Sexual Offences Act 2003, section 68

Voyeurism: interpretation

Part 1 Sexual Offences

[F150 (1)For the purposes of section 67, a person is doing a private act if the person is in a place which, in the circumstances, would reasonably be expected to provide privacy, and—

(a)the person’s genitals, buttocks or breasts are exposed or covered only with underwear,

(b)the person is using a lavatory, or

(c)the person is doing a sexual act that is not of a kind ordinarily done in public.

[F151 (1A)For the purposes of sections 67 and 67A, operating equipment includes enabling or securing its activation by another person without that person's knowledge.F151]

(2) In section 67, “structure” includes a tent, vehicle or vessel or other temporary or movable structure. F150]

Cases considering section 68 4

Richards, R. v

[2020] EWCA Crim 95 · 28 January 2020Interprets

Whether a person is doing a private act under section 68(1) depends on the place and all the circumstances. Privacy is assessed against the kind of observation or recording in issue. A bedroom sexual act was capable of being private against covert recording by the other participant.

Bassett, R. v

[2008] EWCA Crim 1174 · 14 May 2008Interprets

The Court construed the detailed statutory definition of a private act in its context within the voyeurism offence. It held that the provision identifies body parts and functions for which privacy is conventionally expected, while retaining a fact-specific reasonable-privacy requirement. (see paras [4]; [14]) The Court applied the cumulative definition of a private act: a person must be in a place where privacy is reasonably expected and satisfy one of the listed alternatives. (see paras [4]; [14]) “Breasts” means female breasts and does not include the exposed male chest. Consequently, the observed man was not doing a private act under this limb and the conviction could not stand. (see paras [13]-[15]) The Court treated use of a lavatory as one of the functions which section 68 includes because people conventionally expect privacy for it. (see para [14]) The Court treated sexual acts not ordinarily done in public as functions which section 68 includes because people conventionally expect privacy for them. (see para [14])

B, R v

[2012] EWCA Crim 770 · 20 April 2012Defines

The court treated the provision as defining when a person is doing a private act for the voyeurism offence, including the objectively private character of the place. (see para [59])

What each judgment says about section 68 is in the case-law panel in the full Act.

Explanatory note

131.Section 68 defines “private act”, and “structure” for the purposes of section 67.

All the explanatory notes for the Act

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F150Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3 (with Sch. 2 para. 1) S.R. 2008/510, art. 2
  2. F151S. 68(1A) inserted (12.4.2019) by Voyeurism (Offences) Act 2019 (c. 2), ss. 1(3), 2(2)