Sexual Offences (Amendment) Act 1976
The Sexual Offences Act 1976 is an act of the Parliament of the United Kingdom. It made provision in relation to rape and related offences. Except for subsections and and and of section 7, the whole Act is repealed. Section 7 now provides the definition of the expression "a rape offence" in relation to court martial proceedings. The other remaining provisions are purely supplemental.
In England and Wales and Northern Ireland, from 1 September 2001 of the International Criminal Court Act 2001 provides that any reference in this Act to a specific substantive offence includes an offence under section 51 involving conduct constituting that offence, and, as if any reference in those provisions to a specific ancillary offence includes
- that ancillary offence in relation to an offence under section 51 involving conduct constituting the substantive offence in question,
- and an offence under section 52 involving conduct constituting that ancillary offence in relation to an act to which that section applies involving conduct constituting the substantive offence in question.
Section 1 - Meaning of "rape" etc
Subsection provided a definition of the word "rape". It was repealed by section 168 of, and Schedule 11 to, the Criminal Justice and Public Order Act 1994.Subsection was amended by section 168 of, and Schedule 10 to, that Act. It was repealed by paragraph 20 of Schedule 6 to, and Schedule 7 to, the Sexual Offences Act 2003.
Section 2 - Restrictions on evidence at trials for rape etc
This section was amended by section 168 of, and paragraphs 35 and of Schedule 10 to, the Criminal Justice and Public Order Act 1994.This section was repealed on 4 December 2000 by section 67 of, and to, the Youth Justice and Criminal Evidence Act 1999 and 5.
Section 3 - Application of section 2 to committal proceedings, courts–martial and summary trials
This section was amended by section 47 of, and paragraph 23 of Schedule 1 to, the Criminal Procedure and Investigations Act 1996. The amended text applied only in relation to alleged offences into which no criminal investigation had begun before 1 April 1997.This section was repealed on 4 December 2000 by section 67 of, and to, the Youth Justice and Criminal Evidence Act 1999 and 5.
Section 4 – Anonymity of complainants in rape etc cases
This section was amended by Schedule 5 to the Cable and Broadcasting Act 1984, section 158 of the Criminal Justice Act 1988, Schedule 20 to the Broadcasting Act 1990, and sections 168 and of, and paragraph 13 of Schedule 9 to, and paragraph 36 of Schedule 10 to the Criminal Justice and Public Order Act 1994.It was repealed in part by Schedule 16 to the Criminal Justice Act 1988, and Schedule 21 to the Broadcasting Act 1990.
This section was repealed by section 67 of, and to, the Youth Justice and Criminal Evidence Act 1999.
Broader provisions for the anonymity of complainants in sexual offence cases were established by the Sexual Offences (Amendment) Act 1992.
Sections 4(1) and (1A)
Subsections and were substituted for subsection by section 158 of, and paragraph 16 of Schedule 8 to, the Criminal Justice Act 1988.The words "or man" in both places and the words "or him" were inserted in subsection on 3 November 1994 by section 168 of, and paragraph 36and of Schedule 10 to the Criminal Justice and Public Order Act 1994.
The words "name nor the address of the woman or man", "that person’s lifetime" and "identify that person" in subsection were substituted on 3 November 1994 by section 168 of, and paragraph 36, and of Schedule 10 to the Criminal Justice and Public Order Act 1994.
The words "included in a relevant programme for reception" in subsection and and the words "inclusion in a relevant programme" in subsection were substituted by section 203 of, and paragraph 26 of Schedule 20 to, the Broadcasting Act 1990.
The words "or man" were inserted in subsection on 3 November 1994 by section 168 of, and paragraph 36 of Schedule 10 to the Criminal Justice and Public Order Act 1994.
The words "that person’s lifetime" in subsection 1 were substituted on 3 November 1994 by section 168 of, and paragraph 36 of Schedule 10 to the Criminal Justice and Public Order Act 1994.
Section 4(3)
The words "before the Crown Court at which a person is charged with a rape offence" and "relating to the complainant" were repealed by sections 158 and 170 of, and paragraph 16 of Schedule 8 to, and Schedule 16 to, the Criminal Justice Act 1988.The words "the outcome of" were substituted for the words "an acquittal of a defendant" by section 158 of, and paragraph 16 of Schedule 8 to, the Criminal Justice Act 1988.
Section 4(5)
This subsection created a summary offence of contravening subsection. See further Brown v DPP, 162 JP 333, The Times 26 March 1998, DC.The words "or included in a relevant programme" were substituted by section 203 of, and paragraph 26 of Schedule 20 to, the Broadcasting Act 1990.
