In Spring 2019 the MoJ conducted a review of the law in this area, speaking to 45 stakeholders, including charities, sports bodies, religious organisations, victims’ groups, the police, and the CPS. This review found strong evidence for extending the law to cover situations involving activities taking place in a sport or in a religion. 4. Frequently asked/useful questions 4.1 Q: Why were the existing positions of trust offences created? The public interest factors in relation to ‘under 13’ offences (sections 5 - 8) and child sex offences (sections 9 -10) apply to sections 25 - 27 familial child sex offences but prosecutors should bear in mind the specific breach of trust in the familial offences. The penetrative offence is an indictable only offence and carries a maximum sentence of life imprisonment.

The non-penetrative offence is an either way offence and carries a maximum sentence of 14 years imprisonment.Offences under sections 25 and 26 (familial child sex offences) may also come within sections 9 and 10. Prosecutors should charge the familial child sex offence where there is clear evidence of a familial relationship. Section 47 is an indictable only offence if penetration occurs and the maximum sentence is 14 years imprisonment, or life imprisonment if the victim is under 13 years of age. Where the child is 16 or 17 the offence is either way and the maximum sentence is 7 years irrespective of penetration. Under section 11, there is no requirement that the complainant is actually aware of the activity, though there is a requirement that the complainant is present, or could potentially observe it. Observation can be via a webcam and includes an image.

This section defines when a person is involved in the care of another for the purposes of section 38 - 41. Key points The definition of sexual is contained within section 78 of the Sexual Offences Act 2003 and applies to all offences in part 1 of the Act, with the exception of section 71 (sexual activity in a public lavatory). When prosecuting youths who have committed sexual offences prosecutors must have regard to the to the principal aim of the youth justice system which is to prevent offending by children and young persons but also to the welfare of the offender. The overriding purpose of the Sexual Offences Act 2003 is to protect children. It was not Parliament’s intention to punish children unnecessarily or for the criminal law to intervene where it was wholly inappropriate.This offence is intended to protect children from adults who communicate (not restricted to on-line communications) with them and then arrange to meet them with the intention of committing a sexual offence against them, either at that meeting or subsequently. If a child is under 13 and the age can be proved, prosecutors should charge a non-consensual offence under sections 5 - 8. A child under 13 does not, under any circumstances, have the legal capacity to consent to any form of sexual activity. Non-consensual offences under sections 1 - 4 Sexual Offences Act 2003 are so serious that a prosecution is almost certainly required in the public interest. Interpretation Act 1978: Section 76", legislation.gov.uk, The National Archives, 2003/l c. 42 (s. 76)