Sexual Offences Act 1956
Encyclopedia
The Sexual Offences Act 1956 (4 & 5 Eliz.2 c.69) is an Act
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...

 of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...

 that consolidated the English criminal law
English criminal law
English criminal law refers to the body of law in the jurisdiction of England and Wales which deals with crimes and their consequences. Criminal acts are considered offences against the whole of a community...

 relating to sexual offences between 1957 and 2004. It was mostly repealed (from 1 May 2004) by the Sexual Offences Act 2003
Sexual Offences Act 2003
The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland that was passed in 2003 and became law on 1 May 2004.It replaced older sexual offences laws with more specific and explicit wording...

 which replaced it, but sections 33 to 37 still survive. The 2003 Act also added a new section 33A. These sections create offences to deal with brothel
Brothel
Brothels are business establishments where patrons can engage in sexual activities with prostitutes. Brothels are known under a variety of names, including bordello, cathouse, knocking shop, whorehouse, strumpet house, sporting house, house of ill repute, house of prostitution, and bawdy house...

s.

Although the rest of the Act has been repealed, the repealed sections still apply to sex crimes committed before the repeal.

The Act today

Sections 33, 34, 35 and 36 create summary offence
Summary offence
A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...

s. Section 33A creates an aggravated version of the offence in section 33, and is an indictable offence
Hybrid offence
A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment...

. Section 37 prescribes the penalties.

Sections 33 and 33A

Section 33 reads:
Section 33A reads:
The difference between these offences arises because the definition of a brothel in English law does not require that the premises are used for the purposes of prostitution
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...

, since a brothel exists wherever more than one woman offers sexual intercourse, whether for payment or not.

"Prostitution" is defined by section 51(2) of the Sexual Offences Act 2003 as follows:
"Payment" is defined by section 51(3):

Section 34

Section 35(1)

Section 36

Penalties

Section 37 gives effect to Schedule 2 to the Act, which sets out the penalties for the above offences. For sections 33, 34, 35 and 36 the penalty is imprisonment for three months for a first offence, or six months "for an offence committed after a previous conviction" for any of those offences.

The maximum sentence for the offence under section 33A is six months in the magistrates' court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...

, or seven years in the Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...

.

Succeeding Sexual Offences Acts


  • The Sexual Offences Act 2003
    Sexual Offences Act 2003
    The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland that was passed in 2003 and became law on 1 May 2004.It replaced older sexual offences laws with more specific and explicit wording...

     would
    • insert section 33A into the 1956 Act,

and create further offences relating to prostitution:
    • Sections 47 to 50 prohibit child prostitution
      Prostitution of children
      Prostitution of children or child prostitution is the commercial sexual exploitation of children in which a child performs the services of prostitution, for financial benefit. The term normally refers to prostitution by a minor, or person under the local age of majority...

      .
    • Sections 52 and 53 prohibit pimping for financial gain.
    • Sections 57 to 59 create offences relating to sex trafficking
      Human trafficking
      Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...

      .

Comparative table

Section 2 replaced section 3(1) of the Criminal Law Amendment Act 1885
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes", was the latest in a 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...



Section 3 replaced section 3(2) of the Criminal Law Amendment Act 1885
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes", was the latest in a 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...

 and section 36 of the Criminal Law Amendment Act 1951

Section 4 replaced section 3(3) of the Criminal Law Amendment Act 1885
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes", was the latest in a 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...



Section 5 replaced section 4 of the Criminal Law Amendment Act 1885
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes", was the latest in a 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...



Section 6(1) replaced section 5(1) of the Criminal Law Amendment Act 1885
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes", was the latest in a 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...



Section 6(2) replaced section 1 of the Age of Marriage Act 1929

Section 6(3) replaced section 2 of the Criminal Law Amendment Act 1922

Section 7 replaced section 5(2) of the Criminal Law Amendment Act 1885
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes", was the latest in a 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...



