Legislation – Police, Crime, Sentencing and Courts Act 2022
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PART 2Prevention, investigation and prosecution of crime
CHAPTER 4Other provisions
Sexual offences
I1I446Arranging or facilitating commission of a child sex offence
1
Section 14 of the Sexual Offences Act 2003 (arranging or facilitating commission of a child sex offence) is amended in accordance with subsections (2) and (3).
2
In subsection (1), in paragraph (b), for “9” substitute “5”
.
3
In subsection (4), for paragraphs (a) and (b) substitute “to the penalty to which the person would be liable on conviction of the offence within subsection (1)(b)”
.
I247Positions of trust
1
The Sexual Offences Act 2003 is amended as follows.
2
After section 22 insert—
22AFurther positions of trust
1
For the purposes of sections 16 to 19, a person (A) is in a position of trust in relation to another person (B) if—
a
A coaches, teaches, trains, supervises or instructs B, on a regular basis, in a sport or a religion, and
b
A knows that they coach, teach, train, supervise or instruct B, on a regular basis, in that sport or religion.
2
In subsection (1)—
“sport” includes—
- a
any game in which physical skill is the predominant factor, and
- b
any form of physical recreation which is also engaged in for purposes of competition or display;
“religion” includes—
- a
a religion which involves belief in more than one god, and
- b
a religion which does not involve belief in a god.
3
This section does not apply where a person (A) is in a position of trust in relation to another person (B) by virtue of circumstances within section 21.
4
The Secretary of State may by regulations amend subsections (1) and (2) to add or remove an activity in which a person may be coached, taught, trained, supervised or instructed.
3
In section 138(2) (orders and regulations) after “section 21,” insert “22A,”
.
I3I548Voyeurism: breast-feeding
1
Section 67A of the Sexual Offences Act 2003 (voyeurism: additional offences) is amended as follows.
2
After subsection (2) insert—
2A
A person (A) commits an offence if—
a
A operates equipment,
b
A does so with the intention of enabling A or another person (C), for a purpose mentioned in subsection (3), to observe another (B) while B is breast-feeding a child, and
c
A does so—
i
without B’s consent, and
ii
without reasonably believing that B consents.
2B
A person (A) commits an offence if—
a
A records an image of another (B) while B is breast-feeding a child,
b
A does so with the intention that A or another person (C) will look at the image for a purpose mentioned in subsection (3), and
c
A does so—
i
without B’s consent, and
ii
without reasonably believing that B consents.
3
In subsection (3), for “and (2)” substitute “to (2B)”
.
4
After subsection (3) insert—
3A
In this section a reference to B breast-feeding a child includes B re-arranging B’s clothing—
a
in the course of preparing to breast-feed the child, or
b
having just finished breast-feeding the child.
3B
It is irrelevant for the purposes of subsections (2A) and (2B)—
a
whether or not B is in a public place while B is breast-feeding the child,
b
whether or not B’s breasts are exposed while B is breast-feeding the child, and
c
what part of B’s body—
i
is, or is intended by A to be, visible in the recorded image, or
ii
is intended by A to be observed.