       on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b)       on conviction on indictment, to imprisonment for a term not exceeding 10 years.
Offences Against the Person Act 2020 (c. xx), offence under section 5 (Make incapable of resistance in order to commit an offence)	Imprisonment for life111,112 on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;·         on conviction on indictment, to imprisonment for a term not exceeding 10years.
Offences Against the Person Act 2020 (c. xx), offence under section 6113 (Common assault114  and battery)	A fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months115, or to both, unless assaulting: (a)    any person with intent to prevent the lawful apprehension or detainer of himself or of any other person for any offence.: Imprisonment not exceeding two years116. (b)    an emergency worker acting in the exercise of functions as such a worker: i.      on summary conviction, to imprisonment for a term not exceeding 12 months117, or to a fine, or to both; ii.       on conviction on indictment, to imprisonment for a term not exceeding 12 months, or to a fine, or to both.
Offences Against the Person Act 2020 (c. xx), offence under section 7 (Resistance or obstruction)118	A fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months119, or to both, unless assaulting: (a)    any person with intent to resist or obstruct the lawful apprehension or detainer of himself or of any other person for any offence: Imprisonment not exceeding two years120 (b)    an emergency worker acting in the exercise of functions as such a worker: i.       on summary conviction, to imprisonment for a term not exceeding 12 months121, or to a fine, or to both; ii.      on conviction on indictment, to imprisonment for a term not exceeding 12 months, or to a fine, or to both.
Offences Against the Person Act 2020 (c. xx), offence under section 8 (Threats)122
(1)    Threat to kill	On conviction on indictment Imprisonment for a term not exceeding ten years123
(2)    Threat to use violence	Imprisonment for a term not exceeding 12 months124.
(3)    Threat with offensive weapon125	(a)       on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both; (b)      on conviction on indictment, to imprisonment for a term not exceeding 4 years or to a fine, or to both. Where a person aged 16 or over is convicted of an offence under this section, the court must impose an appropriate custodial sentence (with or without a fine) unless the court is of the opinion that there are particular circumstances which— (a)      relate to the offence or to the offender, and (b)      would make it unjust to do so in all the circumstances. In this section “appropriate custodial sentence” means— (a)      in the case of a person who is aged 18 or over when convicted, a sentence of imprisonment for a term of at least 6 months; (b)      in the case of a person who is aged at least 16 but under 18 when convicted, a detention and training order of at least 4 months. In considering whether it is of the opinion mentioned above in the case of a person aged under 18, the court must have regard to its duty under section 44 of the Children and Young Persons Act 1933.
(4)    Threat cause any serious injury	(a)       on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both; (b)      on conviction on indictment, to imprisonment for a term not exceeding 4 years or to a fine, or to both. Where a person aged 16 or over is convicted of an offence under this section, the court must impose an appropriate custodial sentence (with or without a fine) unless the court is of the opinion that there are particular circumstances which— (a)      relate to the offence or to the offender, and (b)      would make it unjust to do so in all the circumstances. In this section “appropriate custodial sentence” means— (a)      in the case of a person who is aged 18 or over when convicted, a sentence of imprisonment for a term of at least 6 months; (b)      in the case of a person who is aged at least 16 but under 18 when convicted, a detention and training order of at least 4 months. In considering whether it is of the opinion mentioned above in the case of a person aged under 18, the court must have regard to its duty under section 44 of the Children and Young Persons Act 1933.
Offences Against the Person Act 2020 (c. xx), offence under section 9 (Abuse)	Penalty not currently defined.  Domestic Abuse Act 2021 suggests an Abuse Protection Order can be issued.
Offences Against the Person Act 2020 (c. xx), offence under section 10 (Torment)
Harassment	on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.
Stalking	on summary conviction to imprisonment for a term not exceeding 51 weeks, or a fine not exceeding level 5 on the standard scale, or both. In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference above to 51 weeks is to be read as a reference to six months.
Offences Against the Person Act 2020 (c. xx), offence under section 11 (Concealing the death of a person)	Imprisonment for a term not exceeding two years126
Offences Against the Person Act 2020 (c. xx), offence under section 12 (Child Abduction, Kidnap or wrongful imprisonment)
Child Abduction By parent	on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or both; or on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.
Kidnap	See Simplification of Criminal Law:  Kidnapping and Related Offences, Law Commission 2014.
Wrongful imprisonment	See Simplification of Criminal Law:  Kidnapping and Related Offences, Law Commission 2014.
Offences Against the Person Act 2020 (c. xx), offence under section 13 (Slavery, servitude and forced or compulsory labour)	(a)   on conviction on indictment, to imprisonment for life; (b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine or both.
Offences Against the Person Act 2020 (c. xx), offence under section 14 (Bigamy)	Imprisonment for a term not exceeding seven years
Offences Against the Person Act 2020 (c. xx), offence under section 15 (Making or having substance, tools, &c., with intent to commit any offence under this Act)	At the discretion of the court, to be imprisoned for any term not exceeding two years127
Offences Against the Person Act 2020 (c. xx), offence under section 16 (Arranging or facilitating commission of an offence)	The sentence applied will be the one applicable to the relevant offence

SCHEDULE 2

Exclusions associated with the killing of a person

1 Destruction of an unborn child

(1)            No person shall be found guilty of an offence under section (2), subsection 1 unless it is proved that the act which caused the death of a child was not done in good faith for the purpose only of preserving the life of the mother.

(2)            For the purposes of subsection 1, evidence that a woman had at any material time been pregnant for a period of twenty-eight weeks or more shall be primâ facie proof that she was at that time pregnant of a child capable of being born alive.¹²⁸

2 Murder

(1)      Where a person kills another in the course or furtherance of some other offence, the killing shall not amount to murder unless done with the same malice aforethought (express or implied) as is required for a killing to amount to murder when not done in the course or furtherance of another offence.

(2)      For the purposes of the foregoing subsection, a killing done in the course or for the purpose of resisting an officer of justice, or of resisting or avoiding or preventing a lawful arrest, or of effecting or assisting an escape or rescue from legal custody, shall be treated as a killing in the course or furtherance of an offence.

