UK Offence Report

Section 24 of the Sexual Offences (Scotland) Act 2009 Sexual exposure to a young child Section 25 of the…

SCHEDULE of The Special Measures in Civil Proceedings (Specified Offences) Regulations 2022

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

Section 24 of the Sexual Offences (Scotland) Act 2009 Sexual exposure to a young child Section 25 of the Sexual Offences (Scotland) Act 2009 Voyeurism towards a young child Section 26 of the Sexual Offences (Scotland) Act 2009 Having intercourse with an older child Section 28 of the Sexual Offences (Scotland) Act 2009 Engaging in penetrative sexual activity with or towards an older child Section 29 of the Sexual Offences (Scotland) Act 2009 Engaging in sexual activity with or towards an older child Section 30 of the Sexual Offences (Scotland) Act 2009 Causing an older child to participate in sexual activity Section 31 of the Sexual Offences (Scotland) Act 2009 Causing an older child to be present during a sexual activity Section 32 of the Sexual Offences (Scotland) Act 2009 Causing an older child to look at a sexual image Section 33 of the Sexual Offences (Scotland) Act 2009 Communicating indecently with an older child etc Section 34 of the Sexual Offences (Scotland) Act 2009 Sexual exposure to an older child Section 35 of the Sexual Offences (Scotland) Act 2009 Voyeurism towards an older child Section 36 of the Sexual Offences (Scotland) Act 2009 Older children engaging in sexual activity with each other Section 37 of the Sexual Offences (Scotland) Act 2009 Sexual abuse of trust Section 42 of the Sexual Offences (Scotland) Act 2009 Offences committed outside the United Kingdom: adult victims Section 54D of the Sexual Offences (Scotland) Act 2009 Offences committed outside the United Kingdom: child victims Section 55 of the Sexual Offences (Scotland) Act 2009 Threatening or abusive behaviour Section 38 Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) Offence of stalking Section 39 of the Criminal Justice and Licensing (Scotland) Act 2010 Offence of stalking committed outside the United Kingdom Section 39A of the Criminal Justice and Licensing (Scotland) Act 2010 Breach of forced marriage protection order Section 9 of the Forced Marriage etc (Protection and Jurisdiction) (Scotland) Act 2011 (asp 15) Breach of domestic abuse interdict with power of arrest Section 2 of the Domestic Abuse (Scotland) Act 2011 (asp 13) Offence of forced marriage or forced civil partnership Section 122 of the Anti-social Behaviour, Crime and Policing Act 2014 Human Trafficking Section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) Aggravation of offence where abuse of partner or ex-partner Section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) Disclosing, or threatening to disclose, an intimate photograph or film Section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 Any offence where the aggravation at section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 Act has been proven Abusive Behaviour and Sexual Harm (Scotland) Act 2016 Abusive behaviour towards partner or ex-partner Section 1 of the Domestic Abuse (Scotland) Act 2018 (asp 5) Breach of domestic abuse protection notice Section 7 of the Domestic Abuse (Protection) (Scotland) Act 2021 (asp 16) Breach of domestic abuse protection order or interim domestic abuse protection order Section 17 of the Domestic Abuse (Protection) (Scotland) Act 2021 Table 3 – Offences under the law of Northern Ireland Offence (Northern Ireland) Statutory provision or other law (Northern Ireland) Abducting a girl under 18 with intent to marry Common Law Affray Common Law Burglary with intent to commit rape Common law False imprisonment Common Law Kidnapping Common Law Murder/manslaughter (of a child) Common law Rape Common law Aiding, abetting, counselling, or procuring the commission of: (a) an indictable offence listed in this table; or (b) the offence of attempted murder Section 8 of the Accessories and Abettors Act 1861 Conspiring or soliciting to commit murder Section 4 of the Offences Against the Person Act 1861 Threats to kill Section 16 of the Offences against the Person Act 1861 Shooting or attempting to shoot, or wounding, with intent to do grievous bodily harm Section 18 of the Offences against the Person Act 1861 Inflicting bodily injury with or without weapon Section 20 of the Offences against the Person Act 1861 Attempting to choke, etc. in order to commit any indictable offence Section 21 of the Offences against the Person Act 1861 Using chloroform etc to commit or assist in the committing of any indictable offence Section 22 of the Offences against the Person Act 1861 Maliciously administering poison, etc. so as to endanger life or inflict grievous bodily harm Section 23 of the Offences against the Person Act 1861 Maliciously administering poison, etc. with intent to injure, aggrieve, or annoy any other person Section 24 of the Offences against the Person Act 1861 Exposing children whereby life is endangered or health permanently injured Section 27 of the Offences against the Person Act 1861 Causing gunpowder to explode or sending to any person an explosive substance, or throwing corrosive fluid on a person, with intent to do grievous bodily harm Section 29 of the Offences against the Person Act 1861 Assault occasioning bodily harm Section 47 of the Offences against the Person Act 1861 Offence of infanticide Section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5) (N.I) Child destruction Section 25 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15) (N.I) Cruelty to persons under sixteen Section 20 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34) (N.I) Causing or allowing persons under 16 to be used for begging Section 24 