Paragraph was inserted after paragraph by paragraph 34 of Schedule 5 to the Cable and Broadcasting Act 1984.
A new paragraph was substituted for paragraphs and by section 203 of, and paragraph 26 of Schedule 20 to, the Broadcasting Act 1990..
The reference to level 5 on the standard scale was substituted for England and Wales by sections 38 and 46 of the Criminal Justice Act 1982, and for Scotland by the sections 289F and 289G of the Criminal Procedure (Scotland) Act 1975, and for Northern Ireland by, articles 5 and 6 of S.I. 1984/703.
Section 4(5A)
This subsection was inserted by section 158 of, and paragraph 16 of Schedule 8 to, the Criminal Justice Act 1988.The words of "any matter or the inclusion of any matter in a relevant programme" and the words "or programme" were substituted in this subsection by section 203 of, and paragraph 26 of Schedule 20 to, the Broadcasting Act 1990.
The words "or man" were inserted in this subsection on 3 November 1994 by section 168 of, and paragraph 36 of Schedule 10 to, the Criminal Justice and Public Order Act 1994.
Section 4(5B)
This subsection was inserted by section 158 of, and paragraph 16 of Schedule 8 to, the Criminal Justice Act 1988.The words "peace or comfort of the woman or man" were substituted in this subsection on 3 November 1994 by section 168 of, and paragraph 36 of Schedule 10 to, the Criminal Justice and Public Order Act 1994.
Section 4(6)
The words "transfers proceedings against him for trial for" in subsection were prospectively substituted by section 44 of, and paragraph 27 of Schedule 4 to, the Criminal Justice and Public Order Act 1994. That Schedule was retrospectively repealed by sections 44 and and 80 of, and paragraph 1 of Schedule 5 to, the Criminal Procedure and Investigations Act 1996.The definition of "a broadcast" was repealed by sections 203 and of, and paragraph 26 of Schedule 20 to, and Schedule 21 to, the Broadcasting Act 1990.
The definition of "cable programme" was inserted by section 57 of, and paragraph 34 of Schedule 5 to, the Cable and Broadcasting Act 1984. It was repealed by sections 203 and of, and paragraph 26 of Schedule 20 to, and Schedule 21 to, the Broadcasting Act 1990.
The words "or man" in the definition of "complainant" were inserted on 3 November 1994 by section 168 of, and paragraph 36 of Schedule 10 to, the Criminal Justice and Public Order Act 1994.
The definition of "relevant programme" was inserted by section 203 of, and paragraph 26 of Schedule 20 to, the Broadcasting Act 1990.
Section 4(6A)
This subsection was inserted on 3 February 1995 by section 168 of, and paragraph 13 of Schedule 9 to, the Criminal Justice and Public Order Act 1994.Section 4(7)
Subsection was repealed by section 170 of, and paragraph 16 of Schedule 8 to, and Schedule 16 to, the Criminal Justice Act 1988.The words "or upon matter included in a relevant programme" were substituted in subsection by section 203 of, and paragraph 26 of Schedule 20 to, the Broadcasting Act 1990.
Section 5 - Provisions supplementary to section 4
This section was repealed by section 67 of, and to, the Youth Justice and Criminal Evidence Act 1999.Section 5(1)
This subsection modified section 4 in relation to persons charged with a rape offence in pursuance of any provision of the Naval Discipline Act 1957, the Army Act 1955 or the Air Force Act 1955.The word "all" was substituted for the word "both" in subsection by section 170 of, and paragraph 16 of Schedule 8 to, and paragraph 53 of Schedule 15 to, the Criminal Justice Act 1988.
Section 5(5)
For the words "or broadcast" in this subsection, there was substituted the words "broadcast or cable programme" by section 57 of, and paragraph 34 of Schedule 5 to Cable and Broadcasting Act 1984. That Act was repealed on 1 December 1990 by section 203 of, and Schedule 21 to, the Broadcasting Act 1990. For the words "broadcast or cable programme in question was of" there was substituted the words "or programme in question was of, or included," by section 203 of, and paragraph 26 of Schedule 20 to, the said Act of 1990.This section was explained by of the Criminal Jurisdiction Act 1975. The said section 12 provided that this subsection did not prevent the arrest without warrant, or the issue or execution of a warrant for the arrest, of a person for any offence, or the remand in custody or on bail of a person charged with any offence, and that this subsection was subject to any enactment concerning the apprehension or detention of children or young persons.
