The Sexual Offences (Amendment) Act 1976 (c. 82) is an act of the

Parliament of the United Kingdom The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...

. It made provision in relation to

rape Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person ...

and related offences. Except for subsections (1) and (2) and (4) and (6) of section 7, the whole Act is repealed. Section 7(2) now provides the definition of the expression "a rape offence" in relation to court martial proceedings. The other remaining provisions are purely supplemental. In England and Wales and Northern Ireland, from 1 September 200
section 57
of the International Criminal Court Act 2001 (as read with sections 56, 63(2) and 78 of that Act) provides that any reference in this Act to a specific substantive offence includes an offence under section 51 involving conduct constituting that offence, and, as if any reference in those provisions to a specific ancillary offence includes * that ancillary offence in relation to an offence under section 51 involving conduct constituting the substantive offence in question, * and an offence under section 52 involving conduct constituting that ancillary offence in relation to an act to which that section applies involving conduct constituting the substantive offence in question.

Section 1 - Meaning of "rape" etc

Subsection (1) provided a definition of the word "

". It was repealed by section 168(3) of, and Schedule 11 to, the

Criminal Justice and Public Order Act 1994 The Criminal Justice and Public Order Act 1994 (c. 33) is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the law, most notably in the restriction and reduction of existing rights, clamping down on unlicensed ...

. Subsection (2) was amended by section 168(2) of, and Schedule 10 to, that Act. It was repealed by paragraph 20(2) of Schedule 6 to, and Schedule 7 to, the

Sexual Offences Act 2003 The Sexual Offences Act 2003 (c. 42) is an Act of the Parliament (for England and Wales). It partly replaced the Sexual Offences Act 1956 with more specific and explicit wording. It also created several new offences such as non-consensual voyeu ...

Section 2 - Restrictions on evidence at trials for rape etc

This section was amended by section 168(2) of, and paragraphs 35(1) and (3) of Schedule 10 to, the

. This section was repealed on 4 December 2000The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 5) Order 2000 (S.I. 2000/3075)
article 2(c)(i)
(as read with article 3) by section 67(3) of, an
Schedule 6
to, the

Youth Justice and Criminal Evidence Act 1999 Youth is the time of life when one is young. The word, youth, can also mean the time between childhood and adulthood ( maturity), but it can also refer to one's peak, in terms of health or the period of life known as being a young adult. Youth ...

(as read with paragraphs 3(3) and 5(2) of Schedule 7).

Section 3 - Application of section 2 to committal proceedings, courts–martial and summary trials

This section was amended by section 47 of, and paragraph 23 of Schedule 1 to, the

Criminal Procedure and Investigations Act 1996 The Criminal Procedure and Investigations Act 1996 or CPIA Abbreviation used in Ministry of JusticeCriminal Procedure and Investigations Act 1996 (section 23(1)) Code of Practice published March 2015, accessed 29 October 2022 is a piece of stat ...

. The amended text applied only in relation to alleged offences into which no criminal investigation had begun before 1 April 1997. This section was repealed on 4 December 2000 by section 67(3) of, an
Schedule 6
to, the

(as read with paragraphs 3(3) and 5(2) of Schedule 7).

Section 4 – Anonymity of complainants in rape etc cases

This section was amended by Schedule 5 to the Cable and Broadcasting Act 1984, section 158 of the

Criminal Justice Act 1988 The Criminal Justice Act 1988 (c. 33) is an Act of the Parliament of the United Kingdom. Title The title of this Act is: Unduly lenient sentences In England and Wales, the Act allows anybody to ask the Attorney General's Office for a sent ...

, Schedule 20 to the

Broadcasting Act 1990 The Broadcasting Act 1990 (c. 42) is an Act of Parliament (UK), act of the Parliament of the United Kingdom, which aimed to liberalise and deregulate the British broadcasting industry by promoting competition; an example being ITV (TV network), ...

