{
  "url": "https://openlegislation.uk/sexual-offences-act-2003/schedule-6/paragraph-43",
  "json_url": "https://openlegislation.uk/sexual-offences-act-2003/schedule-6/paragraph-43.json",
  "legislation": "ukpga/2003/42",
  "legislation_title": "Sexual Offences Act 2003",
  "legislation_url": "https://openlegislation.uk/sexual-offences-act-2003",
  "path": "schedule/6/paragraph/43",
  "kind": "paragraph",
  "number": "43",
  "heading": null,
  "text": "(1) The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.\n(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) In section 109 (life sentence for second serious offence), in subsection (5), after paragraph (f) insert—\n“(fa) an offence under section 1 or 2 of the Sexual Offences Act 2003 (in this section, “the 2003 Act”) (rape, assault by penetration);\n(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;\n(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);\n(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;\n(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;\n(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;\n(fg) an attempt to commit an offence within any of paragraphs (fa) to (ff);”.\n(4) In section 161 (definition of “sexual offence” etc.), in subsection (2)—\n(a) after paragraph (f) insert—\n“(fa) an offence under any provision of Part 1 of the Sexual Offences Act 2003 except section 52, 53 or 71;”;\n(b) in paragraph (g), for “(a) to (f)” substitute “ (f) and (fa) ”.\n(5) In Schedule 9 (consequential amendments), omit paragraphs 189, 190 and 193.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 6 para. 43(2) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2003/42/schedule/6/paragraph/43",
    "retrieved_at": "2026-10-29T09:17:48.870823+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}