of the Children and Young Persons Act (Northern Ireland) 1968 Giving intoxicating liquor to children under 5 Section 25 of the Children and Young Persons Act (Northern Ireland) 1968 Theft Section 1 of the Theft Act (Northern Ireland) 1969 (c. 16) Burglary Section 9 of the Theft Act (Northern Ireland) 1969 Blackmail Section 20 of the Theft Act (Northern Ireland) 1969 Destroying or damaging property Article 3 of the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426) (N.I. 4) Threats to destroy or damage property Article 4 of the Criminal Damage (Northern Ireland) Order 1977 Indecent photographs of children Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047) (N.I. 17) Inciting girl under sixteen to have incestuous sexual intercourse Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704) (N.I. 6) Attempting to commit an offence in relation to: (a) an indictable offence listed in this table; or (b) the offence of murder Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120) (N.I. 13) Abduction of child by parent Article 3 of the Child Abduction (Northern Ireland) Order 1985 (S.I. 1985/1638) (N.I. 17) Abduction of child by other persons Article 4 of the Child Abduction (Northern Ireland) Order 1985 Offence of sending letters etc. with intent to cause distress or anxiety Article 3 of the Malicious Communications (Northern Ireland) Order 1988 (S.I. 1988/1849) (N.I. 18) Possession of indecent photographs of child Article 15 of the Criminal Justice (Evidence etc.) (Northern Ireland) Order 1988 (S.I.1988/1847) (N.I. 17) Abduction of children in care etc Article 68 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755) (N.I. 2) Intimidation, etc., of witnesses, jurors and others Article 47 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160) (N.I. 24) Intimidation by force threats or menaces Section 1 of the Protection of the Person and Property Act (Northern Ireland) 1969 (c. 29) Harassment Article 4 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180) (N.I. 9) Putting people in fear of violence Article 6 of the Protection from Harassment (Northern Ireland) Order 1997 Contravention of: - a non-molestation order; - (where a non-molestation order is in force) an occupation order or an order under Article 18; - an exclusion requirement including by virtue of Article 57A of the Children (Northern Ireland) Order 1995 in an interim care order made under Article 57 of that Order; or - an exclusion requirement included by virtue of Article 63A of the Children (Northern Ireland) Order 1995 in an emergency protection order made under Article 63 of that Order Article 25(a) and (b) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071) (N.I. 6) Abuse of position of trust Section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) Improper use of public electronic communications network Section 127 of the Communications Act 2003 Trafficking into the UK for sexual exploitation Section 57 of the Sexual Offences Act 2003 Trafficking within the UK for sexual exploitation Section 58 of the Sexual Offences Act 2003 Trafficking out of the UK for sexual exploitation Section 59 of the Sexual Offences Act 2003 Female genital mutilation Section 1 of the Female Genital Mutilation Act 2003 Assisting girl to mutilate own genitalia Section 2 of the Female Genital Mutilation Act 2003 Assisting a non-UK person to mutilate overseas a girl’s genitalia Section 3 of the Female Genital Mutilation Act 2003 Breach of a Female Genital Mutilation protection order Section 5A and paragraph 21 of Part 2 of Schedule 2 to the Female Genital Mutilation Act 2003 Trafficking people for exploitation Section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 Breach of forced marriage protection order Paragraph 7 of Part 2 of Schedule 1 to the Forced Marriage (Civil Protection) Act 2007 (c. 20) Encouraging or assisting an offence (inchoate offences) in relation to: (a) an indictable offence listed in this table; or (b) the offence of murder Sections 44 to 46 of the Serious Crime Act 2007 Possession of extreme pornographic images Section 63 of the Criminal Justice and Immigration Act 2008 Rape Article 5 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769) (N.I. 2) Assault by penetration Article 6 of the Sexual Offences (Northern Ireland) Order 2008 Sexual assault Article 7 of the Sexual Offences (Northern Ireland) Order 2008 Causing a person to engage in sexual activity without consent Article 8 of the Sexual Offences (Northern Ireland) Order 2008 Rape of a child under 13 Article 12 of the Sexual Offences (Northern Ireland) Order 2008 Assault of a child under 13 by penetration Article 13 of the Sexual Offences (Northern Ireland) Order 2008 Sexual assault of a child under 13 Article 14 of the Sexual Offences (Northern Ireland) Order 2008 Causing or inciting a child under 13 to engage in sexual activity Article 15 of the Sexual Offences (Northern Ireland) Order 2008 Sexual activity with a child Article 16 of the Sexual Offences (Northern Ireland) Order 2008 Causing or inciting a child to engage in sexual activity Article 17 of the Sexual Offences (Northern Ireland) Order 2008 Engaging in sexual activity in the presence of a child Article 18 of the Sexual Offences (Northern Ireland) Order 2008 Causing a child to watch a sexual act Article 19 of the Sexual Offences (Northern Ireland) Order 2008 Sexual offences against children committed by children or young persons Article 20 of the Sexual Offences (Northern Ireland) Order 2008 Arranging or facilitating commission of a sex offence against a child Article 21 of the Sexual Offences (Northern Ireland) Order 2008 Meeting a child following sexual grooming etc Article 22 of the Sexual Offences (Northern Ireland) Order 2008 Sexual communication with