(3)      A person (“D”) who kills or is a party to the killing of another is not to be convicted of murder if D was suffering from an abnormality of mental functioning which—

(a)       arose from a recognised medical condition,

(b)      substantially impaired D’s ability to do one or more of the following,

i         to understand the nature of D’s conduct;

ii         to form a rational judgment;

iii        to exercise self-control. ¹²⁹

(c)       and provides an explanation for D’s acts and omissions in doing or being a party to the killing.

(4)      For the purposes of subsection (3)(c), an abnormality of mental functioning provides an explanation for D’s conduct if it causes, or is a significant contributory factor in causing, D to carry out that conduct.

(5)      If D is charged with murder, it shall be for the defence to prove that D is was suffering from an abnormality of mental functioning.

(6)      A person who was suffering from an abnormality of mental functioning would be liable, whether as principal or as accessory, to be convicted of murder shall be liable instead to be convicted of manslaughter.

(7)      The fact that D was party to a killing and not liable to be convicted of murder shall not affect the question whether the killing amounted to murder in the case of any other party to it.¹³⁰

(8)      Where a person (“E”) kills or is a party to the killing of another (“V”), E is not to be convicted of murder  if—

(a)      E’s acts and omissions in doing or being a party to the killing resulted from E’s loss of self-control,

(b)      the loss of self-control had a qualifying trigger, and

(c)      a person of E’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of E, might have reacted in the same or in a similar way to E.

(9)      For the purposes of subsection (8)(a), it does not matter whether or not the loss of control was sudden.

(10)  In subsection (8)(c) the reference to “the circumstances of E” is a reference to all of E’s circumstances other than those whose only relevance to E’s conduct is that they bear on E’s general capacity for tolerance or self-restraint.

(11)  Subsection (8) does not apply if, in doing or being a party to the killing, E acted in a considered desire for revenge.

(12)  On a charge of murder, if sufficient evidence is adduced to raise an issue with respect to the defence under subsection (8), the jury must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(13)  For the purposes of subsection (12), sufficient evidence is adduced to raise an issue with respect to the defence if evidence is adduced on which, in the opinion of the trial judge, a jury, properly directed, could reasonably conclude that the defence might apply.

(14)  A person who, but for subsection (8), would be liable to be convicted of murder is liable instead to be convicted of manslaughter.

(15)  In determining whether a loss of self-control had a qualifying trigger—

(a)           E’s fear of serious violence is to be disregarded to the extent that it was caused by a thing which E incited to be done or said for the purpose of providing an excuse to use violence;

(b)            a sense of being seriously wronged by a thing done or said is not justifiable if E incited the thing to be done or said for the purpose of providing an excuse to use violence;

(c)            the fact that a thing done or said constituted sexual infidelity is to be disregarded.¹³¹

(16)  The fact that one party to a killing is by virtue of this section not liable to be convicted of murder does not affect the question whether the killing amounted to murder in the case of any other party to it.

SCHEDULE 3

Position of Trust

1 Definition: Position of trust

(1) A person (A) is in a position of trust in relation to another person (B) if any of the following conditions applies:

i           if A looks after persons under 18 who are detained in an institution by virtue of a court order or under an enactment, and B is so detained in that institution.

ii         if A looks after persons under 18 who are resident in a home or other place in which—

a.       accommodation and maintenance are provided by a local authority in accordance with section 22C(6) of the Children Act 1989 (c. 41) or section 81(6) of the Social Services and Well-being (Wales) Act 2014, or

b.       accommodation is provided by a voluntary organisation under section 59(1) of the Children Act 1989,

and B is resident and is so provided with accommodation and maintenance or accommodation, in that place.

iii       if A looks after persons under 18 who are accommodated and cared for in one of the following institutions—

a.       a hospital,

b.       in Wales, an independent clinic,

c.       a care home,

d.       a community home, voluntary home or children’s home, or

e.       a home provided under section 82(5) of the Children Act 1989,

f.        a place in Wales at which a care home service is provided,]

g.       premises in Wales at which a secure accommodation service is provided,

and B is accommodated and cared for in that institution.

iv        if A looks after persons under 18 who are receiving education at an educational institution and B is receiving, and A is not receiving, education at that institution.

v          if A is engaged in the provision of services under, or pursuant to anything done under—

a.       sections 8 to 10 of the Employment and Training Act 1973 (c. 50), or

b.       section 68, 70(1)(b) or 74 of the Education and Skills Act 2008, and, in that capacity, looks after B on an individual basis.

vi        if A regularly has unsupervised contact with B (whether face to face or by any other means) in the exercise of functions of a local authority under section 20 or 21 of the Children Act 1989 (c. 41) or section 76 or 77 of the Social Services and Well-being (Wales) Act 2014.

vii      if A, as a person who is to report to the court under section 7 of the Children Act 1989 on matters relating to the welfare of B, regularly has unsupervised contact with B (whether face to face or by any other means).

viii   if A is a personal adviser appointed for B under—

a.       section 23B(2) of, or paragraph 19C of Schedule 2 to the Children Act 1989, or

b.       section 106(1) of the Social Services and Well-being (Wales) Act 2014 in respect of category 1 or 2 young persons within the meaning of that Act,

and, in that capacity, looks after B on an individual basis.

ix        if—

a.       B is subject to a care order, a supervision order or an education supervision order, and

b.       in the exercise of functions conferred by virtue of the order on an authorised person or the local authority designated by the order, A looks after B on an individual basis.

x          if A—

a.       is an officer of the Service or Welsh family proceedings officer (within the meaning given by section 35 of the Children Act 2004) appointed for B under section 41(1) of the Children Act 1989,

b.       is appointed a children’s guardian of B under rule 6 or rule 18 of the Adoption Rules 1984 (S.I. 1984/265),

c.       is appointed to be the guardian ad litem of B under rule 9.5 of the Family Proceedings Rules 1991 (S. I. 1991/1247) or

d.       is appointed to be the children’s guardian of B under rule 59 of the Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795) or rule 16.3(1)(ii) or rule 16.4 of the Family Procedure Rules 2010 (S.I. 2010/2955), and, in that capacity, regularly has unsupervised contact with B (whether face to face or by any other means).

xi        if—

a.       B is subject to requirements imposed by or under an enactment on his release from detention for a criminal offence, or is subject to requirements imposed by a court order made in criminal proceedings, and

b.       A looks after B on an individual basis in pursuance of the requirements.

xii      any condition specified in an order made by the Secretary of State is met

2 Positions of trust: interpretation

(1)          The following provisions apply for the purposes of Positions of trust.

