Committing an offence with intent to commit a sexual offence

Sexual Offences Act 2003, s.62

Triable only on indictment (if kidnapping or false imprisonment committed), otherwise triable either way
Maximum: Life imprisonment (if kidnapping or false imprisonment committed), otherwise 10 years’ custody


Applicability

In accordance with section 120 of the Coroners and Justice Act 2009, the Sentencing Council issues this definitive guideline. It applies to all offenders aged 18 and older, who are sentenced on or after 1 April 2014.*

Section 59(1) of the Sentencing Code provides that:

“Every court –

  1. must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offender’s case, and
  2. must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function,

unless the court is satisfied that it would be contrary to the interests of justice to do so.”

This guideline applies only to offenders aged 18 and older. For sentencing children and young people, see:

Structure, ranges and starting points

For the purposes of of section 60 of the Sentencing Code, the guideline specifies offence ranges – the range of sentences appropriate for each type of offence. Within each offence, the Council has specified different categories which reflect varying degrees of seriousness. The offence range is split into category ranges – sentences appropriate for each level of seriousness. The Council has also identified a starting point within each category.

Starting points define the position within a category range from which to start calculating the provisional sentence. Starting points apply to all offences within the corresponding category and are applicable to all offenders, in all cases. Once the starting point is established, the court should consider further aggravating and mitigating factors and previous convictions so as to adjust the sentence within the range. Starting points and ranges apply to all offenders, whether they have pleaded guilty or been convicted after trial. Credit for a guilty plea is taken into consideration only at step four in the decision making process, after the appropriate sentence has been identified.

*The maximum sentence that applies to an offence is the maximum that applied at the date of the offence. See Sexual offences - historical for more information.

Where kidnapping or false imprisonment was committed this is a Schedule 19 offences for the purposes of sections 274 and 285 (required life sentence for offence carrying life sentence) of the Sentencing Code.

For offences committed by kidnapping or false imprisonment, on or after 3 December 2012, this is an offence listed in Part 1 of Schedule 15 for the purposes of sections 273 and 283 (life sentence for second listed offence) of the Sentencing Code.

This is a specified offence for the purposes of sections 266 and 279 (extended sentence for certain violent, sexual or terrorism offences) of the Sentencing Code.

The starting point and range should be commensurate with that for the preliminary offence actually committed but with an enhancement to reflect the intention to commit a sexual offence. The enhancement will vary depending on the nature and seriousness of the intended sexual offence but 2 years’ custody is suggested as a suitable enhancement where the intent was to commit rape or assault by penetration.

Sexual harm prevention order on conviction

May be made by A magistrates’ court or the Crown Court  
Relevant legislation Sentencing Act 2020, part 11, Chapter 2
 

Availability

 

 

 

 

Where a person is convicted of an offence listed in Schedule 3 or Schedule 5 to the Sexual Offences Act 2003 the court dealing with the offender in respect of the offence may make an SHPO if satisfied that it is necessary to do so for the purpose of—

  • protecting the public or any particular members of the public from sexual harm from the offender, or
  • protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.

No application is necessary for the court to make a SHPO at the point of sentence although the prosecutor may wish to invite the court to consider making an order in appropriate cases. The court may ask pre-sentence report writers to consider the suitability of a SHPO on a non-prejudicial basis.

Sentencing Act 2020, s344(2) provides that any conditions in Sch. 3 SOA 2003 relating to the age of the offender or the victim, or the sentence imposed on the offender may be disregarded in determining whether the offence is listed in schedule 3.

Considerations The details of the offence are likely to be a key factor in the court’s decision, together with the offender’s previous convictions and the assessment of risk presented by the Probation Service in any pre-sentence report. The court may take into consideration the range of other options available to it in respect of protecting the public. The court may want to consider:

  1. 1.    Would an order minimise the risk of harm to the public or to any particular members of the public?
  2. Is it proportionate?
  3. Can it be policed effectively?
Content of the order The order may prohibit the offender from doing anything described in the order or require the offender to do anything described in the order.

The prohibitions or requirements which are imposed must, so far as practicable, be such as to avoid—

  • any conflict with the offender’s religious beliefs,
  • any interference with the times, if any, at which the offender normally works or attends any educational establishment, and
  • any conflict with any other court order or injunction

A SHPO that imposes a requirement (other than an electronic monitoring requirement) to do something must specify a person who is to be responsible for supervising compliance with the requirement. The person may be an individual or organisation. The court must receive evidence about the requirements suitability and enforceability from the individual who will enforce it or from an individual representing the organisation who will enforce it.

Length of the order

 

Within the SHPO the Court must specify the period for which each prohibition or requirement is to have effect (the specified period).

The specified period must either be a fixed period of not less than 5 years or an indefinite period (so that the prohibition or requirement has effect until further order).

The order may specify different periods for different prohibitions or requirements.

As a guide, the specified period would normally be the same length as the statutory notification period. Where the specified period is longer than the statutory notification period, the offender will remain subject to the notification requirements for the full duration of the sexual harm prevention order.

Effect on earlier orders Where an order is made in respect of an offender who is already subject to an SHPO, the earlier SHPO ceases to have effect. If the offender is already subject to a Sexual Offences Prevention Order or Foreign Travel Order made in Scotland or Northern Ireland, that order ceases to have effect unless the court orders otherwise.
Consequences of breach Breach of a SHPO is a criminal offence, maximum penalty five years’ custody.

Breach of a sexual harm prevention order guideline

 

Forfeiture or suspension of personal licence (supply of alcohol) - Licensing Act 2003

May be made by A magistrates’ court or the Crown Court  
Relevant legislation Licensing Act 2003, Part 6
 

Availability

 

 

A personal licence is a licence granted by a licensing authority to an individual which authorises them to supply alcohol, or authorise the supply of alcohol, in accordance with a premises licence.

Where the holder of a personal licence is convicted of a relevant offence the court may:

  • order the forfeiture of the licence or
  • order its suspension for a period not exceeding 6 months.

A relevant offence is one listed in Schedule 4.

Considerations The court may take account of any previous conviction for a relevant offence.
Further Actions for the court Where the holder of a personal licence is convicted of a relevant offence the court must (as soon as reasonably practicable) send the relevant licensing authority a notice specifying

  • the name and address of the relevant person
  • the nature and date of the conviction, and
  • any sentence passed in respect of it, including whether an order was made to forfeit or suspend the licence, and send a copy of the notice to the relevant person.