(1)A person commits an offence if—
(a)he is a trespasser on any premises,
(b)he intends to commit a relevant sexual offence on the premises, and
(c)he knows that, or is reckless as to whether, he is a trespasser.
(2)In this section—
“premises” includes a structure or part of a structure;
“relevant sexual offence” has the same meaning as in section 62;
“structure” includes a tent, vehicle or vessel or other temporary or movable structure.
(3)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 63 6
[2016] EWCA Crim 569 · 13 April 2016Interprets
The court held that section 63(1) can cover an intention to commit a sexual offence where the precise offence or intended victim cannot be identified. A prosecution remains fair only if the defendant receives sufficient particulars of the bounded allegation. (see paras [30]-[34])
[2025] EWCA Crim 868 · 17 June 2025
The court treated the ten-year maximum for an offence under section 63 as the statutory ceiling relevant to the substituted extended sentence. (see paras [17]; [63])
[2025] EWCA Crim 37 · 15 January 2025
The court treated offending under section 63 as serious, carrying a maximum sentence of ten years, and as capable of engaging the dangerous-offender and extended-sentence provisions. (see paras [15]; [19])
Cited only.
What each judgment says about section 63 is in the case-law panel in the full Act.
122.Section 63 makes it an offence for A to intend to commit a “relevant sexual offence” (defined at subsection (2) of section 62) whilst he is on any premises where he is a trespasser, either knowing, or being reckless as to whether, he is trespassing. A person is a trespasser if he is on any premises without the owner’s or occupier’s consent, or other lawful excuse. This offence is intended to capture, for example, the situation where a person (A) enters a building owned by B, or goes into B’s garden or garage without B’s consent, and he intends to commit a sexual offence against the occupier. The offence applies regardless of whether or not the substantive sexual offence is committed. A will commit the offence if he has the intent to commit a relevant sexual offence at any time while he is a trespasser. The intent is likely to be inferred from what the defendant says or does to the intended victim (if there is one) or from items in possession of the defendant at the time he commits the trespass (for example, condoms, pornographic images, rope etc.). A separate offence is needed to cover trespass (as opposed to relying on section 62) because trespass is a civil tort and not a criminal offence.