(2)          Subject to subsection (3), a person looks after persons under 18 if he is regularly involved in caring for, training, supervising or being in sole charge of such persons.

(3)          A person (A) looks after another person (B) on an individual basis if—

(a)   A is regularly involved in caring for, training or supervising B, and

(b)        in the course of his involvement, A regularly has unsupervised contact with B (whether face to face or by any other means).

(4)          A person receives education at an educational institution if—

(a)         he is registered or otherwise enrolled as a pupil or student at the institution, or

(a)         he receives education at the institution under arrangements with another educational institution at which he is so registered or otherwise enrolled.

3 Position of trust: Conditions

(1)      If A—

(a)         is in a position of trust in relation to B by virtue of circumstances within the definition of position of trust, conditions (i), (ii), (iii) or (iv), and

(b)        is not in such a position of trust by virtue of other circumstances and

(c)         A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B.

(2)      Where in proceedings for an offence under this Act where A is in a position of trust and it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.

(3)      Where in proceedings for an offence under this Act where A is in a position of trust and —

(a)    it is proved that the defendant was in a position of trust in relation to the other person by virtue that the condition defined in subsection (1) is satisfied, and

(b)    it is not proved that he was in such a position of trust by virtue of other circumstances,

it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances.¹³²

(4)      The conditions in this section are not applicable if¹³³ either

(a)     B is 16 or over, and A and B are lawfully married or civil partners of each other.   In proceedings for such an offence it is for the defendant to prove that A and B were at the time lawfully married or civil partners of each other,

(b)     or immediately before the position of trust arose, a sexual relationship existed between A and B unless at that time sexual intercourse between A and B would have been unlawful.  In proceedings for such an offence it is for the defendant to prove that such a relationship existed at that time.

SCHEDULE 4

Family relationships

1 Definition: Family relationship

(1)          Within this Act, a person A has a family relationship with B if—

           i.      it is within any of paragraphs (2) to (4), or

          ii.      it would be within one of those subsections but for section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 (c. 38) (status conferred by adoption).

(2)          The relation of A to B is within this definition if—

         i.      one of them is the other’s parent, grandparent, brother, sister, half-brother, half-sister,  aunt or uncle, or

        ii.      A is or has been B’s foster parent.

(3)          The relation of A to B is within this definition if A and B live or have lived in the same household, or A is or has been regularly involved in caring for, training, supervising or being in sole charge of B, and—

        i.      one of them is or has been the other’s step-parent,

        ii.      A and B are cousins,

        iii.      one of them is or has been the other’s stepbrother or stepsister, or

       iv.      the parent or present or former foster parent of one of them is or has been the other’s foster parent.

(4)          The relation of A to B is within this definition if—

        i.      A and B live in the same household, and

       ii.      A is regularly involved in caring for, training, supervising or being in sole charge of B.

(5)          Nothing in—

(a)         section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or

(b)        section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date),

is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the definition and use of parent and child.¹³⁴

2 Family relationships: Exclusions

(1)          Conduct by a person (A) which would otherwise be an offence under section (5), subsections (4) and (7) against another person (B) is not an offence under that section if at the time

a.       B is 16 or over, and A and B are lawfully married.  In proceedings for such an offence it is for the defendant to prove that A and B were at the time lawfully married or civil partners of each other.¹³⁵

b.       Or the relation of A to B is not within Schedule 3, subsection (2) and it would not be within that subsection if section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 (c. 38) did not apply, and immediately before the relation of A to B first became such as to fall within section 27, a sexual relationship existed between A and B.¹³⁶  In proceedings for an offence under this section it is for the defendant to prove these matters.

c.       Subsection (b) does not apply if, at the time referred to, sexual intercourse between A and B would have been unlawful.

SCHEDULE 5

Care workers

1               Interpretation

(1)          For the purposes of this Act, a person (A) is involved in the care of another person (B) in a way that falls within this section if any of subsections (2) to (4) applies.

(2)          This subsection applies if—

(a)       B is accommodated and cared for in a care home, community home, voluntary home, children’s home, or premises in Wales at which a secure accommodation service is provided, and

(b)      A has functions to perform in the course of employment in the home or the premises which have brought him or are likely to bring him into regular face to face contact with B.

(3)          This subsection applies if B is a patient for whom services are provided—

(a)       by a National Health Service body or an independent medical agency;

(b)       in an independent hospital; or

(c)       in Wales, in an independent clinic, and A has functions to perform for the body or agency or in the hospital or clinic in the course of employment which have brought A or are likely to bring A into regular face to face contact with B

(4)          This subsection applies if A—

(a)       is, whether or not in the course of employment, a provider of care, assistance or services to B in connection with B’s mental disorder, and

(b)       as such, has had or is likely to have regular face to face contact with B.

2               Care workers: Exclusions

(1)          Conduct by a person (A) which would otherwise be an offence under section 5 against another person (B) is not an offence under that section if at the time—

(a) B is 16 or over, and

(b)   A and B are lawfully married or civil partners of each other.

(2)          In proceedings for such an offence it is for the defendant to prove that A and B were at the time lawfully married or civil partners of each other.

(3)          Conduct by a person (A) which would otherwise be an offence under section 4 against another person (B) is not an offence under that section if, immediately before A became involved in B’s care in a way that falls within this Schedule, a sexual relationship existed between A and B.

(4)          Subsection (3) does not apply if at that time sexual intercourse between A and B would have been unlawful.

(5)          In proceedings for an offence under sections 5 it is for the defendant to prove that such a relationship existed at that time.

SCHEDULE 6

Provisions related to Section 4 (Sexual Offences)

(1)      Where in proceedings [dy155] for an offence under section 5, it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.