, and sections 168(1) and (2) of, and paragraph 13 of Schedule 9 to, and paragraph 36 of Schedule 10 to the

. It was repealed in part by Schedule 16 to the

, and Schedule 21 to the

. This section was repealed by section 67(3) of, an
Schedule 6
to, the

. Broader provisions for the anonymity of complainants in sexual offence cases were established by the Sexual Offences (Amendment) Act 1992.

Sections 4(1) and (1A)

Subsections (1) and (1A) were substituted for subsection (1) by section 158 of, and paragraph 16 of Schedule 8 to, the

. The words "or man" in both places and the words "or him" were inserted in subsection (1)(a) on 3 November 1994 by section 168(2) of, and paragraph 36(2)(a)(i)and (iii) of Schedule 10 to the

. The words "name nor the address of the woman or man", "that person’s lifetime" and "identify that person" in subsection (1)(a) were substituted on 3 November 1994 by section 168(2) of, and paragraph 36(2)(a)(ii), (iv) and (v) of Schedule 10 to the

. The words "included in a relevant programme for reception" in subsection (1)(a)(ii) and (b)(ii) and the words "inclusion in a relevant programme" in subsection (1)(b) were substituted by section 203(1) of, and paragraph 26(1)(a) of Schedule 20 to, the

. The words "or man" were inserted in subsection (1)(b) on 3 November 1994 by section 168(2) of, and paragraph 36(2)(b)(i) of Schedule 10 to the

. The words "that person’s lifetime" in subsection 1(b) were substituted on 3 November 1994 by section 168(2) of, and paragraph 36(2)(b)(ii) of Schedule 10 to the

Section 4(3)

The words "before the Crown Court at which a person is charged with a rape offence" and "relating to the complainant" were repealed by sections 158(4)(a) and 170 of, and paragraph 16 of Schedule 8 to, and Schedule 16 to, the

. The words "the outcome of" were substituted for the words "an acquittal of a defendant" by section 158(4)(b) of, and paragraph 16 of Schedule 8 to, the

Section 4(5)

This subsection created a

summary offence A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offe ...

of contravening subsection (1). See further Brown v DPP, (1998) 162 JP 333, (1998)

The Times ''The Times'' is a British Newspaper#Daily, daily Newspaper#National, national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its modern name on 1 January 1788. ''The Times'' and its si ...

26 March 1998, DC. The words "or included in a relevant programme" were substituted by section 203(1) of, and paragraph 26(1)(b) of Schedule 20 to, the

. Paragraph (d) was inserted after paragraph (c) by paragraph 34(2) of Schedule 5 to the Cable and Broadcasting Act 1984. A new paragraph (c) was substituted for paragraphs (c) and (d) by section 203(1) of, and paragraph 26(1)(b) of Schedule 20 to, the

. (The said paragraph 34(2) of the Act of 1984 being repealed by Schedule 2 to the said Act of 1990). The reference to level 5 on the

standard scale The standard scale is a system in Commonwealth of Nations, Commonwealth law whereby financial Criminal law, criminal penalties (Fine (penalty), fines) in legislation have maximum levels set against a standard scale. Then, when inflation makes it nec ...

was substituted for England and Wales by sections 38 and 46 of the Criminal Justice Act 1982, and for Scotland by the sections 289F and 289G of the

Criminal Procedure (Scotland) Act 1975 Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or ...

, and for Northern Ireland by, articles 5 and 6 of S.I. 1984/703 (N.I. 3).

