Crown Court

Sexual offences - historical

Sexual Offences Act 1956 (unless otherwise stated)

Effective from see offences

Toggle all dropdowns

When sentencing sexual offences under the Sexual Offences Act 1956, or other legislation pre-dating the 2003 Act, the court should apply the following principles:¹

The offender must be sentenced in accordance with the sentencing regime applicable at the date of sentence. Under sections 57 and 63 of the Sentencing Code the court must have regard to the statutory purposes of sentencing and must base the sentencing exercise on its assessment of the seriousness of the offence. When sentencing an offender who was under 18 at the time of the offence, see also paragraph 9 below.
The sentence is limited to the maximum sentence available at the date of the commission of the offence. If the maximum sentence has been reduced, the lower maximum will be applicable.
The court should sentence by measured reference to any applicable sentencing guidelines for equivalent offences under the Sexual Offences Act 2003. Where the offence, if committed on the day on which the offender was convicted, would have constituted an offence contrary to section 5 or section 6 of the Sexual Offences Act 2003, sections 265 and 278 of the Sentencing Code (special custodial sentence for certain offenders of particular concern) apply.
The seriousness of the offence, assessed by the culpability of the offender and the harm caused or intended, is the main consideration for the court. The court should not seek to establish the likely sentence had the offender been convicted shortly after the date of the offence. (However, where the offender was under 18 at the time of the offence, see paragraph 9 below.)
When assessing the culpability of the offender, the court should have regard to relevant culpability factors set out in any applicable guideline.
The court must assess carefully the harm done to the victim based on the facts available to it, having regard to relevant harm factors set out in any applicable guideline. Consideration of the circumstances which brought the offence to light will be of importance.
The court must consider the relevance of the passage of time carefully as it has the potential to aggravate or mitigate the seriousness of the offence. It will be an aggravating factor where the offender has continued to commit sexual offences against the victim or others or has continued to prevent the victim reporting the offence.
Where there is an absence of further offending over a long period of time, especially combined with evidence of good character, this may be treated by the court as a mitigating factor. However, as with offences dealt with under the Sexual Offences Act 2003, previous good character/exemplary conduct is different from having no previous convictions. The more serious the offence, the less the weight which should normally be attributed to this factor. Where previous good character/exemplary conduct has been used to facilitate the offence, this mitigation should not normally be allowed and such conduct may constitute an aggravating factor.
If the offender was very young and immature at the time of the offence, depending on the circumstances of the offence, this may be regarded as mitigation affecting the offender’s culpability. Further, where the offender was under 18 at the time of the offence the court must consider the principles set out at paragraphs 6.1 to 6.3 of the Sentencing Children and Young People guideline. The court should take as its starting point the sentence likely to have been imposed at the time of the offending, and bear in mind the maximum sentence which could then have been imposed on the child offender.
If the offender made admissions at the time of the offence that were not investigated this is likely to be regarded as personal mitigation. Even greater mitigation is available to the offender who reported himself to the police and/or made early admissions.
A reduction for an early guilty plea should be made in the usual manner.