(2)      Where in proceedings for an offence under section 4 it is proved that A was related to B in a way defined in Schedule 3,

i       it is to be taken¹³⁷ that A knew or could reasonably have been expected to know that he was related in that way unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that he was,

ii      except if A¹³⁸ is related to B as B’s child by virtue of A being an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002, A does not commit an offence under this section unless A is 18 or over.

(3)      A communication¹³⁹ is sexual if—

i       any part of it relates to sexual activity, or

ii      a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider any part of the communication to be sexual.¹⁴⁰

(4)       A reference¹⁴¹ to A having met or communicated with B is a reference to A having met B in any part of the world or having communicated with B by any means from, to or in any part of the world;

(5)      Conduct by a person¹⁴² (A) which would otherwise be an offence against another person (B) only because A is a care worker is not an offence if at the time—

i      B is 16 or over, and

ii    A and B are lawfully married or civil partners of each other.

In proceedings for such an offence it is for the defendant to prove that A and B were at the time lawfully married or civil partners of each other.

(6)      Conduct by a person¹⁴³ (A) which would otherwise be an offence against another person (B) only because A is a care worker is not an offence under that section if, immediately before A became involved in B’s care in a way that falls within Schedule 4, a sexual relationship existed between A and B, but

i      It would be an offence if at that time sexual intercourse between A and B would have been unlawful,

ii    In proceedings for an offence dependent on A being a care worker it is for the defendant to prove that such a relationship existed at that time.

(7)      Anything which¹⁴⁴, if done in England and Wales would constitute an offence dependent on the offender being in a position of trust also constitutes that offence if done in Scotland or Northern Ireland.

(8)      A person is not guilty of aiding¹⁴⁵ , abetting or counselling the commission against a child of an offence to which this Schedule applies if he acts¹⁴⁶ not for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence or the child’s participation in it¹⁴⁷ and only¹⁴⁸ for the purpose of—

i      protecting the child from sexually transmitted infection,

ii    protecting the physical safety of the child,

iii  preventing the child from becoming pregnant, or

iv   promoting the child’s emotional well-being by the giving of advice.

(9)      Paragraph 8 does not affect any other enactment or any rule of law restricting the circumstances in which a person is guilty of aiding, abetting or counselling an offence under section 5.

(10)   If in proceedings for an offence¹⁴⁹ it is proved —

i      that the defendant did the relevant act (see paragraph 14 below)¹⁵⁰, and

ii    that any of the circumstances specified in paragraph (11) existed, and

iii  that the defendant knew that those circumstances existed,

the complainant is to be taken not to have consented to the relevant act unless sufficient evidence is adduced to raise an issue as to whether he consented, and the defendant is to be taken not to have reasonably believed that the complainant consented unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.

(11)   The circumstances are that—

i     any person was, at the time of the relevant act or immediately before it began, using violence against the complainant or causing the complainant to fear that immediate violence would be used against him;

ii    any person was, at the time of the relevant act or immediately before it began, causing the complainant to fear that violence was being used, or that immediate violence would be used, against another person;

iii     the complainant was, and the defendant was not, ¹⁵¹ unlawfully detained at the time of the relevant act;

iv    the complainant was asleep or otherwise unconscious at the time of the relevant act;

v     because of the complainant’s physical disability, the complainant would not have been able at the time of the relevant act to communicate to the defendant whether the complainant consented;

vi    any person had administered to or caused to be taken by the complainant, without the complainant’s consent, a substance which, having regard to when it was administered or taken, was capable of causing or enabling the complainant to be stupefied or overpowered at the time of the relevant act.

vii B is unable to refuse because of or for a reason related to a mental disorder, and A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse;

viii B has a mental disorder, and

a.       the defendant knows or could reasonably be expected to know that B has a mental disorder

b.       and either

(i)     the defendant obtains B’s agreement by means of an inducement offered or given, a threat made, or a deception practised by A for that purpose,

(ii)   or the defendant is involved in B’s care in a way that falls within Schedule 4.¹⁵²

(12)   If in proceedings for an offence¹⁵³  it is proved that the defendant did the relevant act  (see paragraph 14)¹⁵⁴ and that any of the circumstances specified in paragraph (13) existed, it is to be conclusively presumed—

i      that the complainant did not consent to the relevant act, and

ii    that the defendant did not believe that the complainant consented to the relevant act.

(13)   The circumstances are that—

i      the defendant intentionally deceived the complainant as to the nature or purpose of the relevant act;

ii    the defendant intentionally induced the complainant to consent to the relevant act by impersonating a person known personally to the complainant.

(14)   In relation to an offence to which paragraphs 10 and 12 apply, references in those sections to the relevant act and to the complainant are to be read as follows—

Offence	Relevant Act
An offence under section 4 (2) (Rape).	The defendant intentionally penetrating, with his penis, the vagina, anus or mouth of another person (“the complainant”).
An offence under section 4 (3) (assault by penetration).	The defendant intentionally penetrating, with a part of his body or anything else, the vagina or anus of another person (“the complainant”), where the penetration is sexual.
An offence under section 4 (4) (Sexual Assault).	The defendant intentionally touching another person (“the complainant”), where the touching is sexual.
An offence under section 4 (14) (causing a person to engage in Sexual activity without lawful consent).	The defendant intentionally causing another person (“the complainant”) to engage in an activity, where the activity is sexual.

SCHEDULE 7

Modifications of Section 4 For Children in Certain Cases

Children in care of local authorities and voluntary organisations¹⁵⁵

(1)     This paragraph applies in the case of a child who is in the care of a local authority within the meaning of the Children Act 1989 in England or Wales.

(2)     Where this paragraph applies, section 12 of this Act shall have effect as if—

(a)          the reference to the appropriate consent were a reference to the consent of the local authority in whose care the child is; and

(b)         subsections (3) to (6) were omitted.

