Paragraph 35

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

An offence under section 69 or 70 of this Act (F1sexual activity with an animal, F2sexual activity with a corpse) if —

(a)

where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)

in any other case, the offender, in respect of the offence or finding, is or has been—

(i)

sentenced to a term of imprisonment, or

(ii)

detained in a hospital.

Annotations

F1: Words in Sch. 3 para. 35 substituted (29.9.2026) by Crime and Policing Act 2026 (c. 20), ss. 114(5), 255(1); S.I. 2026/960, reg. 3(a)
F2: Words in Sch. 3 para. 35 substituted (29.9.2026) by Crime and Policing Act 2026 (c. 20), ss. 115(2), 255(1); S.I. 2026/960, reg. 3(a)

C1: Sch. 3 modified (28.6.2022) by 2007 c. 21, s. 28(4ZA) (as inserted by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 146(c), 208(5)(p))
C2: Sch. 3 modified (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 25(3), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)