Trespass with Intent to Commit a Sexual Offence (Section 63 Sexual Offences Act 2003)

Trespass with Intent to Commit a Sexual Offence is an offence under s.63 Sexual Offences Act 2003. A person commits the offence if he is a trespasser on any premises, he intends to commit a relevant sexual offence on the premises, and he knows that, or is reckless as to whether, he is a trespasser (s.63(1)). "Premises" includes a structure or part of a structure, "structure" includes a tent, vehicle or vessel or other temporary or movable structure, and "relevant sexual offence" has the same meaning as in s.62 (s.63(2)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding 10 years; on summary conviction, imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both (s.63(3)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. All suspects must be interviewed by officers trained in sexual offence investigation. Disclosure must be handled in accordance with the Attorney General's Guidelines. Consider a Sexual Harm Prevention Order application. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).