Notes 1 R v H and others [2011] EWCA Crim 2753

May be made by	A magistrates’ court or the Crown Court
Relevant legislation	Sentencing Act 2020, part 11, Chapter 2
Availability	Where a person is convicted of an offence listed in Schedule 3 or Schedule 5 to the Sexual Offences Act 2003 the court dealing with the offender in respect of the offence may make an SHPO if satisfied that it is necessary to do so for the purpose of— protecting the public or any particular members of the public from sexual harm from the offender, or protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom. No application is necessary for the court to make a SHPO at the point of sentence although the prosecutor may wish to invite the court to consider making an order in appropriate cases. The court may ask pre-sentence report writers to consider the suitability of a SHPO on a non-prejudicial basis. Sentencing Act 2020, s344(2) provides that any conditions in Sch. 3 SOA 2003 relating to the age of the offender or the victim, or the sentence imposed on the offender may be disregarded in determining whether the offence is listed in schedule 3.
Considerations	The details of the offence are likely to be a key factor in the court’s decision, together with the offender’s previous convictions and the assessment of risk presented by the Probation Service in any pre-sentence report. The court may take into consideration the range of other options available to it in respect of protecting the public. The court may want to consider: Would an order minimise the risk of harm to the public or to any particular members of the public? Is it proportionate? Can it be policed effectively?
Content of the order	The order may prohibit the offender from doing anything described in the order or require the offender to do anything described in the order. The prohibitions or requirements which are imposed must, so far as practicable, be such as to avoid— any conflict with the offender’s religious beliefs, any interference with the times, if any, at which the offender normally works or attends any educational establishment, and any conflict with any other court order or injunction A SHPO that imposes a requirement (other than an electronic monitoring requirement) to do something must specify a person who is to be responsible for supervising compliance with the requirement. The person may be an individual or organisation. The court must receive evidence about the requirements suitability and enforceability from the individual who will enforce it or from an individual representing the organisation who will enforce it.
Length of the order	Within the SHPO the Court must specify the period for which each prohibition or requirement is to have effect (the specified period). The specified period must either be a fixed period of not less than 5 years or an indefinite period (so that the prohibition or requirement has effect until further order). The order may specify different periods for different prohibitions or requirements. As a guide, the specified period would normally be the same length as the statutory notification period. Where the specified period is longer than the statutory notification period, the offender will remain subject to the notification requirements for the full duration of the sexual harm prevention order.
Effect on earlier orders	Where an order is made in respect of an offender who is already subject to an SHPO, the earlier SHPO ceases to have effect. If the offender is already subject to a Sexual Offences Prevention Order or Foreign Travel Order made in Scotland or Northern Ireland, that order ceases to have effect unless the court orders otherwise.
Consequences of breach	Breach of a SHPO is a criminal offence, maximum penalty five years’ custody. Breach of a sexual harm prevention order guideline

Automatic orders on conviction

The following requirements or provisions are not part of the sentence imposed by the court but apply automatically by operation of law. The role of the court is to inform the offender of the applicable requirements and/or prohibition.

Requirement or provision	Statutory reference
Notification requirements A relevant offender automatically becomes subject to notification requirements, obliging him to notify the police of specified information for a specified period. The court should inform the offender accordingly. The operation of the notification requirement is not a relevant consideration in determining the sentence for the offence.	Sections 80 to 88 and Schedule 3 of the Sexual Offences Act 2003
Protection for children and vulnerable adults A statutory scheme pursuant to which offenders will or may be barred from regulated activity relating to children or vulnerable adults, with or without the right to make representations, depending on the offence. The court should inform the offender accordingly.	Section 2 and Schedule 3 of the Safeguarding Vulnerable Groups Act 2006 Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009 (SI 2009/37) (as amended)

Requirement or provision

Statutory reference

Notification requirements

A relevant offender automatically becomes subject to notification requirements, obliging him to notify the police of specified information for a specified period. The court should inform the offender accordingly.

The operation of the notification requirement is not a relevant
consideration in determining the sentence for the offence.

Sections 80 to 88 and Schedule 3 of the Sexual Offences Act 2003

Protection for children and vulnerable adults

A statutory scheme pursuant to which offenders will or may be barred from regulated activity relating to children or vulnerable adults, with or without the right to make representations,
depending on the offence. The court should inform the offender accordingly.

Section 2 and Schedule 3 of the Safeguarding Vulnerable Groups Act 2006

Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and
Miscellaneous Provisions) Regulations 2009 (SI 2009/37) (as amended)

Rape and assault offences

Offence (Sexual Offences Act 1956 unless stated otherwise)	Effective dates	Maximum
Rape (section 1)	1 January 1957 – 30 April 2004	Life
Buggery with a person or animal (section 12)	1 January 1957 – 26 July 1967 27 July 1967 – 30 April 2004	Life
	If with a boy under the age of sixteen or with a woman or an animal	Life
	If with a man	10 years
	except where the other man consented thereto	5 years if the offender was 21 or over and the other man was under that age, otherwise 2 years
	(from 3 November 1994 non-consensual acts of buggery were defined as rape)
Indecent assault on a woman (section 14)	1 January 1957 – 30 April 2004	1 January 1957 – 1 July 1960: 2 years 2 July 1960 – 15 September 1985: 2 years or 5 years if victim under 13 and age stated on indictment 16 September 1985 onwards: 10 years
Indecent assault upon a man (section 15)	1 January 1957 – 30 April 2004	10 years

