Sexual Offences Act

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Sexual Offences Act (with its variations) is a stock short title used for legislation in the United Kingdom [1] and former British colonies and territories such as Antigua and Barbuda, [2] Crown dependencies, Kenya, [3] Lesotho, [4] Republic of Ireland, [5] Sierra Leone, [6] South Africa [7] and Trinidad and Tobago [8] relating to sexual offences (including both substantive and procedural provisions).

Contents

The Bill for an Act with this short title may have been known as a Sexual Offences Bill during its passage through Parliament.

Sexual Offences Acts may be a generic name for legislation bearing that short title. It is a term of art.

List

United Kingdom

England and Wales

The Sexual Offences Act 1956 (4 & 5 Eliz.2 c.69) [9]
The Indecency with Children Act 1960 (8 & 9 Eliz.2 c.33) [10]
The Sexual Offences Act 1967 (c.60) [11]
The Sexual Offences (Amendment) Act 1976 (c.82) [12]
The Sexual Offences Act 1985 (c.44) [13]
The Sexual Offences (Amendment) Act 1992 (c.34) [14]
The Sexual Offences Act 1993 (c.30) [15]
The Sexual Offences (Conspiracy and Incitement) Act 1996 (c.29) [16]
The Sexual Offences (Protected Material) Act 1997 (c.39) [17]
The Sexual Offences (Amendment) Act 2000 (c.44) [18]
The Sexual Offences Act 2003 (c.42) [19]
The Sexual Offences Acts
The Sexual Offences Acts 1956 and 1967 is the collective title of the Sexual Offences Act 1957 and the Sexual Offences Act 1967. [20]
The Sexual Offences Acts 1956 to 1976 is the collective title of the Sexual Offences Acts 1956 and 1967 and the Sexual Offences (Amendment) Act 1976. [21]
The Sexual Offences Acts 1956 to 1992 is the collective title of the Sexual Offences Acts 1956 to 1976 and the Sexual Offences (Amendment) Act 1992. [22]

Scotland

The Sexual Offences (Scotland) Act 1976 (c.67) [23]
The Sexual Offences (Procedure and Evidence) (Scotland) Act 2002 (asp 9) [24]
The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) [25]
The Sexual Offences (Scotland) Act 2009 (asp 9) [26]

Northern Ireland

A number of Orders in Council with this title have been passed. The change in nomenclature is due to the demise of the Parliament of Northern Ireland and the imposition of direct rule. These orders are considered to be primary legislation.

The Sexual Offences (Northern Ireland) Order 1978 (S.I.1978/460 (N.I.5)) [27]
The Sexual Offences (Northern Ireland) Order 2008 (S.I.2008/1769 (N.I.2)) [28]

Antigua and Barbuda

Barbados

Crown dependencies

Bailiwick of Guernsey

  • Sexual Offences (Bailiwick of Guernsey) Law, 1983 [31]
  • The Sexual Offences (Amendment) (Guernsey) Law, 2000 [32]
  • The Sexual Offences (Bailiwick of Guernsey) (Amendment) Law, 2011 [33]

Bailiwick of Jersey

  • Sex Offenders (Jersey) Law 1990 [34]
  • Sex Offenders (Jersey) Law 2007 [35]
  • Sex Offenders (Jersey) Law 2010 [36]

Isle of Man

  • Sexual Offences Act 1992 [37]
  • Sexual Offences (Amendment) Act 2006 [38]

Dominica

Guyana

Jamaica

Kenya

The Sexual Offences Act 2006 [3]

