Paragraph 43

The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

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In section 109 (life sentence for second serious offence), in subsection (5), after paragraph (f) insert—

“(fa)

an offence under section 1 or 2 of the Sexual Offences Act 2003 (in this section, “the 2003 Act”) (rape, assault by penetration);

(fb)

an offence under section 4 of the 2003 Act (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;

(fc)

an offence under section 5 or 6 of the 2003 Act (rape of a child under 13, assault of a child under 13 by penetration);

(fd)

an offence under section 8 of the 2003 Act (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;

(fe)

an offence under section 30 of the 2003 Act (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section;

(ff)

an offence under section 31 of the 2003 Act (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;

(fg)

an attempt to commit an offence within any of paragraphs (fa) to (ff);”.

In section 161 (definition of “sexual offence” etc.), in subsection (2)—

In Schedule 9 (consequential amendments), omit paragraphs 189, 190 and 193.