Section 8 replaced section 56(1)(a) of the Mental Deficiency Act 1913

Section 9 replaced section 56(1)(b) of the Mental Deficiency Act 1913

Section 10(1) replaced section 1(1) to (3) of the Punishment of Incest Act 1908

Section 10(2) replaced section 3 of the Punishment of Incest Act 1908

Section 11(1) replaced section 2 of the Punishment of Incest Act 1908

Section 11(2) replaced section 3 of the Punishment of Incest Act 1908

As a whole section 17 replaced sections 53 and 54 of the Offences against the Person Act 1861
Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...

. Section 17(1) replaced section 54 of that Act.

Section 18 replaced section 53 of the Offences against the Person Act 1861
Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...



Section 19 replaced section 7 of the Criminal Law Amendment Act 1885
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes", was the latest in a 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...



Section 20 replaced section 55 of the Offences against the Person Act 1861
Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...



Section 21 replaced section 56(1)(e) of the Mental Deficiency Act 1913

Section 22(1)(a) replaced section 2(2) of the Criminal Law Amendment Act 1885
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes", was the latest in a 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...



Section 22(1)(b) replaced section 2(3) of the Criminal Law Amendment Act 1885
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes", was the latest in a 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...

 and section 2 of the Criminal Law Amendment Act 1912

Section 22(1)(c) replaced section 2(4) of the Criminal Law Amendment Act 1885
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes", was the latest in a 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...

, section 2 of the Criminal Law Amendment Act 1912 and section 1(b) of the Criminal Law Amendment Act 1951

Section 22(2) replaced the proviso to section 2 of the Criminal Law Amendment Act 1885
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes", was the latest in a 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...



Section 23(1) replaced section 2(1) of the Criminal Law Amendment Act 1885
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes", was the latest in a 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...

 and section 1(a) of the Criminal Law Amendment Act 1951

Section 23(2) replaced the proviso to section 2 of the Criminal Law Amendment Act 1885
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes", was the latest in a 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...



Section 24 replaced section 8 of the Criminal Law Amendment Act 1885
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes", was the latest in a 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...



Section 25 replaced section 6(1) of the Criminal Law Amendment Act 1885
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes", was the latest in a 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...



Section 26 replaced section 6(2) of the Criminal Law Amendment Act 1885
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes", was the latest in a 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...



Section 27 replaced section 56(1)(d) of the Mental Deficiency Act 1913

Section 28(1) replaced section 2(1) of the Children and Young Persons Act 1933
Children and Young Persons Act 1933
The Children and Young Persons Act 1933 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland...



Section 28(2) replaced section 2(2) of the Children and Young Persons Act 1933
Children and Young Persons Act 1933
The Children and Young Persons Act 1933 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland...



Sections 28(3) and (4) replaced section 17 of the Children and Young Persons Act 1933
Children and Young Persons Act 1933
The Children and Young Persons Act 1933 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland...



Section 28(5) replaced section 99(2) of the Children and Young Persons Act 1933
Children and Young Persons Act 1933
The Children and Young Persons Act 1933 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland...



Section 29 replaced section 56(1)(c) of the Mental Deficiency Act 1913

Section 30(1) replaced section 1(1)(a) of the Vagrancy Act 1898 and sections 7(2) and (5) of the Criminal Law Amendment Act 1912

Section 30(2) replaced section 1(3) of the Vagrancy Act 1898 and section 7(1) of the Criminal Law Amendment Act 1912

Section 31 replaced section 7(4) of the Criminal Law Amendment Act 1912

Section 32 replaced section 1(1)(b) of the Vagrancy Act 1898 and sections 7(2) and (5) of the Criminal Law Amendment Act 1912

Section 33 replaced section 13(1) of the Criminal Law Amendment Act 1885
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes", was the latest in a 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...



Section 34 replaced section 13(3) of the Criminal Law Amendment Act 1885
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes", was the latest in a 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...



Section 35(1) and 36 replaced section 13(2) of the Criminal Law Amendment Act 1885
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes", was the latest in a 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...



Sections 38 replaced section 1(4) of the Punishment of Incest Act 1908

Section 40 replaced section 1 of the Criminal Law Amendment Act 1912

Section 49(a) replaced section 2 of Criminal Law Amendment Act 1922

Section 49(b) replaced section 3 of Criminal Law Amendment Act 1922

Section 1

This section created the felony, and later offence, of rape.