Children in places of safety
(1)     This paragraph applies in the case of a child who is—

(a)       detained in a place of safety under paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts(Sentencing) Act 2000 or paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008; or

(b)      detained in a place of safety under paragraph 9(3) of the Schedule to the Street Offences Act 1959; or

(c)      remanded to local authority accommodation under paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008; or

(d)      remanded to local authority accommodation under paragraph 10 of the Schedule to the Street Offences Act 1959; or

(e)       remanded to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

(2)     Where this paragraph applies, section 4 of this Act shall have effect as if—

(a)           the reference to the appropriate consent were a reference to the leave of any magistrates’ court acting for the area in which the place of safety, local authority accommodation or youth detention accommodation is; and

(b)         subsections (3) to (6) were omitted.

Adoption and custodianship

(1)     This paragraph applies where—

(a)           a child is placed for adoption by an adoption agency under section 19 of the Adoption and Children Act 2002, or an adoption agency is authorised to place the child for adoption under that section; or

(b)          a placement order is in force in respect of the child; or

(c)           an application for such an order has been made in respect of the child and has not been disposed of; or

(d)          an application for an adoption order has been made in respect of the child and has not been disposed of; or

(e)           an order under section 84 of the Adoption and Children Act 2002 (giving  parental responsibility prior to adoption abroad) has been made in respect of the child, or an application for such an order in respect of him has been made and has not been disposed of.

(2)     Where this paragraph applies, section 4 of this Act shall have effect as if—

(a)      the reference to the appropriate consent were—

i.      in a case within sub-paragraph (1)(a) above, a reference to the consent of each person who has  parental responsibility for the child or to the leave of the High Court;

ii.      in a case within sub-paragraph (1)(b) above, a reference to the leave of the court which made the placement order;

iii.      in a case within sub-paragraph (1)(c) or (d) above, a reference to the leave of the court to which the application was made;

iv.      in a case within sub-paragraph (1)(e) above, a reference to the leave of the court which made the order or, as the case may be, to which the application was made;

(b)     subsection (3) were omitted;

(c)     in subsection (4), in paragraph (a), for the words from “in whose favour” to the first mention of “child” there were substituted “who provides the child’s home in a case falling within sub-paragraph (1)(a) or (b) of paragraph 3 of the Schedule to this Act”; and

(d)     subsections (4A), (5), (5A) and (6) were omitted.

(3)     Sub-paragraph (2) above shall be construed as if the references to the court included, in any case where the court is a magistrates’ court, a reference to any magistrates’ court acting for the same area as that court.
Cases within paragraphs 1 and 3

(1)     In the case of a child falling within both paragraph 1 and paragraph 3 above, the provisions of paragraph 3 shall apply to the exclusion of those in paragraph 1.

Interpretation

(1)     In this Schedule—

“adoption agency”, “adoption order”, “placed for adoption by an adoption agency” and “placement order” have the same meaning as in the Adoption and Children Act 2002; and

“area”, in relation to a magistrates’ court, means the petty sessions area for which the court is appointed.

SCHEDULE 8

Offences Outside of the UK¹⁵⁶

(1)      If—

a)           a United Kingdom national does an act in a country outside the United Kingdom, and

b)           the act, if done in England and Wales would constitute an offence defined in the Offences Against the Person Act 2024, the United Kingdom national is guilty in England and Wales of that offence.

(2)      If—

a)       a United Kingdom resident does an act in a country outside the United Kingdom,

b)      the act constitutes an offence under the law in force in that country, and

c)       the act, if done in England and Wales would constitute an offence to which this section applies, the United Kingdom resident is guilty in England and Wales of that offence.

(3)      If—

a)       a person does an act in a country outside the United Kingdom at a time when the person was not a United Kingdom national or a United Kingdom resident,

b)      the act constituted an offence under the law in force in that country,

c)       the act, if done in England and Wales would have constituted an offence to which this section applies, and

d)      the person meets the residence or nationality condition at the time when the offence takes place,

proceedings may be brought against the person in England and Wales for that offence as if the person had done the act there.

(4)      The person meets the residence or nationality condition at the time when the offence takes place if the person is a United Kingdom national or a United Kingdom resident at the time when the proceedings are brought.

(5)      An act punishable under the law in force in any country constitutes an offence under that law for the purposes of paragraph (11) however it is described in that law.

(6)      The condition in paragraph (2)(b) or (3)(b) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice—

a)       stating that, on the facts as alleged with respect to the act in question, the condition is not in the defendant’s opinion met,

b)      showing the grounds for that opinion, and

c)       requiring the prosecution to prove that it is met.

(7)      But the court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition is met without service of a notice under paragraph (6).

(8)      In the Crown Court the question whether the condition is met is to be decided by the judge alone.

SCHEDULE 9

Repeals

Chapter	Short title	Extent of Repeal
c. 88	Piracy Act, 1837	The whole Act157
c. 100	Offences Against the Person Act, 1861	The whole Act
c. 11	Homicide Act 1957	The whole Act
c. 34	Infant Life (Preservation) Act, 1929	The whole Act
c. 71	Murder (Abolition of Death Penalty) Act, 1965	The whole Act
c. 25	Coroners and Justice Act 2009	Section 54 and 55
c. 12	Children and Young Persons Act 1933	Section 53, subsection (1).
c. 37	Children and Young Persons (Scotland) Act 1937	Section 57, subsection (1).
c. 42	Sexual Offences Act, 2003	Sections 1 to 44, 47 to 54, 61to 79 in Part 1, except section 51A, 55, 56,  and Schedule 2  (Schedule 3 will need to be amended to refer to the OAP Act  2020, or does remainder of 2003 Act need to be republished as it is largely about notifications etc and covers more than Sexual offences))
c.2	Criminal Justice and Courts Act 2015	Paragraphs 14 and 24 of Schedule 10 (assaulting a secure college custody officer)
c.33	Criminal Justice and Public Order Act 1994	Section 13(1) (assaulting a secure training centre custody officer)
c. 53	Criminal Justice Act 1991	Section 90(1) (assaulting a prisoner custody officer)
c.33	Criminal Justice Act 1988	Section 134 (Torture), 139AA (Offence of threatening with article with blade or point or offensive weapon), 39 (Common assault and battery)
c.17	Offensive Weapons Act, 2019	Part 5, Sections 50, 51 and 52 (currently provisional).
c. 23	Assaults on Emergency Workers (Offences) Act, 2018	Section 1
c. 30	Modern Slavery Act, 2015	Section 1
c. 28	Domestic Violence, Crime and Victims Act 2004	Section 5
c. 31	Female Genital Mutilation Act 2003	Sections 1 to 5
c. 40	Protection from Harassment Act, 1997	Sections 2 and 2A
c. 37	Child Abduction Act 1984	Sections 1 to 5 and Schedule 1
c.14	Prevention of Crime Act, 1953	Section 1A (Offense of threatening with offensive weapon in public)