Section 4(5A)

This subsection was inserted by section 158(3) of, and paragraph 16 of Schedule 8 to, the

. The words of "any matter or the inclusion of any matter in a relevant programme" and the words "or programme" were substituted in this subsection by section 203(1) of, and paragraph 26(1)(c) of Schedule 20 to, the

. The words "or man" were inserted in this subsection on 3 November 1994 by section 168(2) of, and paragraph 36(3) of Schedule 10 to, the

Section 4(5B)

This subsection was inserted by section 158(3) of, and paragraph 16 of Schedule 8 to, the

. The words "peace or comfort of the woman or man" were substituted in this subsection on 3 November 1994 by section 168(2) of, and paragraph 36(4) of Schedule 10 to, the

Section 4(6)

The words "transfers proceedings against him for trial for" in subsection (6)(c) were prospectively substituted by section 44(3) of, and paragraph 27 of Schedule 4 to, the

. That Schedule was retrospectively repealed by sections 44(2) and (6) and 80 of, and paragraph 1 of Schedule 5 to, the

. The definition of "a broadcast" was repealed by sections 203(1) and (3) of, and paragraph 26(1)(d) of Schedule 20 to, and Schedule 21 to, the

. The definition of "cable programme" was inserted by section 57(1) of, and paragraph 34(4) of Schedule 5 to, the Cable and Broadcasting Act 1984. It was repealed by sections 203(1) and (3) of, and paragraph 26(1)(d) of Schedule 20 to, and Schedule 21 to, the

. The words "or man" in the definition of "complainant" were inserted on 3 November 1994 by section 168(2) of, and paragraph 36(5) of Schedule 10 to, the

. The definition of "relevant programme" was inserted by section 203(1) of, and paragraph 26(1)(d) of Schedule 20 to, the

Section 4(6A)

This subsection was inserted on 3 February 1995 by section 168(1) of, and paragraph 13 of Schedule 9 to, the

Section 4(7)

Subsection (7)(a) was repealed by section 170 of, and paragraph 16 of Schedule 8 to, and Schedule 16 to, the

. The words "or upon matter included in a relevant programme" were substituted in subsection (7)(b) by section 203(1) of, and paragraph 26(1)(e) of Schedule 20 to, the

Section 5 - Provisions supplementary to section 4

This section was repealed by section 67(3) of, an
Schedule 6
to, the

Section 5(1)

This subsection modified section 4 in relation to persons charged with a rape offence in pursuance of any provision of the

Naval Discipline Act 1957 The Naval Discipline Act 1957 ( 5 & 6 Eliz. 2. c. 53) was an Act of the Parliament of the United Kingdom governing discipline in the Royal Navy. It governed courts-martial and criminal penalties for crimes committed by officers and ratings of ...

, the

Army Act 1955 An army, ground force or land force is an armed force that fights primarily on land. In the broadest sense, it is the land-based military branch, service branch or armed service of a nation or country. It may also include aviation assets by p ...

or the Air Force Act 1955. The word "all" was substituted for the word "both" in subsection (1)(b) by section 170 of, and paragraph 16 of Schedule 8 to, and paragraph 53(2) of Schedule 15 to, the

Section 5(5)

For the words "or broadcast" in this subsection, there was substituted the words "broadcast or cable programme" by section 57(1) of, and paragraph 34(5) of Schedule 5 to Cable and Broadcasting Act 1984. That Act was repealed on 1 December 1990 by section 203(3) of, and Schedule 21 to, the

. For the words "broadcast or cable programme in question was of" there was substituted the words "or programme in question was of, or (as the case may be) included," by section 203(1) of, and paragraph 26(2) of Schedule 20 to, the said Act of 1990. This section was explained b
section 12
of the Criminal Jurisdiction Act 1975 (repealed for England and Wales by Part II of Schedule 2 to the

Prosecution of Offences Act 1979 A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the ...

). The said section 12 provided that this subsection did not prevent the arrest without warrant, or the issue or execution of a warrant for the arrest, of a person for any offence, or the remand in custody or on bail of a person charged with any offence, and that this subsection was subject to any enactment concerning the apprehension or detention of children or young persons.

