(1)A person commits an offence under this section if he commits any offence with the intention of committing a relevant sexual offence.
(2) In this section, “relevant sexual offence” means any offence under this Part (including an offence of aiding, abetting, counselling or procuring such an offence).
(3)A person guilty of an offence under this section is liable on conviction on indictment, where the offence is committed by kidnapping or false imprisonment, to imprisonment for life.
(4)Unless subsection (3) applies, 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 10 years.
Cases considering section 62 8
[2025] EWCA Crim 1017 · 10 July 2025Limits
The absence of a charge under section 62 did not prevent the sentencing judge from determining the appellants’ motive and intention to rape when those facts were relevant to sentencing for kidnapping. The provision was not charged because the alleged intention to rape developed later and the indictment was already complicated. (see paras [23], [30]-[31])
[2024] EWCA Crim 1464 · 19 November 2024
The court stated that the section 62 sentencing guideline provides for a sentence commensurate with the preliminary offence, enhanced according to the intended sexual offence. The judge's failure to address the guideline was not challenged and did not affect the sentence. (see paras [31]–[32])
The provision formed the legal basis of count 1. The court upheld sentence on the basis that the appellant intended to commit rape, notwithstanding that the indictment did not specify the intended sexual offence. (see paras [2], [35]–[39])
[2017] EWCA Crim 874 · 4 July 2017
The court applied the sentencing guideline approach for the offence. The starting point and range were to be commensurate with the preliminary offence actually committed, enhanced for the intended sexual offence. That approach supported a substantial sentence, but not the 18-year term after trial (see paras [16]-[20]).
What each judgment says about section 62 is in the case-law panel in the full Act.
121.Section 62 makes it an offence for a person (A) intentionally to commit any criminal offence with intent to commit any relevant sexual offence as defined in subsection (2). This offence is intended to capture the situation where A commits a criminal offence but does so with the intention of committing a subsequent sexual offence, regardless of whether or not the substantive sexual offence is committed. It would apply, for example, where A kidnaps B so that he can rape him but is caught by the police before committing the rape. It would also apply where A detained B in his flat with this intention, or assaulted B to subdue him so that he could more easily rape him. If A does commit the intended offence, he could be charged with the substantive sexual offence in addition to this offence.