SCHEDULE 10

Consequential Amendments

Chapter	Short title	Extent of amendment
	All Acts that refer to any of the Acts and Sections of Acts that are repealed	Amend the relevant Acts to refer to relevant sections of this Act.
c.33	Criminal Justice Act 1988	Delete Section 39
c. 23	Assaults on Emergency Workers (Offences) Act 2018	Add the following as section 3(2A): A person acting in the exercise of functions as an emergency worker include a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker.

FOOTNOTES

---

1. Should Schedule 8 apply to the whole Act (in OaP 1861, it applies to only murder) ↩︎
2. Source: Infant Life (Preservation) Act 1929 ↩︎
3. OAP Act, 1861, section 58.  Text redrafted, using the definition of “abortion” (which covers part of OAP Act, 1861, section 58)  and also bringing into reference the Abortion Act 1967 ↩︎
4. Source: OaP 1861 (5) ↩︎
5. From Homicide Act, 1957, redrafted to aid clarity ↩︎
6. New. Not currently defined in an Act, although the Piracy Act, 1837 does define something similar. ↩︎
7. Based on Bracton “On the Laws and Customs of England”, Volume  2, 340-241 and Sir Matthew Hale’s History of the Pleas of the Crown, Volume 1, p51 and Thomas Hobbes “Leviathan” p157 and elsewhere ↩︎
8. This subsection is taken from OAP Act, 1861, section 18.  Note
   ·         OAP Act, 1861, section 20 is covered by this section, leaving to the courts a decision on severity and sentencing.
   ·         This paragraph also based on OAP Act, 1861, sections 23 and 24, leaving to the courts a decision on severity and sentencing.  Section 25 is no longer required as a result of this change.
   ·         OAP Act, 1861, section 28, 29, 33, 34 are covered by this section, removing the unnecessary details about gunpowder, explosion casting stone, throwing corrosive substance, etc.
   ·         OAP Act, 1861, section 31 is covered by this section (The latter part of section 1 is included as the last paragraph of this section).
   ·         OAP Act, 1861, section 32 is covered by this section (Section 32 was very specific to railways). ↩︎
9. Reflects the OaP 1861 clause 47 ↩︎
10. This paragraph covers OAP Act, 1861, section 35.  ↩︎
11. This paragraph taken from OAP Act, 1861, section 17, but generalising it (was focused on a shipwreck). ↩︎
12. This paragraph based on OAP Act, 1861, sections 26 and 27 and makes them generally applicable (i.e. not just to apprentices or servants). ↩︎
13. Words added to make more generally applicable (e.g. to cars, airplanes) the offences from OaP 1861 (32) and (33) ↩︎
14. These words taken from OaP 1861 (29).  Should they be used in other offences too? ↩︎
15. This paragraph covers OAP Act, 1861, section 30 and 31, first part ↩︎
16. This paragraph covers OAP Act, 1861, section 34, making it more general (removing the specific reference to a railway) and making it clear that actually causing serious injury by omission/neglect is also an offence. ↩︎
17. This paragraph covers the latter part of OAP Act, 1861, section 31.This paragraph covers the latter part of OAP Act, 1861, section 31. ↩︎
18. Reworded to emphasise the need for due care in relation to people. ↩︎
19. Is this word no longer applicable? ↩︎
20. This section taken from Criminal Justice Act 1988, section 134. ↩︎
21. Based on Female Genital Mutilation Act 2003.  ↩︎
22. Source: the Sexual Offences Act, 2003, Sections (1) and (5).  As the penalty for both offences is the same, they are combined here. ↩︎
23. Source: the Sexual Offences Act, 2003, Sections (2) and (6).  As the penalty for both offences is the same, they are combined here. ↩︎
24. Source: the Sexual Offences Act, 2003, Section (64) ↩︎
25. Source: the Sexual Offences Act, 2003, Section (65) ↩︎
26. From the Sexual Offences Act, 2003, Section (3) and (7). ↩︎
27. Source: the Sexual Offences Act, 2003, Section (47) ↩︎
28. From the Sexual Offences Act, 2003, Section (16). ↩︎
29. Paraphrased from the Sexual Offences Act, 2003, Section (25) ↩︎
30. From the Sexual Offences Act, 2003, Section (38). ↩︎
31. From the Sexual Offences Act, 2003, Section (30). ↩︎
32. From the Sexual Offences Act, 2003, Section (9), (10) and (13). ↩︎
33. This seems to be too specific i.e. it allows sexual activity in other public places.  Why is a lavatory so special? ↩︎
34. From the Sexual Offences Act, 2003, Section (71). ↩︎
35. From the Sexual Offences Act, 2003, Section (69). ↩︎
36. From the Sexual Offences Act, 2003, Section (69). ↩︎
37. From the Sexual Offences Act, 2003, Section (70). ↩︎
38. Care workers are not treated differently in this proposed version of the Act – see Sexual Offences Act, section 40. ↩︎
39. From Sexual Offences Act, 2003, section 18.  Also,  note sentence is lower for a person in position of trust when B under 13  compared to that for a person who is not in a position of trust.  Is that correct? ↩︎
40. From the Sexual Offences Act, 2003, Section (38). ↩︎
41. From the Sexual Offences Act, 2003, Section (30). ↩︎
42. Source: the Sexual Offences Act, 2003, Section (34). ↩︎
43. From the Sexual Offences Act, 2003, Section (11) and (13). ↩︎
44. Source: the Sexual Offences Act, 2003, Section (12) and (13). ↩︎
45. Care workers – this section is primarily about under 18, but people under care could be any age!.  Other sections too? ↩︎
46. From Sexual Offences Act, 2003, section 19.  Also, note sentence is lower for a person in position of trust when B under 13  compared to that for a person who is not in a position of trust.  Is that correct? ↩︎
47. Source: the Sexual Offences Act, 2003, Section (38). ↩︎
48. From the Sexual Offences Act, 2003, Section (4), (8) and (26). ↩︎