Section 5(6)

The words from the beginning to "and" in the second place where it occurred were by section 170(2) of, and paragraph 16 of Schedule 8 to, an
Schedule 16
to, the

. Before: After:

Section 6 - Anonymity of defendants in rape etc cases

This section was repealed by sections 158(5) and 170 of, and paragraph 16 of Schedule 8 to, and Schedule 16 to, the

Section 7 - Citation, interpretation, commencement and extent

Section 7(2)

This subsection defined the expressions "a rape offence" and "

sexual intercourse Sexual intercourse (also coitus or copulation) is a sexual activity typically involving the insertion of the Erection, erect male Human penis, penis inside the female vagina and followed by Pelvic thrust, thrusting motions for sexual pleasure ...

" for the Act. As originally enacted, this subsection defined "a rape offence" to mean any of the following: rape, attempted rape, aiding, abetting, counselling and procuring rape or attempted rape, and incitement to rape. The definition was amended by sections 158(1) and (6) of, and paragraph 16 of Schedule 8 to, the

, which added conspiracy to rape and burglary with intent to rape. This subsection was substituted by section 139 of, and paragraphs 20(1) and (3)(a) of Schedule 6 to the

. This provided a new definition of "a rape offence" as meaning any of the following: :(i) an offence under section 1 of the Sexual Offences Act 2003 (rape) :(ii) an offence under section 2 of that Act (assault by penetration) :(iii) an offence under section 4 of that Act (causing a person to engage in sexual activity without consent) where the activity caused involved penetration within section 4(4)(a) to (d) :(iv) an offence under section 5 of that Act (rape of a child under 13) :(v) an offence under section 6 of that Act (assault of a child under 13 by penetration) :(vi) an offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexual activity) where an activity involving penetration within section 8(3)(a) to (d) was caused :(vii) an offence under section 30 of that Act (sexual activity with a person with a mental disorder impeding choice) where the touching involved penetration within section 30(3)(a) to (d) :(viii) an offence under section 31 of that Act (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity) where an activity involving penetration within subsection 31(3)(a) to (d) was caused :(ix) an attempt, conspiracy or incitement to commit an offence within any of paragraphs (i) to (vii); :(x) aiding, abetting, counselling or procuring the commission of such an offence or an attempt to commit such an offence The reference to the common law offence of incitement (or to conduct amounting to) that offence in subsection (2)(ix) now has effect as a reference to (or to conduct amounting to) the offences under Part 2 of the

Serious Crime Act 2007 The Serious Crime Act 2007 (c. 27) is an Act of the Parliament of the United Kingdom that makes several radical changes to English criminal law. In particular, it creates a new scheme of serious crime prevention orders to frustrate crime in En ...

. Paragraph 4 of Part I of Schedule 6 to that Act also says that this subsection now provides the meaning of "rape offence" in relation to court martial proceedings. Part 2 of the 2007 Act relates to encouraging or assisting crime and the offences in question are: *Intentionally encouraging or assisting an offence, contrary to section 44 *Encouraging or assisting an offence believing it will be committed, contrary to section 45 *Encouraging or assisting offences believing one or more will be committed, contrary to section 46 The definition of "sexual intercourse" was repealed on 3 November 1994 by sections 168(2) and (3) of, and paragraph 35(4)(a) of Schedule 10 to, and Schedule 11 to, the

. The words "section 46 of the Sexual Offences Act 1956" were substituted for the words "and section 46 of that Act" on 3 November 1994 by section 168(2) of, and paragraph 35(4)(b) of Schedule 10 to, the

. This was consequential on the repeal of the definition of sexual intercourse which left those words with no point of reference.

