Annex A3: Automatic listing ( chapter 3)
A3.1 Offences against children
Act | Section | Offence |
|---|
Offences group 1A | | |
Common law | N/A | Rape (female child victim) |
Common law | N/A | Sodomy without consent (male child victim) |
Criminal Law Amendment Act 1885 | 4 | Any person who unlawfully and carnally knows any girl under the age of 14 |
Common law | N/A | Cruel and unnatural treatment (of child) |
Common law | N/A | Incitement (in relation to children engaging in sexual activity) |
Mental Health (Scotland) Act 1984 | 106 | For a man to have unlawful sexual intercourse with a woman who is protected by the provisions of this section (where the victim is a child) |
Mental Health (Care and Treatment)(Scotland) Act 2003 | 311 313 | Non-consensual sexual acts (where mentally disordered person is a child) Persons providing care services: sexual offences (where mentally disordered person is a child) |
Offences group 1B | | |
Children and Young Persons (Scotland) Act 1937 | 12 | Cruelty to children under 16 |
Criminal Law (Consolidation)(Scotland) Act 1995 | 2 1 | Intercourse with a step-child Incest by having sexual intercourse with a child |
Common law | N/A | Lewd, indecent or libidinous practices or behaviour towards a child |
NOTES:
1. The roughly equivalent offences that apply in the rest of the UK (for example, offences under the Sexual Offences Act 1956 and Sexual Offences Act 2003) have not been included in the table. However, if anyone was listed in England for one of the offences, they would be barred from working in the relevant workforce in Scotland and vice versa.
2. The majority of relevant offences in the Act have not been included in the table. This is because they are high-risk offences meriting automatic consideration for listing but there could conceivably be representations made by the individual that should be considered. For example, under section 3 (sexual activity of person in position of trust with child) of the Sexual Offences (Amendment) Act 2000, the person in the position of trust might be a 19 year-old having a consensual sexual relationship with a 16 year-old. Under section 6 (indecent behaviour towards girl between 12 and 16) of the Criminal Law (Consolidation) (Scotland) Act 1995, a 16 year-old girl might consent to such practices. The child pornography offences under the Civic Government (Scotland) Act 1982 might involve the taking of one image or pseudo-image. The offence under section 33 (causing or allowing children under 17 to participate in performances which endanger life or limb) of the Children and Young Persons (Scotland) Act 1937 might involve a willing 16 year-old stunt specialist. These examples are not exhaustive but do demonstrate why there should not be a large number of automatic listing offences.
A3.2 Offences against adults
Act | Section | Offence |
|---|
Offences group 2 | | |
Mental Health (Care and Treatment) (Scotland) Act 2003 | 311 | Non-consensual sexual acts (with, or towards,
a mentally disordered person; aiding, abetting or inciting any other person to commit an offence under subsection (1) |
| 313 (1) and (2) | Persons providing care services: sexual offences (with, or towards, a mentally disordered person |
Common law | N/A | Rape (female victim) Sodomy without consent (male victim) |
NOTES:
1. The roughly equivalent offences that apply in the rest of the UK (for example, offences under the Sexual Offences Act 2003) have not been included in the table. However, if anyone was listed in England for one of the offences, they would be barred from working in the relevant workforce in Scotland and vice versa.