49. Not the same wording as in Sexual Offences Act, 2003, section 26, but the intent is believed to be the same. ↩︎
50. From the Sexual Offences Act, 2003, Section (14), but extended to cover all sexual offences, and not just child offences. ↩︎
51. This is difficult to understand.  Needs clarification. ↩︎
52. Surely this is wrong! ↩︎
53. Surely this does not need to be said?? ↩︎
54. From the Sexual Offences Act, 2003, Section (15A). ↩︎
55. From the Sexual Offences Act, 2003, Section (15). ↩︎
56. The English is not clear here – is there something missing? ↩︎
57. Source: the Sexual Offences Act, 2003, Section (15). ↩︎
58. Source: the Sexual Offences Act, 2003, Section (66). ↩︎
59. From the Sexual Offences Act, 2003, Section (67)(1), 67(2), 67(3) and From the Sexual Offences Act, 2003, Section (68). ↩︎
60. From the Sexual Offences Act, 2003, Section (67)(4). ↩︎
61. From the Sexual Offences Act, 2003, Section (67A)(1). ↩︎
62. From the Sexual Offences Act, 2003, Section (68). ↩︎
63. Source: the Sexual Offences Act, 2003, Section (67A)(2). ↩︎
64. Source: the Sexual Offences Act, 2003, Section (46). ↩︎
65. Source: the Sexual Offences Act, 2003, Section (53). ↩︎
66. Source: the Sexual Offences Act, 2003, Section (53A). ↩︎
67. Surely this is unfair to A who may be totally unaware of the situation (although it should be an offence if he is aware)!  The real villain here is person C who is doing the exploitation, yet there is no offence defined for a person C  who engages in exploitative conduct.  Surely that is an error that needs to be fixed! (and not just applicable to exploitative conduct being applied to prostitutes). ↩︎
68. From the Sexual Offences Act, 2003, Section (62) and (63) ↩︎
69. This section is based on OAP Act, 1861, sections 21 and 22 – making the purpose of the paragraph more general.  It also covers section 61 of the Sexual Offences Act, 2003, but note: Sexual Offences Act, 2003 (c. 42), section 61 defines a very similar offence, but with a different sentence – see its Schedule 1.  Should these offences be combined? ↩︎
70. From Criminal Justice Act, 1988 (Section 39) and OaP 1861 (47) second half (sentencing). ↩︎
71. This section was created to separate actual resistance/obstruction from the threat of resisting/obstructing (see section 8 for the threat).  It is based on OAP Act, 1861, sections 36, 37, 38, 39, 40 and 42 .  The intent being to generalise and clarify what the offence is.  It might be appropriate for the sentence to give penalties according to who has been obstructed (e.g. a threat to a policeman could lead to a longer sentence). ↩︎
72. Based on OAP Act, 1861, sections 16.  Wording simplified to make it clearer. ↩︎
73. This section is based on OAP Act, 1861, sections 36, 37, 38, 39, 40  and 42.  The intent being to generalise and clarify the offence.  It might appropriate for the sentence to give penalties according to who has been assaulted (e.g. a policeman would lead to a longer sentence). ↩︎
74. Rephrased from Criminal Justice Act 1988, Section 139A, Offensive Weapons Act, 2019, sections 50, 51 and 52 and Prevention of Crime Act, 1953, Section 1A. ↩︎
75. New. Not currently defined in an Act, although the Domestic Abuse Act 2021 does define something similar. ↩︎
76. A new section with the aim of covering non- aggressive, but “upsetting” activities by A upon B. ↩︎
77. From Protection from Harassment Act, 1997, Section 2. ↩︎
78. From Protection from Harassment Act, 1997, Section 2A. ↩︎
79. Based on OAP Act, 1861, section 60. ↩︎
80. Based on Modern Slavery Act 2015. ↩︎
81. Based on OAP Act, 1861, section 57. ↩︎
82. Is this in line with other Acts? ↩︎
83. Based on OAP Act, 1861, sections 57 and 64. Text made more general. ↩︎
84. dded to reflect that people could be incited to commit offences through what they read in documents or on the internet. ↩︎
85. New/based on OaP 1861 (3). See, for example, the Sexual Offences Act, 2003, sections (8), (10), (14) and (17). This has a side effect of increasing (rightly?) the sentence associated with Sexual Offences Act, 2003, section (17). ↩︎
86. New. This section makes this specific offence an offence in every section of this Act. ↩︎
87. This word is used to reflect the phrase “wilfully permit” used in OaP 1861 (31). ↩︎
88. Words from OaP 1861 (4). ↩︎
89. Addition, based on Section 3 of the Protection from Harassment Act, 1997. ↩︎
90. From section 53 of the Children and Young Persons Act 193 3 1937 c. 37. and section 57 of the Children and Young Persons (Scotland) Act 1937. ↩︎
91. From section 53 of the Children and Young Persons Act 193 3 1937 c. 37. and section 57 of the Children and Young Persons (Scotland) Act 1937. ↩︎
92. From section 53 of the Children and Young Persons Act 193 3 1937 c. 37. and section 57 of the Children and Young Persons (Scotland) Act 1937. ↩︎
93. Source: OAP Act 1861.  Note that OaP Act 1861, section 23 states the sentence for poisoning is “Imprisonment not exceeding 10 years”. ↩︎
94. Is it really appropriate to have a shorter term for such an aggressive crime? ↩︎
95. Source: OAP Act 1861 ↩︎
96. Source: Sexual Offences Act 2003 (Sections 1 and 5) ↩︎
97. Source: Sexual Offences Act 2003 (Sections 2 and 6) ↩︎
98. Source: Sexual Offences Act 2003 (Section 65) ↩︎
99. Source: Sexual Offences Act 2003 (Section 64). ↩︎
100. Source: Sexual Offences Act 2003 (Sections 3 and 7). ↩︎
101. In this proposed version of the Act, the sentence for Sexual Activity is made the same for all versions of the offence (the 2003 Act has lower sentences for family members, carers or people in a position of trust, but that appears to be inappropriate). ↩︎