Section 7(3)

This subsection was repealed sections 139 and 140 of, and paragraph 20(3)(b) of Schedule 6 to, and Schedule 7 to, the

Section 7(4)

As enacted this subsection read: The words "and 6(4)(b)" were repealed by section 170 of, and paragraph 16 of Schedule 8 to, and Schedule 16 to,

. The words from "except that" onwards were repealed by section 67(3) of, an
Schedule 6
to, the

. The power conferred on the Secretary of State to bring sections 5(1)(b) and 6(4)(b) was exercised on 22 April 1978 by article 2 of the Sexual Offences (Amendment) Act 1976 (Commencement) Order 1978 (S.I. 1978/485). And section 5(1)(b) was brought into force on that date. "The period of one month beginning with the date on which it is passed" The word "month" means a calendar month. The date on which the Act was "passed" is the date on which it received

royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...

Halsbury's Statutes ''Halsbury's Statutes of England and Wales'' (commonly referred to as ''Halsbury's Statutes'') provides updated texts of every Public General Act of the Parliament of the United Kingdom, Measure of the Welsh Assembly, or Church of England Me ...

That date was 22 November 1976. The period of one month includes the date on which the Act was passed.Hare v Gocher

962 Year 962 ( CMLXII) was a common year starting on Wednesday of the Julian calendar. Events By place Byzantine Empire * December – Arab–Byzantine wars – Sack of Aleppo: A Byzantine expeditionary force under General Nike ...

2 QB 641,

2 All ER 763; Trow v Ind Coope (West Midlands) Ltd

967 Year 967 ( CMLXVII) was a common year starting on Tuesday of the Julian calendar. Events By place Europe * Spring – Emperor Otto I (the Great) calls for a council at Rome, to present the new government under Pope John XIII. He ...

2 QB 899 at 909,

2 All ER 900, CA The effect of this is that the Act came into force on 22 December 1976, except sections 5(1)(b) and 6(4)(b).

Section 7(5)

As enacted this subsection read: The words "and 6" were repealed by section 170 of, and paragraph 16 of Schedule 8 to, and Schedule 16 to, the

. This was consequential on the repeal of section 6 by that Act. This subsection was repealed by section 67(3) of, an
Schedule 6
to, the

. This was consequential on the repeal of sections 2 to 4 by that Act.

Section 7(6)

This subsection reads: The words "and to such a publication or broadcast or inclusion in a cable programme in Northern Ireland as is mentioned in section 4(1) as adapted by section 5(1)(b)" were substituted for the words "(including such a publication or broadcast in Northern Ireland as is mentioned in section 4(1) as adapted by section 5(l)(b) and section 6(1) as adapted by section 6(4)(b))" by section 170 of, and paragraph 16 of Schedule 8 to, and paragraph 53(3) of Schedule 15 to, and Schedule 16 to, the

. The words "in, or such an inclusion of matter in a relevant programme for reception in," were substituted for the words "broadcast or inclusion in a cable programme" by section 203(1) of, and paragraph 26(3) of Schedule 20 to, the

. The words "or Northern Ireland" were substituted for the words "and this Act, except so far as it relates to courts–martial and the Courts–Martial Appeal Court nd to such a publication or [in, or such an inclusion of matter in a relevant programme for reception in,in Northern Ireland as is mentioned in section 4(1) as adapted by section 5(1)(b)], shall not extend to Northern Ireland" by section 48 of, and paragraphs 4(1) and (3) of Schedule 2 to, the

Notes

References

Archbold Criminal Pleading, Evidence and Practice ''Archbold Criminal Pleading, Evidence and Practice'' (usually called simply ''Archbold'') is a leading practitioners' text book for the practice of criminal law in the Crown Court of England and Wales. It is also referred to and used in sever ...

, 1999, chapter 20, passim

External links

The Sexual Offences (Amendment) Act 1976
as amended from the

National Archives National archives are the archives of a country. The concept evolved in various nations at the dawn of modernity based on the impact of nationalism upon bureaucratic processes of paperwork retention. Conceptual development From the Middle Ages i ...

.
The Sexual Offences (Amendment) Act 1976
(PDF), as originally enacted from the

. {{UK legislation United Kingdom Acts of Parliament 1976 Sex crimes in the United Kingdom