UK Offence Report

3 At the end of paragraph 2(dk) insert― dl commits the offence of assault with intent to commit an offence…

SCHEDULE of The Sexual Offences (Scotland) Act 2009 (Supplemental and Consequential Provisions) Order 2010

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

3 At the end of paragraph 2(dk) insert― dl commits the offence of assault with intent to commit an offence under section 1 (rape) of that Act in relation to

a child; dm commits the offence of abduction with intent to commit an offence under section 1 (rape) of that Act in relation to

a child; .

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (with intent to).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: with intent to.

What would breach SCHEDULE?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Sexual Offences (Scotland) Act 2009 (Supplemental and Consequential Provisions) Order 2010.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 1 (rape) of that Act.

penalty is that of the referenced enactment; not stated in this instrument.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
24 November 2010
In force from
1 December 2010
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

This Order makes amendments to primary and secondary legislation relating to sexual offences. The amendments are supplemental and consequential to the Sexual Offences (Scotland) Act 2009 (“the 2009 Act”). The Schedule sets out the amendments to both primary and secondary legislation. Part1 of the Schedule contains the amendments to primary legislation. These are primarily to update statutory references to the offences of assault and abduction with intent to rape to ensure that references to “rape” include the new statutory offences of rape and rape of a young child. In addition, Part1 amends the 2009 Act by adding assault and abduction with intent to the lists of alternative verdicts set out in schedule3 to that Act. Part2 of the Schedule makes similar amendments to references in secondary legislation to assault and abduction with intent to rape. That Part also makes further amendments to certain Scottish statutory instruments as a consequence of the creation of new statutory sexual offences.

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.96.

Basis
the provision says a person “commits an offence”; c10_offence_under_parent_act
Confidence
0.96 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source