Child sex offences committed by children or young persons
Part 1 Sexual Offences
(1)A person under 18 commits an offence if he does anything which would be an offence under any of sections 9 to 12 if he were aged 18.
(2)A person guilty of an offence under this section is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years.
Extends sections 9 to 12 to offenders under 18 and provides an alternative offence carrying a maximum of five years’ imprisonment. The majority held that its availability did not make prosecution under section 5 disproportionate; the minority considered it the appropriate provision once mutual activity was accepted (see paras [25]–[26], [38]–[40], [45]–[46], [69]–[71]).
The court treated the offences committed while the appellant was under 18 as section 13 offences. That status required use of the youth sentencing approach and adjustment of adult guideline figures. (see paras [3]; [14]-[16]) The court applied the five-year maximum for section 13 offending when calibrating guideline figures designed for adult offences with a 14-year maximum. (see paras [14]; [15])
The court applied section 13 as the offence corresponding to the applicant’s conduct because he was a child when it was committed. Although it is listed in Schedule 3, the paragraph 22 exception prevented notification requirements from applying (see para [7]).
What each judgment says about section 13 is in the case-law panel in the full Act.
22.Section 13 makes it an offence for a person aged under 18 to do anything that would be an offence under any of sections 9 to 12 if he were aged 18 or over. The purpose of this section is to provide a lower penalty where the offender is aged under 18. In practice (although there is no provision about this in the Act) decisions on whether persons under 18 should be charged with child sex offences will be made by Crown Prosecutors in accordance with the principles set out in the Code for Crown Prosecutors. In deciding whether it is in the public interest to prosecute these offences, where there is enough evidence to provide a realistic prospect of conviction, prosecutors may take into consideration factors such as the ages of the parties; the emotional maturity of the parties; whether they entered into a sexual relationship willingly; any coercion or corruption by a person; and the relationship between the parties and whether there was any existence of a duty of care or breach of trust.