Section 5(6)
The words from the beginning to "and" in the second place where it occurred were by section 170 of, and paragraph 16 of Schedule 8 to, and to, the Criminal Justice Act 1988.Before:
After:
Section 6 - Anonymity of defendants in rape etc cases
This section was repealed by sections 158 and 170 of, and paragraph 16 of Schedule 8 to, and Schedule 16 to, the Criminal Justice Act 1988.Section 7 - Citation, interpretation, commencement and extent
Section 7(2)
This subsection defined the expressions "a rape offence" and "sexual intercourse" for the Act.As originally enacted, this subsection defined "a rape offence" to mean any of the following: rape, attempted rape, aiding, abetting, counselling and procuring rape or attempted rape, and incitement to rape. The definition was amended by sections 158 and of, and paragraph 16 of Schedule 8 to, the Criminal Justice Act 1988, which added conspiracy to rape and burglary with intent to rape. This subsection was substituted by section 139 of, and paragraphs 20 and of Schedule 6 to the Sexual Offences Act 2003. This provided a new definition of "a rape offence" as meaning any of the following:
The reference to the common law offence of incitement that offence in subsection now has effect as a reference to the offences under Part 2 of the Serious Crime Act 2007. Paragraph 4 of Part I of Schedule 6 to that Act also says that this subsection now provides the meaning of "rape offence" in relation to court martial proceedings.
Part 2 of the 2007 Act relates to encouraging or assisting crime and the offences in question are:
- Intentionally encouraging or assisting an offence, contrary to section 44
- Encouraging or assisting an offence believing it will be committed, contrary to section 45
- Encouraging or assisting offences believing one or more will be committed, contrary to section 46
The words "section 46 of the Sexual Offences Act 1956" were substituted for the words "and section 46 of that Act" on 3 November 1994 by section 168 of, and paragraph 35 of Schedule 10 to, the Criminal Justice and Public Order Act 1994. This was consequential on the repeal of the definition of sexual intercourse which left those words with no point of reference.
Section 7(3)
This subsection was repealed sections 139 and 140 of, and paragraph 20 of Schedule 6 to, and Schedule 7 to, the Sexual Offences Act 2003.Section 7(4)
As enacted this subsection read:The words "and 6" were repealed by section 170 of, and paragraph 16 of Schedule 8 to, and Schedule 16 to, Criminal Justice Act 1988.
The words from "except that" onwards were repealed by section 67 of, and to, the Youth Justice and Criminal Evidence Act 1999.
The power conferred on the Secretary of State to bring sections 5 and 6 was exercised on 22 April 1978 by article 2 of the Sexual Offences Act 1976 Order 1978. And section 5 was brought into force on that date.
"The period of one month beginning with the date on which it is passed"
The word "month" means a calendar month. The date on which the Act was "passed" is the date on which it received royal assent. That date was 22 November 1976. The period of one month includes the date on which the Act was passed. The effect of this is that the Act came into force on 22 December 1976, except sections 5 and 6.
Section 7(5)
As enacted this subsection read:The words "and 6" were repealed by section 170 of, and paragraph 16 of Schedule 8 to, and Schedule 16 to, the Criminal Justice Act 1988. This was consequential on the repeal of section 6 by that Act.
This subsection was repealed by section 67 of, and to, the Youth Justice and Criminal Evidence Act 1999. This was consequential on the repeal of sections 2 to 4 by that Act.
Section 7(6)
This subsection reads:The words "and to such a publication or broadcast or inclusion in a cable programme in Northern Ireland as is mentioned in section 4 as adapted by section 5" were substituted for the words " as adapted by section 5 and section 6 as adapted by section 6)" by section 170 of, and paragraph 16 of Schedule 8 to, and paragraph 53 of Schedule 15 to, and Schedule 16 to, the Criminal Justice Act 1988.
The words "in, or such an inclusion of matter in a relevant programme for reception in," were substituted for the words "broadcast or inclusion in a cable programme" by section 203 of, and paragraph 26 of Schedule 20 to, the Broadcasting Act 1990.
The words "or Northern Ireland" were substituted for the words "and this Act, except so far as it relates to courts–martial and the Courts–Martial Appeal Court in Northern Ireland as is mentioned in section 4 as adapted by section 5], shall not extend to Northern Ireland" by section 48 of, and paragraphs 4 and of Schedule 2 to, the Youth Justice and Criminal Evidence Act 1999.