Offences against children

Offence (Sexual Offences Act 1956 unless stated otherwise)	Effective dates	Maximum
Sexual intercourse with a girl under 13 (section 5)	1 January 1957 – 30 April 2004	Life
Incest by a male person (section 10)	1 January 1957 – 30 April 2004	Life if victim under 13; otherwise 7 years
Incest by a female person (section 11)	1 January 1957 – 30 April 2004	7 years
Indecency with a child (section 1 of the Indecency with Children Act 1960)	2 July 1960 – 30 April 2004	2 July 1960 – 30 September 1997: 2 years 1 October 1997 onwards: 10 years Note: on 11 January 2001 the age definition of a child increased from 14 to 16.
Incitement of a girl under 16 to commit incest (section 54 of the Criminal Law Act 1977)	8 September 1977 – 30 April 2004	2 years
Abuse of position of trust (section 3 of the Sexual Offences (Amendment) Act 2000)	8 January 2001 – 30 April 2004	5 years

Indecent images

Offence (Sexual Offences Act 1956 unless stated otherwise)	Effective dates	Maximum
Taking indecent photographs of a child (section 1 of the Protection of Children Act 1978)	20 August 1978 – present	20 August 1978 – 10 January 2001: 3 years 11 January 2001 onwards: 10 years
Possession of indecent photographs of a child (section 160 of the Criminal Justice Act 1988)	29 September 1988 – present	29 September 1988 – 10 January 2001: 6 months 11 January 2001 onwards: 5 years

Offence
(Sexual Offences Act 1956 unless stated otherwise)

Effective dates

Maximum

Taking indecent photographs of a child
(section 1 of the Protection of Children Act 1978)

20 August 1978 – present

20 August 1978 – 10 January 2001: 3 years

11 January 2001 onwards: 10 years

Possession of indecent photographs of a child
(section 160 of the Criminal
Justice Act 1988)

29 September 1988 – present

29 September 1988 – 10 January 2001: 6 months

11 January 2001 onwards: 5 years

Exploitation offences

Offence (Sexual Offences Act 1956 unless stated otherwise)	Effective dates	Maximum
Procurement of woman by threats (section 2)	1 January 1957 – 30 April 2004	2 years
Procurement by false pretences (section 3)	1 January 1957 – 30 April 2004	2 years
Causing prostitution of women (section 22)	1 January 1957 – 30 April 2004	2 years
Procuration of girl under 21 for unlawful sexual intercourse in any part of the world (section 23)	1 January 1957 – 30 April 2004	2 years
Detention in a brothel (section 24)	1 January 1957 – 30 April 2004	2 years
Permitting a defective to use premises for intercourse (section 27)	1 January 1957 – 30 April 2004	2 years
Causing or encouraging prostitution (etc) of a girl under 16 (section 28)	1 January 1957 – 30 April 2004	2 years
Causing or encouraging prostitution of a defective (section 29)	1 January 1957 – 30 April 2004	2 years
Living on earnings of prostitution (section 30)	1 January 1957 – 30 April 2004	1 January 1957 – 15 August 1959: 2 years 16 August 1959 onwards: 7 years
Controlling a prostitute (section 31)	1 January 1957 – 30 April 2004	1 January 1957 – 15 August 1959: 2 years16 August 1959 onwards: 7 years
Trafficking into/within/out of the UK for sexual exploitation (sections 57 – 59 of the Sexual Offences Act 2003)	1 May 2005 – 5 April 2013	14 years

Offences against those with a mental disorder

Offence (Sexual Offences Act 1956 unless stated otherwise)	Effective dates	Maximum
Intercourse with a defective (section 7)	1 January 1957 – 30 April 2004	2 years
Procurement of a defective (section 9)	1 January 1957 – 30 April 2004	2 years
Sexual intercourse with patients (section 128 of the Mental Health Act 1959)	1 November 1960 – 30 April 2004	2 years

Other offences

Offence (Sexual Offences Act 1956 unless stated otherwise)	Effective dates	Maximum
Administering drugs to obtain or facilitate intercourse (section 4)	1 January 1957 – 30 April 2004	2 years
Burglary with intent to commit rape (section 9 of the Theft Act 1968)	1 January 1969 – 30 April 2004	14 years if dwelling; otherwise 10 years

With thanks to Sweet & Maxwell, HHJ Rook QC and Robert Ward CBE for their kind permission to reproduce parts of Sexual Offences Law & Practice.

Give feedback about this page

Please tell us if there is an issue with this guideline to do with the accuracy of the content, how easy the guideline is to understand and apply, or accessibility/broken links.

Email *

Comment *

reCAPTCHA