102. Source: Sexual Offences Act 2003 (Section 71). ↩︎
103. From the Sexual Offences Act, 2003, Section (69). ↩︎
104. From the Sexual Offences Act, 2003, Section (69). ↩︎
105. From the Sexual Offences Act, 2003, Section (70). ↩︎
106. From the Sexual Offences Act, 2003, Section (11) and (13). ↩︎
107. Does this meet the need – see section 16 of Sexual offences Act.   i.e. sentence is lower for a person in position of trust when B under 13 compared to that for a person who is not in a position of trust.  Is that correct? ↩︎
108. Does this meet the need – see section 16 of Sexual offences Act.   i.e. sentence is lower for a person in position of trust when B under 13 compared to that for a person who is not in a position of trust.  Is that correct? ↩︎
109. Source: Sexual Offences Act 2003 (Sections 3 and 7). ↩︎
110. Does this meet the need – see section 16 of Sexual offences Act.   i.e. sentence is lower for a person in position of trust when B under 13 compared to that for a person who is not in a position of trust.  Is that correct? ↩︎
111. Note: Sexual Offences Act, 2003 (c. 42), section 61 defines a very similar offence, but with a different sentence.  Should these offences be combined?·   ↩︎
112. This offence covers the Sexual Offences Act, 2003 sections 61 and 62. However, the Sexual Offences Act, 2003 gave a shorter (10 year) sentence which is inconsistent and corrected here. ↩︎
113. This sentence is proposed, based on a simplification of several sentences defined in several Acts. ↩︎
114. This sentence is proposed, based on a simplification of several sentences defined in several Acts. ↩︎
115. From Criminal Justice Act, 1988 (Section 39). ↩︎
116. From OAP Act, 1861, sections 38. ↩︎
117. From Assaults on Emergency Workers (Offences) Act, 2018. While a Prison Custody Officer is identified in the Assaults on Emergency Workers (Offences) Act, 2018 as an “emergency worker”, the Criminal Justice Act 1991, 90(1) also specifies an offence of assault against a prison custody officer, but with a shorter (6 month) sentence. Inconsistency needs to be resolved! ↩︎
118. This sentence is proposed, based on a simplification of several sentences defined in several Acts. ↩︎
119. From Criminal Justice Act, 1988 (Section 39). ↩︎
120. From OAP Act, 1861, sections 38. ↩︎
121. From Assaults on Emergency Workers (Offences) Act, 2018. While a Prison Custody Officer is identified in the Assaults on Emergency Workers (Offences) Act, 2018 as an “emergency worker”, the Criminal Justice Act 1991, 90(1) also specifies an offence of assault against a prison custody officer, but with a shorter (6 month) sentence. Inconsistency needs to be resolved! ↩︎
122. This sentence is proposed, based on a simplification of several sentences defined in several Acts. ↩︎
123. From OAP Act, 1861, sections 16. ↩︎
124. This sentence proposed as it is in line with other sentences proposed here, but higher sentences are defined in current legislation. ↩︎
125. From Criminal Justice Act 1988, Section 139A, Offensive Weapons Act, 2019, sections 50, 51 and 52 and Prevention of Crime Act, 1953, Section 1A. ↩︎
126. New/proposal ↩︎
127. Recommend moving the penalty to another Act ↩︎
128. Based on Infant Life (Preservation) Act, 1929. These sections are NOT applicable in S or NI. Are these sections superseding or replacing (2) above ↩︎
129. Redraft of wording in Homicide Act, 1957 relating to diminished responsibility. ↩︎
130. Homicide Act 1957, sections 1 and 2. ↩︎
131. From Coroners and Justice Act 2009 ↩︎
132. Taken from the Sexual Offences Act, 2003, subsections (2), (3) and (4) of Sections (16, (17), (18) and (19). ↩︎
133. Paraphrased from the Sexual Offences Act, 2003, Section (23) and (24) ↩︎
134. This is very complex – it appears to be a double or even triple negative (nothing… disapplies… preventing). Can this be reworded as a positive statement? ↩︎
135. From the Sexual Offences Act, 2003, Section (28). ↩︎
136. From the Sexual Offences Act, 2003, Section (29). ↩︎
137. From the Sexual Offences Act, 2003, Section 25(3), 26(3), 64 (4) and 65 (4) ↩︎
138. From the Sexual Offences Act, 2003, Section 64 (3A) and 65 (3A) ↩︎
139. From the Sexual Offences Act, 2003, Section 124 (6). ↩︎
140. From the Sexual Offences Act, 2003, Section (15A). ↩︎
141. From the Sexual Offences Act, 2003, Section 15 (2)(a) ↩︎
142. From Sexual Offences Act, section 43. ↩︎
143. From Sexual Offences Act, section 44. ↩︎
144. From Sexual Offences Act, section 20. ↩︎
145. From Sexual Offences Act, section 14 (3). ↩︎
146. But if the action causes an offence, surely the person is still guilty of the offence? ↩︎
147. Words taken from this Sexual Offences Act, section 14 (3), subsection (d) and placed here to make the intent clearer. Sexual Offences Act, section 73 covers the same subject. ↩︎
148. This word added to try and make the intent clearer. ↩︎
149. From Sexual Offences Act 2003, section 75. ↩︎
150. Added to give clarity ↩︎
151. Surely it is still an offence If the defendant was also unlawfully detained?? ↩︎
152. vii and viii added to give clarity that these situations also give rise to the offences referred to in paragraph 14 below. ↩︎
153. From Sexual Offences Act 2003, section 76. ↩︎
154. Added to give clarity. ↩︎
155. Source: Child Abduction Act 1984, Schedule. ↩︎
156. This schedule originates from the Sexual Offences Act 2003 (72) and replaces the OaP 1861 (9), making it clear that all offences against the person are affected by this requirement. ↩︎
157. The offences described are covered by this Act. It does not matter whether the person is committing piracy or not. ↩︎