Section 1(1) replaced section 48 of the Offences against the Person Act 1861
Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...

.

Section 1(2) replaced the final paragraph of section 4 of the Criminal Law Amendment Act 1885
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes", was the latest in a 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...

.

Section 12

This section created the felony, and later offence, of buggery
Buggery
The British English term buggery is very close in meaning to the term sodomy, and is often used interchangeably in law and popular speech. It may be, also, a specific common law offence, encompassing both sodomy and bestiality.-In law:...

.

Section 12(1) replaced section 61 of the Offences against the Person Act 1861
Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...

.

Section 12(2) replaced section 15 of the Children and Young Persons Act 1933
Children and Young Persons Act 1933
The Children and Young Persons Act 1933 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland...

.

Section 12(3) replaced section 99(2) of the Children and Young Persons Act 1933
Children and Young Persons Act 1933
The Children and Young Persons Act 1933 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland...

.

Section 13

This section created the offence of gross indecency between men.

Section 13 replaced section 11 of the Criminal Law Amendment Act 1885
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes", was the latest in a 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...

.

Section 14

This section created the offence of indecent assault
Indecent assault
Indecent assault is an offence of aggravated assault in many jurisdictions. It is characterised as a sex crime.Indecent assault was an offence in England and Wales under sections 14 and 15 the Sexual Offences Act 1956...

 on a woman.

Section 14(1) replaced section 52 of the Offences against the Person Act 1861
Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...

.

Section 14(2) replaced section 1 of the Criminal Law Amendment Act 1922.

Section 14(3) replaced section 1 of the Age of Marriage Act 1929.

Section 14(4) replaced section 56(3) of the Mental Deficiency Act 1913.

Section 15

This section created the offence of indecent assault
Indecent assault
Indecent assault is an offence of aggravated assault in many jurisdictions. It is characterised as a sex crime.Indecent assault was an offence in England and Wales under sections 14 and 15 the Sexual Offences Act 1956...

 on a man.

Section 15(1) replaced section 62 of Offences against the Person Act 1861
Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...

.

Section 15(2) replaced section 1 of the Criminal Law Amendment Act 1922.

Section 15(3) replaced section 56(3) of the Mental Deficiency Act 1913.

Section 15(4) replaced section 15 of the Children and Young Persons Act 1933
Children and Young Persons Act 1933
The Children and Young Persons Act 1933 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland...

.

Section 15(5) replaced section 99(2) of the Children and Young Persons Act 1933
Children and Young Persons Act 1933
The Children and Young Persons Act 1933 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland...

.

Section 16

This section created the offence of assault with intent to commit buggery.

Section 16(1) replaced section 62 of Offences against the Person Act 1861
Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...

.

Section 16(2) replaced section 15 of the Children and Young Persons Act 1933
Children and Young Persons Act 1933
The Children and Young Persons Act 1933 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland...

.

Section 16(3) replaced section 99(2) of the Children and Young Persons Act 1933
Children and Young Persons Act 1933
The Children and Young Persons Act 1933 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland...

.

Section 44

See Sexual intercourse#Consent and sexual offenses.

Section 44 replaced section 63 of the Offences against the Person Act 1861
Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...

.

See also

  • Sexual Offences Act
    Sexual Offences Act
    Sexual Offences Act is a stock short title used for legislation in the United Kingdom relating to sexual offences ....

  • Prostitution in the United Kingdom
    Prostitution in the United Kingdom
    In the United Kingdom, prostitution itself is not a crime, but a number of related activities, including soliciting in a public place, kerb crawling, owning a brothel, pimping and pandering, are crimes....

  • Transition from 1956 to 2003 laws

External links

  • Sections 33, 34, 35 and 36 of the Act, as in force today, from the UK Statute Law Database
    UK Statute Law Database
    The UK Statute Law Database is the official web-accessible database of the statute law of the United Kingdom, hosted by The National Archives. It contains all primary legislation in force as of 1991, and all primary and secondary legislation since that date; it does not include legislation which...

    .
  • Section 33A (as inserted by section 55 of the Sexual Offences Act 2003).
  • Text of the whole Act, prior to 1 May 2004.
The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK