Either-way sexual offences – new to the MCSG

The Sexual Offences definitive guideline, which came into force in 2014, includes a number of offences that are triable either way but, in reality, are not often tried in the magistrates’ courts. When the original guideline was published, the Council decided not to add the relevant guidelines to the magistrates’ court sentencing guidelines (MCSG).

Now that the Crown Court guidelines are fully digital, we have been able easily to replicate the guidelines for these sexual offences and have published them in the MCSG, both on the website and in the app.

  • Abuse of position of trust: causing a child to watch a sexual act
  • Abuse of position of trust: causing or inciting a child to engage in sexual activity
  • Abuse of position of trust: sexual activity in the presence of a child
  • Abuse of position of trust: sexual activity with a child
  • Administering a substance with intent
  • Arranging or facilitating sexual exploitation of a child
  • Arranging or facilitating the commission of a child sex offence
  • Care workers: Causing a person with a mental disorder to watch a sexual act
  • Care workers: Causing or inciting sexual activity
  • Care workers: Sexual activity in the presence of a person with a mental disorder
  • Care workers: Sexual activity with a person with a mental disorder
  • Causing a child to watch a sexual act
  • Causing a person to engage in sexual activity without consent
  • Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception
  • Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception
  • Causing a person, with mental disorder impeding choice, to watch a sexual act
  • Causing or inciting a child to engage in sexual activity
  • Causing or inciting a child under 13 to engage in sexual activity
  • Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity
  • Causing or inciting sexual exploitation of a child
  • Child sex offences committed by children or young persons (offender under 18)
  • Committing an offence with intent to commit a sexual offence
  • Controlling a child in relation to sexual exploitation
  • Engaging in sexual activity in the presence of a child
  • Engaging in sexual activity in the presence of a person with mental disorder impeding choice
  • Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder
  • Inciting a child family member to engage in sexual activity
  • Inciting a child family member to engage in sexual activity (offender under 18)
  • Inducement, threat or deception to procure sexual activity with a person with a mental disorder
  • Meeting a child following sexual grooming
  • Paying for the sexual services of a child
  • Sex with an adult relative: consenting to penetration
  • Sex with an adult relative: penetration
  • Sexual activity with a child family member (offender under 18)
  • Sexual activity with a child family member
  • Sexual activity with a child/ Causing or inciting a child to engage in sexual activity
  • Sexual activity with a person with a mental disorder impeding choice
  • Trafficking people for sexual exploitation
  • Trespass with intent to commit a sexual offence