a child Article 22A of the Sexual Offences (Northern Ireland) Order 2008 Communicating with a person with a view to grooming a particular child Article 22B of the Sexual Offences (Northern Ireland) Order 2008 Communicating with a group with a view to grooming a particular child Article 22C of the Sexual Offences (Northern Ireland) Order 2008 Abuse of position of trust: sexual activity with child Article 23 of the Sexual Offences (Northern Ireland) Order 2008 Abuse of position of trust: causing or inciting a child to engage in sexual activity Article 24 of the Sexual Offences (Northern Ireland) Order 2008 Abuse of position of trust: sexual activity in the presence of a child Article 25 of the Sexual Offences (Northern Ireland) Order 2008 Abuse of position of trust: causing a child to watch a sexual act Article 26 of the Sexual Offences (Northern Ireland) Order 2008 Sexual activity with a child family member Article 32 of the Sexual Offences (Northern Ireland) Order 2008 Inciting a child of the family to engage in sexual activity Article 33 of the Sexual Offences (Northern Ireland) Order 2008 Paying for sexual services of a child Article 37 of the Sexual Offences (Northern Ireland) Order 2008 Causing or inciting child prostitution or pornography Article 38 of the Sexual Offences (Northern Ireland) Order 2008 Controlling a child prostitute or a child involved in pornography Article 39 of the Sexual Offences (Northern Ireland) Order 2008 Arranging or facilitating child pornography Article 40 of the Sexual Offences (Northern Ireland) Order 2008 Causing or inciting prostitution for gain Article 62 of the Sexual Offences (Northern Ireland) Order 2008 Controlling prostitution for gain Article 63 of the Sexual Offences (Northern Ireland) Order 2008 Administering a substance with intent to commit a sexual offence Article 65 of the Sexual Offences (Northern Ireland) Order 2008 Committing an offence with intent to commit a sexual offence Article 66 of the Sexual Offences (Northern Ireland) Order 2008 Trespass with intent to commit a sexual offence Article 67 of the Sexual Offences (Northern Ireland) Order 2008 Voyeurism Article 71 of the Sexual Offences (Northern Ireland) Order 2008 Voyeurism: additional offences (genitals and buttocks) Article 71A of the Sexual Offences (Northern Ireland) Order 2008 Voyeurism: additional offences (breasts) Article 71B of the Sexual Offences (Northern Ireland) Order 2008 Sending etc an unwanted sexual image Article 72A of the Sexual Offences (Northern Ireland) Order 2008 Possession of prohibited images of children Section 62 of the Coroners and Justice Act 2009 Slavery, servitude and forced or compulsory labour Section 1 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2) Human trafficking Section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 Committing offence with intent to commit offence under section 1 or 2 of the Act Section 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 Offence of forced marriage Section 16 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 Disclosing private sexual photographs and films with intent to cause distress Section 51 of the Justice Act (Northern Ireland) 2016 (c. 21) Offence of domestic abuse Section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (c. 2) Offence of non-fatal strangulation or asphyxiation Section 28 of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19) Offence of stalking Section 1 of the Protection from Stalking Act (Northern Ireland) 2022 (c. 17) Offence of threatening or abusive behaviour Section 2 of the Protection from Stalking Act (Northern Ireland) 2022 Offence of breaching order Section 13 of the Protection from Stalking Act (Northern Ireland) 2022

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
contravening a requirement of the instrument
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 (Maliciously, 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, Maliciously.

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 the thing the provision prohibits under the Special Measures in Civil Proceedings (Specified Offences) Regulations 2022, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

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
18 May 2022
In force from
14 June 2022
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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

Section 64 of the Domestic Abuse Act 2021 (c. 17) requires rules of court to make provision enabling the court to make a special measures direction in civil proceedings in relation to victims and alleged victims of specified offences. These Regulations set out the list of offences that are ‘specified offences’ for this purpose. Special measures are certain steps or provisions that may assist a person, including those who are vulnerable, to give evidence or participate in proceedings. Regulation 2 introduces the Schedule to the Regulations which contains a list of the specified offences under the law of England and Wales (table 1), Scotland (table 2) and Northern Ireland (table 3). A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

Read the full note and every offence in this instrument

How this became law

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Neither House could have amended it. A statutory instrument is put to each House as a whole thing, to be approved or not; the Houses can reject an instrument or record their regret, but they cannot change a word of it. That is the constitutional position for every offence on this site.

The full procedural history →

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 0.51.

Basis
the provision says a person “commits an offence”
Confidence
0.51 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