Republic of Ireland

Lesotho

Maldives

Sierra Leone

South Africa

Tanzania

Trinidad and Tobago

See also

List of short titles

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References

  1. "Rape and Sexual Offences - Chapter 2: Sexual Offences Act 2003 - Principal Offences, and Sexual Offences Act 1956 - Most commonly charged offences | The Crown Prosecution Service". www.cps.gov.uk. Retrieved 30 January 2018.
  2. 1 2 "Sexual Offences Act 1995" (PDF). Parliament of Antigua ad Barbuda. Retrieved 20 March 2018.
  3. 1 2 "The Sexual Offences Bill, 2006". Sexual Offences Bill. 2 July 2007. Archived from the original on 2 July 2007. Retrieved 30 January 2018.
  4. 1 2 "Sexual Offences Act 2003" (PDF). Lesotho Government Gazette. Retrieved 13 March 2018.
  5. 1 2 "Criminal Law (Sexual Offences) Act, 1993". Irish Statute Book. Retrieved 30 January 2018.
  6. 1 2 "Sexual Offences act 2012" (PDF). Sierra Leone Gazette. Retrieved 13 March 2018.
  7. 1 2 "Sexual Offences Act, 1957" (PDF). www.justice.gov.za. Retrieved 30 January 2018.
  8. 1 2 "Sexual Offences Act 1986" (PDF). legalaffairs.gov.tt/.
  9. "Sexual Offences Act 1956". legislation.gov.uk. Retrieved 29 January 2018.
  10. "Indecency with Children Act 1960". www.legislation.gov.uk. Retrieved 29 January 2018.
  11. "Sexual Offences Act 1967". www.legislation.gov.uk. Retrieved 29 January 2018.
  12. "Sexual Offences (Amendment) Act 1976". www.legislation.gov.uk. Retrieved 29 January 2018.
  13. "Sexual Offences Act 1985". www.legislation.gov.uk. Retrieved 29 January 2018.
  14. "Sexual Offences (Amendment) Act 1992". www.legislation.gov.uk. Retrieved 30 January 2018.
  15. "Sexual Offences Act 1993". www.legislation.gov.uk. Retrieved 30 January 2018.
  16. "Sexual Offences (Conspiracy and Incitement) Act 1996". www.legislation.gov.uk. Retrieved 30 January 2018.
  17. "Sexual Offences (Protected Material) Act 1997". www.legislation.gov.uk. Retrieved 30 January 2018.
  18. "Sexual Offences (Amendment) Act 2000". www.legislation.gov.uk. Retrieved 30 January 2018.
  19. "Sexual Offences Act 2003". www.legislation.gov.uk. Retrieved 30 January 2018.
  20. The Sexual Offences Act 1967, section 11(1)
  21. The Sexual Offences (Amendment) Act 1976, section 7(1)
  22. The Sexual Offences (Amendment) Act 1992, section 8(2)
  23. "Sexual Offences (Scotland) Act 1976". www.legislation.gov.uk. Retrieved 30 January 2018.
  24. "Sexual Offences (Procedure and Evidence) (Scotland) Act 2002". www.legislation.gov.uk. Retrieved 30 January 2018.
  25. "Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005". www.legislation.gov.uk. Retrieved 30 January 2018.
  26. "Sexual Offences (Scotland) Act 2009". www.legislation.gov.uk. Retrieved 30 January 2018.
  27. "Sexual Offences (Northern Ireland) Order 1978". www.legislation.gov.uk. Retrieved 30 January 2018.
  28. "The Sexual Offences (Northern Ireland) Order 2008". www.legislation.gov.uk. Retrieved 30 January 2018.
  29. "Sexual Offences Act 1993" (PDF). Office of the United Nations High Commissioner for Human Rights . Retrieved 4 April 2018.
  30. "Sexual Offences (Amendment) Act 2016" (PDF). Parliament of Barbados. Retrieved 26 October 2018.
  31. "Sexual Offences (Bailiwick of Guernsey) Law, 1983". Guernsey Legal Resources. Retrieved 19 February 2018.
  32. "The Sexual Offences (Amendment) (Guernsey) Law, 2000". Guernsey Legal Resources. 20 March 2012. Retrieved 20 February 2018.
  33. "Sexual Offences (Bailiwick of Guernsey) (Amendment) Law, 2011". Guernsey Legal Resources. 30 October 2012. Retrieved 20 February 2018.
  34. "SEXUAL OFFENCES (JERSEY) LAW 1990". Jersey Legal Information Board. Retrieved 20 February 2018.
  35. "Sexual Offences (Jersey) Law 2007". Jersey Legal Information Board. Retrieved 20 February 2018.
  36. "Consultation draft - Sexual Offences (Jersey) Act" (PDF). Information and public services for the Island of Jersey. Retrieved 19 February 2018.
  37. "Sexual Offences Act 1992" (PDF). Isle of Man Legislation. Retrieved 19 February 2018.
  38. "Sexual Offences (Amendment) Act 2006" (PDF). Isle of Man Legislation. Retrieved 20 February 2018.
  39. 1 2 3 4 "Laws". Government of the Commonwealth of Dominica. Retrieved 21 April 2018.
  40. "Sexual Offences Act 2010" (PDF). Government of Guyana. 24 May 2010. Retrieved 20 October 2018.
  41. "Sexual Offences Act.2009" (PDF). Ministry of Justice - Government of Jamaica. Retrieved 4 April 2018.
  42. "Sexual Offences (Jurisdiction) Act, 1996". electronic Irish Statute Book (eISB). Retrieved 30 January 2018.
  43. "Sex Offenders Act, 2001". electronic Irish Statute Book (eISB). Retrieved 30 January 2018.
  44. "Criminal Law (Sexual Offences) Act 2006". electronic Irish Statute Book (eISB). Retrieved 30 January 2018.
  45. "Criminal Law (Sexual Offences) Act 2017". electronic Irish Statute Book (eISB). Retrieved 30 January 2018.
  46. "Maldives". sexualrightsdatabase.org. Retrieved 20 October 2018.
  47. "Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007" (PDF). www.justice.gov.za. Retrieved 30 January 2018.
  48. "Sexual Offences (Special Provisions) Act 1998" (PDF). Parliament of the United Republic of Tanzania. 21 April 1998. Retrieved 21 October 2018.
  49. "Sexual Offences (Amendment) Act" (PDF). www.ttparliament.org. Retrieved 30 January 2018.