Section 89 Exception relating to commission of offence under section 14 of the Sexual Offences Act 2003 by a child in certain circumstancesI1

England and Wales Not yet in force

(1)

The duty under section 85 does not apply to a person if the following four conditions are met.

(2)

The first condition is that the child sex offence that the person is given reason to suspect may have been committed (“the suspected offence”) is an offence under section 14 of the Sexual Offences Act 2003 (arranging or facilitating child sex offence).

(3)

The second condition is that the person reasonably believes that—

(a)

each person involved in the suspected offence was a child aged 13 or over, and

(b)

each person whom (as regards the suspected offence) the suspected offender intended to be, or believed would be, involved in the offence mentioned in section 14(1)(b) of the Sexual Offences Act 2003 (“the arranged or facilitated offence”) was a child aged 13 or over.

(4)

The third condition is that the person is satisfied that—

(a)

each person (if any) involved in the suspected offence (other than the suspected offender) consented to the conduct constituting it, and

(b)

the suspected offender reasonably believed that each person whom the suspected offender intended to be, or believed would be, involved in the arranged or facilitated offence would consent to the conduct constituting it.

(5)

The fourth condition is that the person is satisfied that it would not be appropriate in the circumstances to make a notification under section 85, having regard (among other things) to the risk of harm to each person—

(a)

involved in the suspected offence, or

(b)

whom the suspected offender intended to be, or believed would be, involved in the arranged or facilitated offence.

(6)

For the purposes of the third condition, a child consents if the child agrees by choice, and has the freedom and capacity to make that choice.

Annotations

Commencement

I1: S. 89 not in force at Royal Assent, see s. 255(1)